Número 93: Derecho del Trabajo - Ministerio de Empleo y ...

R. YOLANDA QUINTANILLA NAVARRO
ble a unos y otros, y conocer en un solo Texto el régimen jurídico de cada figura o institución
que afecte a los empleados públicos. Solo de esta manera se pueden conocer los puntos
de conexión y los de divergencia de forma clara, y se puede luchar más por homogeneizar
sus situaciones. Se ganaría en seguridad jurídica y en claridad a la hora de hacer interpretaciones
de las normas, evitando tantas remisiones y plasmando la verdadera intención del
legislador.
ABSTRACT The list of rights mentioned is a combination of rights of different nature and with different
legal protection. They are organized randomly and they include generic or non-specific fundamental
rights (such as freedom of speech, right to privacy, right to non-discrimination,
and so on), other rights acknowledged to workers at large, such as the right to an effective
safety and health protection, and a third group of rights acknowledged just to public
employees, such as the right to legal protection and defence.
Within the third group of rights, i.e. those accorded to public employees, not all rights are
acknowledged, strictus sensi, to all public employees. For example, the right of irremovability
of civil servants, as established in the Basic Statute of Public Employees, article
14. a).
EBEP's article 14, letter q) states that public employees are also accorded "all other rights
acknowledged by the legal system". Thus, legislators clarify that the list included in article
14 of EBEP is not restrictive, and that it can and should be completed with other rights
which are established or developed by legal sectorial rules or legislation. This is the case
of contract personnel, who will enjoy rights accorded by labour legislation to all workers,
as well as those included in article 14 of EBEP, even though some of these rights will need
to be explained further.
EBEP's article 14 includes some new aspects. On the one hand, civil servants have the
right to contribute towards the achievement of their department's objectives ?EBEP, article
14. e)?. On the other hand, contract personnel have the right to legal defence with
regards to proceedings derived from the legitimate exercise of their functions or public
roles ?EBEP, article 14. f)?.
Most of the individual rights recognised by article 14 are partially developed within EBEP
text. However, the content of such legal regime is only partial and must be completed by
means of developing the Public Office Laws and their relevant regulations. This applies,
for instance, to remuneration rights (except remuneration of acting civil servants), which
will be applied once Public Office Laws are developed and come into force in accordance to
EBEP (final provision 4).
Furthermore, the list of rights could be expanded as a result of collective bargaining.
EBEP's article 14 is of a basic nature, meaning that one of its most important legal consequences
is that it provides fixed legal conditions, unalterable by collective bargaining
with regards to the rights accorded to civil servants.
EBEP is a new legislation that acknowledges principles and concepts which are trying to
serve as a meeting point for civil servants and contract personnel. However, legislators
try to govern many common contents specifically for civil servants, recognizing their
incompetence to do so as well as the legal vacuum until Public Office Laws developing
EBEP are passed.
However, EBEP legislators are more successful when they refer the legislation of content
specific to contract personnel, because they have legal regimes with which they can avoid
any legal gap.
In other words, EBEP is the result of a consolidated request for a joint and basic regime
applicable to both public employees and contract personnel. However, it becomes clear
throughout its articles that regimes to be applied are actually separated, that EBEP's legislators
have no legal competence to develop aspects related to civil servants, which therefore
remain unresolved, and that legislators also lack the necessary competence to legis-
REVISTA DEL MINISTERIO DE TRABAJO E INMIGRACIÓN 93
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