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Public Administration and Public Employment Disability


public institutions including public administrations are composed of different groups of people working in them:

• Some of these people were elected directly or indirectly by citizens or appointed by organs of democratic representation (for example, deputies, members of the TC ...). Play a temporary position, its continuity depends on the person who appointed them to continue to maintain confidence. Other preson
• part of any administrative body, in most cases collegial and consultative. His appointment and continuity depends on trust that they deposit the representative organizations of interest (employers, unions, NGOs) or an election in a restricted area (parents of students in a school forming part of the council). Generally no fixed salary.
• There are people who work with the Administration as volunteers or donors.

However, the majority of staff working in the service of institutions of government so in the exercise of their profession or trade, as employees through appropriate compensation. This group makes up what has been called public employment.

There public employees who are tied to the Administration through a contract of employment, as they could be with a private company, governed their employment or professional relationships for the D ° of work. This group is expanding and there is talk of a process of public employment labourization.
Yet most public employees in the Administration admitted by appointment by competent authority and after passing a test basis, governed their relationship with the administration by a special administrative law, these employees are called officials .
The legal function pública se caracteriza porque las condiciones de empleo no se establecen en un contrato o convenio, sino que se determinan por leyes, reglamentos, que los poderes públicos aprueban o modifican unilateralmente, se trata por tanto de una relación estatutaria, no contractual. Aunque hay que reconocer que gana terreno una pseudo negociación colectiva entre la Administración y los funcionarios públicos previa a la aprobación de normas se mantiene la diferencia entre personal funcionarial y laboral.

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permanent labor surplus labor

Aldous Huxley en su realista obra Un Mundo Feliz (One Brave World) distinguish between different types of people based on their ability to perform social tasks, they were all genetically predetermined and followed a hierarchy according to their abilities, all that seems far removed from reality is something that is expressed with remarkable realism in modern society these days, aside criticisms made I will then try X-rayed the legal framework of permanent disabilities in Spain.
The text of the General Law of Social Security in section 3 comes out the different types of disabilities that exist in our legal system.

situation is considered permanent disability a worker who, after having been prescribed treatment and having been medically discharged, anatomical or functional reductions submit final expected that diminish or nullify their ability to work.
The declaration of disability corresponds to the Provincial Directorate of National Institute of Social Security through called Disability Assessment Teams (EVI).
Disability grades are:

• permanent partial disability.

This failure is one that causes the worker does not decrease below 33% in normal performance his usual occupation, without preventing the realization of the fundamental tasks of the same.
The provision shall consist of a lump sum of 24 months of the base that served to determine the temporary disability benefits arising from such disability. It shall be compatible with any job or self-employed. Workers in permanent partial disability shall be entitled to resume his job.

• total permanent disability.

Disables the worker to perform all tasks or basic his usual occupation. the benefit shall be established a monthly pension of 55% of the base pension to be increased by 20% for those over 55 years, when his lack of general or specialized presumed difficulty of obtaining employment in activity than usual.

• permanent total disability.

completely disables the worker for any profession or trade.
is a pension whose amount will be 100% of the base, the perception of these disabilities do not preclude the exercise of those activities, whether profitable or not compatible with the disabled person's condition and do not represent change in your work.

• Major disability.

The worker has a permanent disability due to losses that anatomical or functional needs help from another person for the most common acts of daily living such as eating, footwear, clothing, make your needs ... The benefit shall be a pension whose amount will be 100% of the base, increasing by 50% to reward the person who serves the disabled.


This is the scenario that we are about permanent disabilities, the reality is very complicated as the evaluation by Evi at times does not suit the person involved, these assessments also time to be presented at trial did not achieve the result obtained by those interested in cases, as the judge's discretion is critical when to determine the disability pension (in the case of that given by the Administration does not seem enough.)
In reality we find shocking situations, of people working in the garden, carrying logging ... absolute with disabilities and others with back problems who find it hard to get out of bed with total disability, it is difficult to get in the situation of the patient to know what he feels, from theory to practice an abyss.
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Art. ET 46 of the workers is that regulates this matter.

The leave could be defined as the excused absence of the job for a long period of time and the suspension of remuneration. The contract is still alive and presumed good faith of both sides, we could say that the contract is as hibernating.

We can distinguish 3 types of leave:

1. forced.
2. voluntary.
3. for family reasons.

The active status is one which can accommodate people who hold public office but can go to work for a day 20% of a quarter, many politicians benefiting from this type of leave, the peculiarity of it is that there is d º subject to the job, is also computed as years-old and the person remains in the national social security network and treated at discharge (the employer is not quoted by him). The duration of it is as long as public office, once their presence at the head of public office has a month to return and it does not have d º to compensation.

The unpaid leave is requested by the worker, the minimum duration is 6 months and maximum of 5 years, must have at least 1 year old in the company and in case you have already applied for a leave wait 4 years to apply for another, in this case unlike the previous case there is no job reservation but preferential access, there is no computation of seniority. The

leave for family reasons have 2 possibilities: first, we can be in the course of caring for a child in the event that natural is requested during the first 3 years of the child's life and hard that same period time, if the child is adopted the right arises from the time of adoption and lasts 3 years (there is an inconsistency clear between the two cases), second leave of absence may be asked to care for a family to grade 2 in both inbreeding and affinity in this course only lasts 2 years and the reasons would be by age, accident or illness, in this type of leave for family reasons exist d º subject to the job, the years will count towards the old and the employer is listed as he were active during the first year.

Who says you can not live without working.

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Reality hiring patterns. Modalities

From Article 15 of the ET that says: "The employment contract may be concluded for an indefinite period or for a fixed period, we estimate that the legislature has chosen permanent contract and full time as the contract paradigm in the workplace.
The legislative intent is laudable but the social changes and the work conditions make it difficult the possibility of permanent contracts and full time are the daily bread in the workplace, it decisively influences the competitive environment for companies based on criteria of production and productivity always looking for economic gains and achieve the highest economic objectives as well as the increasingly frequent trend of employers to contract workers through temporary employment issue (ETT's) and the proliferation of foreign labor-sponsored the need to accept almost any type of contract that the employer has to offer.
With the promulgation of Royal Decree Law 8 / 1997 of May 16 for urgent measures to improve labor market and the promotion of permanent contracts (later became the Law 63/1997 of December 26, amended by Law 55 / 1999 of December 29) attempts to promote indefinite contracts in 4 years after the entry into force of this provision. Following promulgation of the RDL 5 / 2001 of March 2 of urgent measures of the labor market to increase employment and improve quality, which is the basis of the various employment schemes set up today. Print

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ET

Article 1.1 describes the purpose of the employment contract as one that is characterized by:

1. given voluntarily.
2. in exchange for payment.
3. on behalf of another.
4. within the organization and address of employer (natural or legal person).

There are several types of contract:

• According to its duration, may be (article 15 ET): Undefined
  
• .
  
• Term (temporary) .
• In his day, can take place (art. 12 ET):
  
• Full Time.
  
• Part Time.
• According to his cause, is characterized (ARTICLE 15 ET):
  
• Making project or service. Eventually
  
• .
  
• Of Temporary.

These contracts are unusual in that there is a cause for celebration, in the case of performing work or services that cause is the realization of a work or service has its own autonomy and substance and has a time limit (the contract ends when the work, ie when it is condition), if the contract Eventually the cause is the existence of a higher workload demands of the market, or excessive backlog of orders and in the case of temporary contracts are the cause of the need to replace workers with job reservation or during a recruitment process.
Such contracts must perform them as an appropriate way, but is respected written form requirement that employers send it to the Public Employment Service within 10 days after signing the contract the contract would become permanent.

• If they are learning, differentiation (ART 11 ET):
  
• in practice.
• to training.

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