2019 Agreement Rivas & Mengar (Asturias) PDF

## **RIVAS & MENGAR** ### **ACUERDO DEL CONSEJO DE GOBIERNO DE 2019 - Asturias** **Personal lobaal** 1. The general working day will be 1,519 working hours in annual computation and will be carried out, in general, during the first five days of each week and will imply a weekly average of thirt...

## **RIVAS & MENGAR** ### **ACUERDO DEL CONSEJO DE GOBIERNO DE 2019 - Asturias** **Personal lobaal** 1. The general working day will be 1,519 working hours in annual computation and will be carried out, in general, during the first five days of each week and will imply a weekly average of thirty-five hours in a flexible schedule. The fixed part of the schedule, of five hours per day, will be mandatory attendance for all staff between 9:00 and 14:00, without prejudice to the flexibility measures for family and work reconciliation. The variable part of the schedule will be weekly computed according to the following rules: a) In the morning: between 7:30 and 9:00 and between 14:00 and 15:30. In this latter range, whenever the workday is to be continued during the afternoon schedule, there must be a minimum half-hour break for lunch. b) In the afternoon: between 15:30 and 19:00, in minimum modules of one hour and thirty minutes. However, the above time ranges may be modified for service reasons duly accredited. 2. The staff who occupy positions configured as special dedication (specific complement B or C) will have a workday of 1,627.5 hours of effective work in annual computation and will imply a weekly average of thirty-seven and half hours in a flexible schedule. In the work positions referred to in the previous paragraph, compliance with the schedule will be subject to the following rules: a) The maximum number of hours that can be complied with in the morning shift will be thirty-two and a half hours per week. b) The rest of the workday will be completed in the afternoon, in minimum modules of one hour and thirty minutes. During the months from June to September, both inclusive, staff that occupy positions configured as special dedication may work a maximum of thirty-five hours in the morning shift. However, in spite of the above and taking into account the service needs, the compliance with the afternoon schedule may be organized by the General Technical Secretariats, at the request of the respective Head Offices of Service, based on criteria that differ from the general rule described in this article, subject to negotiations in the terms established in the applicable legislation. 3. In those centers or services in which the peculiarities of their activity mean that a different work schedule from that regulated generally applies, such schedule will be maintained, adapting the total number of hours to the weekly average of 35 hours or 37 hours and 30 minutes for the case of staff that occupy work positions configured as special dedication (specific complement B or C). ### **ACUERDO DEL CONSEJO DE GOBIERNO DEL 2013 (MODIFIED BY AGREEMENTS OF THE COUNCIL OF GOVERNMENT OF 2016)** **Reductions of jornada** In addition to those provided in the basic legislation of application, the following reductions of workdays are recognized: 1. The staff who for legal reasons have under direct care a child under six years of age, an elderly person requiring special attention or a person with a disability who does not perform a paid activity are entitled to a reduction of the workday of one third or one half, receiving eighty or sixty percent of the total of their remuneration respectively. The same right will be granted to those required to care for their spouse, or a family member, up to the second degree of consanguinity or affinity, who, for reasons of age, accident or illness, cannot take care of themselves and who do not perform a paid activity. If the situation is that two or more people from the same center give rise to the reduction of workday, for the reasons stated, due to the same cause, for reasons of service properly motivated, its simultaneous exercise may be limited. 2. In those cases in which it is compatible with the duties of the position held and with those of the workplace, and subject to a favorable report from the General Technical Secretariat or competent body in matters of personnel of the corresponding body, the staff may avail themselves of working a reduced, continuous and uninterrupted workday of 9:00 to 14:00, receiving seventy-five percent of their remuneration. This reduction of workday cannot be granted to staff who occupy positions level 28 or higher, nor to heads of service, whatever their level; and neither to staff who, due to the nature and characteristics of the position held or the consolidated personal grade, are assigned or recognized the specific complement B or C. 4. The reductions of workdays provided in this article are incompatible with each other. 5. Quarterly, the personal representation will be provided with information on the number of people taking advantage of the reduced work schedule and the center in which they provide services. 6. Authorizations of work reduction will be the responsibility of those holding the position for each Ministry, the information to be passed on to the competent General Directorate in matters of public service. 7. The staff working in centers located in districts with a large week festival declaration or patron saint festival of the locality in which the center in which they work is located will enjoy a one-hour workday reduction during such week and adapted to the service needs. When, for reasons of service organization, such reduction cannot be enjoyed during the aforementioned weeks, the mentioned staff may agree on other dates of enjoyment with the center management or head office of the corresponding administrative unit. **Vacations** 1. The staff will be entitled annually to the days of vacation legally established or, in addition, to those proportionally corresponding to them if the period of service is less than a year. Vacations must be enjoyed within the corresponding calendar year, those of the staff being able to carry out their enjoyment, at the request of the interested party, for periods not shorter than five consecutive working days. Without prejudice to the above, the enjoyment independent of up to five working days per calendar year can be requested, such being able to be carried out at any time during the year, except for needs of the service duly motivated, and always with authorization from the General Technical Secretariats or bodies competent in matters of personnel, subject to a report from the corresponding Heads of Service. 2. By Agreement of January 27, 2016, of the Council of Government**. The staff will be entitled annually to the days of vacation legally established or, in addition, to those proportionally corresponding to them if the period of service during the year is less.** Depending on their seniority, the staff will be entitled to enjoy additional days of vacation, until reaching the maximum annual number of working days of vacation detailed below: * Fifteen years of service: Twenty-three working days. * Twenty years of service: Twenty-four working days. * Twenty-five years of service: Twenty-five working days. * Thirty years of service: Twenty-six working days. This right will be effective from the month in which the corresponding seniority is reached. **Matters related to personal issues**. * The staff will be entitled to enjoy two additional days of leave for personal matters on meeting the sixth three-year period, such being increased by one additional day by each three-year period met after the eighth. For the purposes of this clause, Saturdays will not be considered as working days, without prejudice to the adaptations established for special workdays. Those who have not completed a year of effective service will be entitled to enjoy a number of days, rounding up the fraction below one day, corresponding to the period of service they are expected to provide during the calendar year, without prejudice to the settlement that may be due in the event of leaving before the expected date. When the period of vacation previously set or authorized, and whose enjoyment has not yet commenced, may coincide with a period of temporary incapacity, risk during the periods of lactation, risk during pregnancy or with the periods of maternity, adoption, fostering, paternity or accumulated lactation leave, it may be enjoyed on a different date. **When situations or permissions indicated in the previous paragraph prevent the enjoyment of holidays within the calendar year to which they correspond, the same may be enjoyed in the following year.** * In the case of temporary incapacity, the vacation period may be enjoyed once such incapacity has ended and provided that no more than eighteen months have elapsed since the end of the year in which it originated. * If, during the enjoyment of the authorized vacation period, maternity, adoption, fostering, paternity or a temporary incapacity situation arises, the vacation period will be interrupted so that the remaining time may be enjoyed in a different period. In the case that the duration of the aforementioned permissions or of such situation prevents the enjoyment of holidays within the natural calendar year to which they correspond, they may be enjoyed in the following natural calendar year. * When the causes referred to in the previous two paragraphs occur, the enjoyment of the vacations pending from the previous natural year will take place immediately upon reincorporation, so that it can be enjoyed uninterruptedly, except when service needs are duly credited. **Vacations of Public Officials** 1. Public officials will be entitled to enjoy, during each natural year, paid vacations of twenty-two working days or the number of days that correspond proportionally if the period of service during the year was shorter. For the purposes of the provisions of this article, Saturdays will not be considered as working days, without prejudice to the adaptations that are established for special schedules). 2. When the situations of maternity leave, temporary incapacity, risk during lactation or risk during pregnancy prevent the commencement of the enjoyment of vacation within the calendar year to which they correspond, or once the vacation period has commenced, one of these situations arises, the vacation period may be enjoyed even though the calendar year to which they correspond has ended and provided that no more than eighteen months have elapsed since the end of the year in which they originated. * However, those who leave public service before having enjoyed their vacations, will receive, in cash, the remuneration of the days that proportionally correspond to them. **Vacation Schedule** 1. The vacation schedule will be subject, in all cases, to the needs of the service. In order to proceed with the drafting and publication of the same, the staff will specify before the 1st of April of each year the request of the period or periods they wish to enjoy during the year, so that, once it has been drafted, the said vacation schedule can be published. 2. Once the vacation schedule has been approved, if, for duly motivated needs of the service, and with a three-month advance notice of the expected date for its enjoyment, the authorized period of vacation is changed, the right to the payment of expenses incurred as a result of such change will be granted, subject to the presentation of the supporting documentation in this regard. 3. When the convenience of the service advises closing the center, this will be done, preferably, between the 1st of June and the 30th of September. 4. In those centers in which the nature of the service requires setting up a vacation schedule that includes some of the enjoyment outside the months between June and September, it is guaranteed to the staff that, on a rotating basis and with a periodicity of two years, they can enjoy the vacation period in any of these months. **Leave** 1. The staff in the service of the Principality of Asturias Administration will be entitled to paid leave for the leave established in Article 48 of Act 7/2007, of April 12, on the Basic Statute of Public Employees. * **Article 48 - Leave for public officials** **Public officials will be entitled to the following leave** a) **Due to serious accidents or illness, hospitalization or surgical intervention without hospitalization requiring home rest of the spouse, de facto partner or relatives up to the first degree of consanguinity or affinity, as well as any other person different from the above who lives with the official in the same home and who requires effective care from them, five working day** * When the situation is that of serious accidents or illness, hospitalization or surgical intervention without hospitalization requiring home rest, of a family member within the second degree of consanguinity or affinity, the leave will be for four working days. **When the situation is that of the death of the spouse, de facto partner or family member within the first degree of consanguinity or affinity, three working days when the event occurs in the same locality, and five working days when it occurs in a different locality.** **In the case of the death of a family member within the second degree of consanguinity or affinity, the leave will be for two working days when the event occurs in the same locality and four days when it occurs in a different locality.** b) **For a change of domicile without a change of residence, one day.** c) **To carry out trade union duties or representation of the staff, in the terms to be determined.** d) **To attend final exams and other definitive aptitude tests, during the days of their celebration.** e) **For the time indispensable for carrying out prenatal examinations and techniques of preparation for childbirth for pregnant officials and, in cases of adoption or fostering, or for the protection with the purpose of adoption, of the preparatory information and training sessions and for the performance of the required psychological and social reports prior to the declaration of suitability, which must be carried out within the working day. ** "For the purposes of this section, the term "pregnant officials" also includes "trans-pregnant officials". f) **Due to breastfeeding of a child under twelve months of age, they shall be entitled to one hour away from work which they may divide into two portions. This right may be replaced by a reduction of the normal workday by half an hour at the beginning and end of the workday, or by one hour at the beginning or end of the workday, for the same purpose. The leave contemplated in this section constitutes an individual right of officials without being able to transfer its exercise to the other parent, adopter, guardian or foster parent.** * It is possible to request the substitution of the lactation time for a paid leave accumulating the corresponding time in full working days. This type of leave may only be enjoyed after the end of the leave for birth, adoption, guardianship, fostering (ON THE PART OF THE BIOLOGICAL MOTHER) or the parent other than the biological mother, or once, since the birth of the child, a period of time equivalent to that of the above permissions has elapsed. * This leave will be increased proportionally in cases of childbirth, adoption, guardianship for adoption or multiple fostering purposes. g) **Due to the birth of premature children or who, for any other reason, must remain hospitalized after childbirth, the official or official will be entitled to be absent from work for a maximum of two hours per day, receiving the full remuneration. ** * They will also have the right to reduce their workday by up to two hours, with the corresponding proportional reduction of their remuneration. h) **Due to legal custody, when the official has the direct care of a minor under twelve years, of an elderly person who requires special care, or of a person with a disability who does not perform a paid activity, they will be entitled to a reduction of their workday, with the reduction of their remuneration that corresponds.** * The same right will be granted to the official who is required to care for a family member up to the second degree of consanguinity or affinity, who, for reasons of age, accident or illness, cannot take care of themselves and who do not perform a paid activity. i) **Due to the need to attend to the care of a first-degree relative, the official will be entitled to request a reduction of up to fifty percent of the working day, with a paid character until the second grade of consanguinity or affinity. ** Due to a serious illness of this relative and for a maximum period of one month. * If there were more than one holder of this right for the same causal event, the time of enjoyment of this reduction may be prorated between them, respecting in all cases, the maximum period of one month. j) **Due to time indispensable for the fulfillment of a non-excusable duty of public or personal nature, and for duties related to the conciliation of work and family life** k) **Due to marriage or registration or constitution formalized by public deed of de facto partnership, fifteen days.** l) **Due to the time indispensable for carrying out the preparatory acts for the donation of organs or tissues whenever they must take place within the workday.**