Preparation and management of temporary hiring lists

To date, temporary hiring has been governed by the Agreement of May 9, 2011. By Agreement of June 23, 2017, signed by the SATSE, SME and UGT unions, the need to negotiate a new Agreement implementing the single list system.

Likewise, the experience accumulated by the time elapsed, the implementation of new technologies and the need for their renewal to provide greater effectiveness, efficiency, agility and transparency to temporary hiring, make it necessary to review the preparation criteria and management of temporary recruitment lists in Osakidetza-Basque Health Service. For this reason, it has been negotiated within the sectoral health board through various meetings, having reached an agreement between the Administration and the SATSE and SME union representatives.

This regulation defines the criteria that will govern the system of hiring lists of non-permanent personnel in Osakidetza-Basque Health Service, its aim being to establish a system linked to the completion of each selection process of Public Offer of Employment , collecting the criteria for the preparation of the lists and the management of appointments, which will be governed by the principles of equality, merit, capacity, efficiency and agility in the selection process, as well as objectivity and transparency, including information to union organizations.

The text contained in this Agreement aims to promote stability in the provision of temporary services, within the temporality of the relationship itself; specify the justification for resignations from appointments and exclusions, in cases of unjustified resignations; as well as anticipate the peculiarities of the disciplinary regime of temporary personnel.

It should be noted as a novelty that the lists will be permanently open, establishing an agile system to be able to carry out effective incorporations of new applicants in the cases that it is expected that the available applicants will run out or it is considered convenient due to various circumstances, always with the desire to guarantee publicity and the principles of equality, merit and capacity.

It should be noted that the choice options of applicants have been expanded. Thus, in the list of long appointments in this Agreement, the Service Organizations (hereinafter OS) in which they wish to provide service may be chosen, unlike the Agreement that is repealed, which limited the choice to the Health Area, and in the list of appointments For short periods, it will be possible to choose between hospital and primary care, adapting the Agreement to the integration of both areas in the OS. Likewise, up to five preferences can be chosen between the hospital environment and the Primary Care Units (UAP).

In this new agreement, given the current context, the digitization of the process of preparation and management of the lists is promoted. In this sense, the management of appointments from lists of long appointments will be carried out primarily using the telematic means enabled by Osakidetza for this purpose, to make the system more efficient.

By virtue, prior to the appropriate deliberations, the Board of Directors of Osakidetza-Basque Health Service, in accordance with the provisions of articles 80.1 and 2 of Law 55/2003, of December 16, of the Framework Statute of the Statutory Health Services Personnel, in article 26 of Law 8/1997, of June 26, on Euskadi Health Organization and articles 31 and following of Royal Legislative Decree 5/2015, of October 30, approving the revised text of the Law on the Basic Statute of Public Employees, Osakidetza-Basque Health Service (hereinafter Osakidetza) and the union organizations SATSE and SME agree to sign the following Agreement, dated July 14, 2021, the full content of which is set forth next:

TITLE I

GENERAL PART

Article 1.- Purpose of the Agreement.

The purpose of this Agreement is, in compliance with the provisions of article 33 of Law 55/2003, of December 16, of the Framework Statute of health services statutory personnel, the regulation of the preparation of lists contracting and regulation of the process for the selection of temporary statutory personnel in the Service Organizations (hereinafter OS) of Osakidetza, following the principles of equality, merit, capacity and publicity, guaranteeing agility, objectivity, transparency and efficiency, and with the participation of trade unions.

Article 2.- Scope of application.

1.- This Agreement will be applicable to the selection of personnel and management of the contracting for the performance of jobs of a temporary nature in the OS of Osakidetza, in any of the linkage modalities included in the article 9 of Law 55/2003, of December 16, of the Framework Statute of the statutory personnel of the health services.

2.- Likewise, this regulation will be applicable to the selection of personnel who meet the requirements established in the applicable labor and social security regulations, who will be linked by virtue of the following labor employment relationship:

a) Relief contract for the replacement of workers receiving partial retirement.

b) Temporary employment contract for retirement at age 64.

Article 3.- General Principles and Criteria.

The selection of temporary personnel in Osakidetza will be governed by the following general principles and criteria:

1.- Equality, merit, capacity and publicity in the access to the condition of temporary personnel.

2.- Efficiency and agility in the selection process.

3.- Objectivity and transparency.

4.- Application of corporate criteria for temporary hiring for all OSs in Osakidetza.

5.- Planning of the needs of human resources and coordination, collaboration and complementarity in all the actions that the OS can carry out in order to respond to their needs for temporary personnel coverage.

6.- Respect in the management of temporary contracts for the regulations established in the Autonomous Community of the Basque Country regarding people with disabilities.

7.- Use of a common computer support for all the OS, created and technically managed by the Osakidetza Human Resources Department.

TITLE II

COMMON ELEMENTS OF THE PREPARATION AND MANAGEMENT OF TEMPORARY APPOINTMENTS

CHAPTER I

MANAGEMENT BODIES

Article 4.- Corporate Temporary Personnel Recruitment Service.

The Osakidetza Corporate Temporary Personnel Recruitment Service is integrated into the Selection and Provision Sub-Directorate, dependent on the Human Resources Directorate of the Public Entity, with the following functions, among others:

a) The general organization and permanent updating of the Osakidetza Temporary Personnel Selection System, proposing to the Osakidetza Human Resources Department the modifications it deems necessary in this area, for subsequent negotiation at the Health Sector Board, in your case.

b) Unify the criteria for action and interpretation for its application by the Management Units of the temporary hiring of personnel of the different OS.

c) Establish the general criteria for offers to hire positions with specific characteristics.

Article 5.- OS temporary staff recruitment service.

In each OS, a specific Administrative Unit will be assigned the management of the temporary hiring of its personnel, its functions being, among others, the following:

a) Carry out the management of the temporary contracting of its own OS in accordance with the criteria of distribution of responsibilities consigned in this regard in this Agreement.

b) Preparation of a monthly report in editable format on the appointments of temporary statutory personnel made during that period, which will include: surname and first name; functional category/position; organizational unit, type of appointment and, where appropriate, reason for replacement; start and end date of the appointment, when determined; mandatory date, location code and percentage of working hours. Said report will be sent to the corresponding union representations.

Article 6.- Corporate Commission for the control and monitoring of the Agreement.

1.- It will have a joint character and will be made up of the people designated by Osakidetza and by the people designated by each of the trade union organizations that sign this Agreement and are represented on the Health Sector Board. It will have its headquarters at the Osakidetza Central Services and will be chaired by the person in charge of the Human Resources Department.

2.- The functions of this Commission will be the following:

a) Surveillance, control and monitoring of the correct application of what is contained in this Agreement.

b) Interpretation at the corporate level of the content of the Agreement, in order to avoid or resolve incidents or contradictions that derive from it, establishing coordinated criteria.

c) Propose to the Human Resources Department any amendments to the Agreement that it deems necessary or convenient for negotiation at the Health Sector Committee.

3.- The Corporate Commission for Monitoring the Agreement must be endowed, immediately after its constitution, with the corresponding operating regulations.

CHAPTER II

DEVELOPMENT OF THE LISTS

Article 7.- Constitution of the Temporary Hiring Lists.

1.- The Osakidetza temporary hiring lists will be made up of people who, having taken part in the respective selection process of the last Public Employment Offer, have not accessed the status of permanent statutory personnel and have submitted registration for integration into the aforementioned lists in the manner and term established in article 8.1. Personal communication will be sent to these people about the form and deadline for submitting the application for registration on the temporary hiring lists.

2.- The temporary hiring lists will also be made up of the people who are not included in the previous section and have registered for their integration in the aforementioned lists in the manner and term established in article 8.1.

3.- The effective integration into said hiring lists of the people indicated in the two previous sections will be subject to compliance with the requirements demanded for the performance of the corresponding functional categories/positions of Osakidetza, in accordance with article 9 of this Agreement.

4.- The temporary hiring lists, once constituted, will remain permanently open, being able to register applications at any time. Registration requests will be ordered by your presentation date.

5.- However, the integration of new registrations to the current lists already constituted will be carried out including the applications that have been submitted up to a date (cut-off date), which will be established for each category/functional position by Resolution of the Human Resources Department.

6.- The cut-off date that will be used for the integration of the new registrations to the lists already constituted for each functional category/position will be announced sufficiently in advance of the effective incorporation of the new registrations through its publication on the page Osakidetza's temporary recruitment website, informing the Corporate Commission for the control and monitoring of the Agreement. In any case, it will be carried out twice a year, coinciding with the updates, in the functional categories/positions corresponding to the Medical Physician personal professional group, as well as in FE Technical Clinical Psychology, FE Hospital Pharmacy Technical, Nursing, their Specialties and Physiotherapist personnel.

7.- In any case, the effective integration in said contracting lists will be subject to compliance with the requirements demanded for the performance of the corresponding functional categories/positions of Osakidetza.

8.- The integration of new registrations in the already constituted lists of those functional categories/positions will be considered necessary when calls begin to be made regularly in any OS to applicants who are in the section corresponding to the last fifth part of the lists, to prevent as far as possible the exhaustion of the lists.

9.- There being no applicants available on the current lists and until the effective integration of new incorporations is produced, it may be used, exceptionally, to cover urgent and urgent needs, to the applications ordered by their date of presentation. In the case of applications submitted on the same day, the criterion of older age will be applied. All of this, with the exception of the situation regulated in the sixth additional provision, relating to the integration into the hiring lists of professional health personnel who have completed their specialized training.

10.- If it is necessary to make appointments in categories and functional positions not contemplated in the existing lists, prior call, the corresponding hiring lists may be constituted in accordance with the criteria provided in this Agreement.

11.- Both the people who initially constitute the lists, as well as those who are integrated later, may claim to have recognized the condition of disability in a degree equal to or greater than 33%.

12.- The aforementioned condition will be accredited by means of a certified photocopy of the disability recognition resolution issued by the competent body of the Administration (competent Department of Provincial Councils, IMSERSO, or equivalent according to current legislation). In the case of having the condition of intellectual disability recognized, the aforementioned condition will be accredited by means of a certified photocopy of the resolution of recognition of intellectual disability issued by the competent body of the Administration (competent Department of the Provincial Councils, IMSERSO, or equivalent according to legislation current).

Article 8.- Application for registration in the temporary hiring lists.

1.- In accordance with the provisions of article 7.1, applicants who, having taken part in the respective selection process of the last Public Employment Offer, have not accessed the status of permanent statutory personnel, may submit an application of registration in the temporary hiring lists, within the term and in the manner established in the Resolution of the Human Resources Department regarding the constitution of lists.

In accordance with the provisions of article 7.2, applicants who have not taken part in the respective selection process of the last Public Offer of Employment, may submit an application for registration in the temporary recruitment lists, within the term and in the manner established in the Resolution of the Human Resources Department regarding the constitution of lists.

Those who submit an application within the term established in the Constitution Resolution will be integrated into the lists, provided they meet the requirements for the performance of the corresponding functional categories/positions at Osakidetza.

2.- In accordance with the provisions of article 7.4 of this Agreement, after the constitution of the lists, the people who meet the requirements for the performance of the corresponding functional categories/positions of Osakidetza may request, at any moment, their registration in the lists of temporary contracts already constituted. However, the integration of new registrations to the lists already constituted in force will be carried out including the applications that have been submitted up to the cut-off date established by Resolution of the Human Resources Department, with the exception of the additions provided for in the last paragraph of the article 7.6 that will be carried out with the applications submitted until June 30 and December 31.

3.- In any case, the effective integration in the recruitment lists will be subject to compliance with the requirements established in article 9, including the obligation to prove the corresponding degree, in accordance with the provisions of article 10 of this Agreement.

4.- The registration will be made through the Osakidetza temporary recruitment web page, through the corresponding electronic registration form in which the application for the different functional categories/positions and the completion of the Curriculum vitae will be recorded. with the valuable data in temporary contracting that the person alleges.

Said web page will be considered the means of publication or notification of any acts of multiple recipients that are issued in relation to the temporary hiring lists. Likewise, it will serve to participate in appointment offers and publicize actions and decisions derived from them.

The address, telephone number and email address that appear in the application will be considered valid for notification purposes. The erroneous consignment of any of the data included in the application and the updating of any change in them will be the sole responsibility of the applicant.

5.- The personal data (address, telephone, etc.) may be modified by the applicant at any time, accessing the web page indicated in the previous point. Said modification will be made by electronic format, being the change effective from the fifth calendar day to the modification.

6.- Processing of personal data.

Personal data will be processed by Osakidetza-Basque Health Service. The purpose of the treatment Selection and Provision of Jobs is the management of the selection and provision of jobs, in accordance with the fulfillment of a mission carried out in the public interest or in the exercise of public powers conferred on the person responsible for the treatment.

The data may be transferred to those administrations in whose records the alleged requirements and merits can be contrasted and provided by each applicant to verify the accuracy of the alleged data. Likewise, the possible transfer of data to other Public Administrations that request it in their personnel processes is reported, with the sole purpose of being able to make job offers, provided that the applicant has authorized the transfer of data. your data. The effective response to said request will be subject to the existence of personnel available in the exchanges and to the forecast of Osakidetza's coverage needs.

The interested party has the right to access, rectify, delete their data and limit or oppose their treatment. You can get more information on data protection at the following web address:

http://www.osakidetza.euskadi.eus/protecciondatos or http://www.osakidetza.euskadi.eus/datuenbabesa/

Article 9.- Requirements of applicants.

1.- For the effective integration in the lists that are regulated here, the applicants must meet the requirements established in the general bases that must govern the selection processes for the acquisition of the fixed statutory bond in Osakidetza, as well as the of the specific bases of the call for each category/functional position and the qualification requirements included in Decree 186/2005, of July 19, which regulates the functional positions of the Public Entity of Private Law Osakidetza-Basque Service of health, in addition to compliance with the applicable legal system.

At the time of formalizing an appointment to a functional category/position for which membership is mandatory, the successful bidders will have to justify such membership, as well as accredit the licenses and accreditations that are requirements to provide services in certain scopes.

2.- The people on the temporary hiring lists must meet the necessary aptitude at the time of hiring and maintain the validity of the same, both during the hiring period and during the entire validity of the hiring lists. hiring. In any case, the certificates issued by the Osakidetza Prevention Service may reflect the period, categories and circumstances inherent to the position in which it is considered that the person does not have the necessary aptitude.

3.- For the accreditation of said aptitude, they must carry out a health examination in the Basic Unit of Prevention of the OS where they are hired, when it is the first hiring in Osakidetza, as well as when that person does not have certificate of aptitude or it is not current.

4.- If the aptitude assessment commission, after prior communication from the Basic Prevention Unit, considers that a person on the list has a temporary or permanent lack of aptitude, they will be excluded from the temporary hiring lists temporarily or permanently, being previously informed of the conclusions of the Commission.

5.- The person who is part of the lists who refuses to assess the aptitude to perform the functions of the position in the case of the situations described in point 3, as well as who lacks the veracity in the information related to his aptitude, provided that said information is decisive for the assessment of the same.

Article 10.- Documentation to be provided by the applicants.

1.- The people that make up the hiring lists must prove the requirements indicated in article 9, including the degree required in the respective professional category or functional position for access to it with the status of permanent statutory personnel .

2.- They must not provide supporting documentation of being in possession of said degree if it is already registered and validated in the Curriculum Vitae application.

3.- Likewise, you must not provide documentation regarding the professional experience acquired in Osakidetza or the linguistic profile that is already duly registered and validated in the Curriculum Vitae.

4.- The documentation intended to accredit professional experience or any level of linguistic training in Basque that is not registered or validated in the Curriculum Vitae may be presented at any time, or considers that it must be corrected, and the Management Unit must of the temporary hiring of the corresponding OS, proceed to the inclusion and validation of the documentation provided.

The evaluation and grading of said documentation will be carried out: in the phase of constitution of the lists; when updating the lists for the personnel already a member of them; and when the integration is carried out for the new incorporations, in the latter case having as reference the last update date applied to the people already members. The results of the evaluation will be applied when the respective resolutions that put an end to these phases are published.

Regardless of the fact that the score is not modified until the respective resolutions are published, the presentation of any level of linguistic training will serve to have said requirement accredited, in order to be able to opt from the moment of accreditation for appointments in where a certain level of language skills is a requirement.

5.- When there are indications of falsification in the supporting documentation of the alleged requirements and merits provided, Osakidetza will act in accordance with the Penal Code, leaving the applicant provisionally excluded from all temporary hiring lists in which they have presented inscription.

The falsification of the documentation provided justifying the alleged requirements or merits will imply the exclusion of the applicant from the Osakidetza Temporary Statutory Personnel Selection System, reserving the Administration the exercise of legal actions that may take place in law before such facts.

Article 11.- Modalities of lists and their entry into force.

1.- The Osakidetza temporary hiring lists will be made up of lists of vacancies and substitutions and eventualities lasting greater than or equal to six months (hereinafter list of long-term appointments) and lists of substitutions and eventual appointments of less than six months (hereinafter short appointments list), long appointments Area lists, short appointments Area lists and specific lists.

2.- The lists of long appointments, the lists of short appointments, the lists of the Area of ​​long appointments, the lists of the Area of ​​short appointments and the list of those who have registered and are pending integration will be published in the Osakidetza temporary hiring web page on temporary hiring management. The specific lists of each OS, as well as the updates that take place, will be published on the web page of each OS on temporary recruitment management.

3.- Each list will enter into force the day after the publication of the definitive lists on the Osakidetza temporary hiring web page on temporary hiring management.

4.- Osakidetza's temporary appointment offers will be offered and assigned in descending order of the score contemplated in the corresponding recruitment lists.

Article 12.- Regulation of the lists corresponding to the categories and specialties that have not been the object of the call in the last OPE.

The lists corresponding to functional categories/positions that have not been called for in the last OPE will be scaled with the criteria of this Agreement, with the possibility of being modified by means of the corresponding update of professional experience and knowledge of Basque, arranging in a list by order of punctuation. The possibility of integrating new registrations regulated in articles 7.3 and 8.2 of this Agreement will be applied, along with all other related regulations. The merits of the new members of the lists will be assessed using the dates applicable to those already registered, ordering the list in order of score.

Article 13.- Lists of vacancies and substitutions and eventualities of duration greater than or equal to six months (Lists of long appointments).

1.- The list of vacancies and substitutions and eventualities of duration greater than or equal to six months (Lists of long appointments) will be unique for each category/functional position and will be made up of those people who have submitted an application for registration in the temporary hiring lists in accordance with the provisions of articles 7.1, 7.2 and 8.1 of the Agreement.

2.- Both the people who initially make up the recruitment list and those who join later, may choose the OS in which they wish to provide services. In the case of OS whose geographical scope is the autonomous community, one or more of the territorial headquarters may be chosen.

3.- In the event that they do not carry out said choice of OS, it will be understood that there is availability on their part to accept appointments in any OS.

4.- The choice of OS may be modified at any time and will take effect with the publication of the update of the lists, provided for in article 21.

However, due to a change of address to a different Health Area, inclusion in one or more OSs of said Area may be requested, prior accreditation of the registration certificate, which will take effect three business days after entry. the certificate in the General Directorate.

5.- The list of long-term appointments will be managed exclusively by the Corporate Temporary Personnel Recruitment Service.

Article 14.- Area List of long appointments.

1.- In order to guarantee the continuity of care in the event that the list of long appointments of an OS has been exhausted, a list of temporary contracts will be created for the different functional categories/positions in each Health Area coinciding with the Areas of Álava, Bizkaia and Gipuzkoa and will be managed by the Corporate Temporary Personnel Recruitment Service.

2.- Both the people who initially make up the recruitment list and those who join later, must choose at least one Health Area. In the event that they do not carry out such an Area election, it will be understood that there is availability on their part to accept appointments in the Area in which the SO that they have chosen from the list of long appointments is located.

3.- In the event that the list of long-term appointments of an OS is exhausted, in order to guarantee continuity of care, the corresponding Area list of long-term appointments will be used to offer the appointments of the OS whose list is exhausted. Rejection of offers from the Area list will lead to exclusion from the lists of long appointments in which you have registered and in the list of Area long appointments in which you made the registration, in accordance with the provisions of article 41. of the Agreement.

Article 15.- List of substitutions and temporary appointments of less than six months (Lists of short appointments).

1.- Each person may request their inclusion in two Service Organizations.

2.- In the case of choosing one or two Service Organizations, in each OS it will be possible to:

a) Choose all OS.

b) Choose by settings (primary care setting or hospital setting).

c) Up to five preferences may be chosen: between the hospital setting and the Primary Care Units (UAP).

3.- In the case of the Mental Health Organization of Bizkaia, all or only one of the four regions of the community area into which it is subdivided may be chosen: Interior Region, Bilbao Region, Ezkerraldea Region and Uribe Region.

4.- The list of short appointments will be managed by the corresponding OS, with the exception of the hiring of Medical Facultative personnel that is not in the field of Primary Care, whose management will correspond to the Corporate Temporary Personnel Recruitment Service.

5.- In the event that the interested party does not select the service organizations and centers in which they wish to provide services, it will be understood that they do not wish to be part of the short-term appointment lists. In the event that the selection of the service organizations and centers in which you wish to provide services is subsequently made, it will be integrated into the lists in the next update of the lists.

6.- Due to a change of domicile to a different Area, you may request inclusion in one or two OSs of the Area in which you are registered, with the necessary exclusion of one or two OSs previously chosen, prior accreditation of your change of address by presenting the corresponding registration certificate.

7.- To the people registered in the list of short appointments who, at the time of the entry into force of the new lists, are working in Osakidetza for any type of appointment of the same category/functional position derived from the previous ones lists, they will not be considered available in the new lists of short appointments, so they will not be offered appointments from those lists, until the end of that appointment.

Article 16.- List of Short Appointments Area.

1.- A list of temporary contracts will be created for the different functional categories/positions in each Health Area, coinciding with the Areas of Álava, Bizkaia and Gipuzkoa.

2.- Said list will be made up of those who have chosen from the short appointment lists at least one of the OS located in said Area and will be managed by the Temporary Personnel Recruitment Service of each OS.

3.- In the event that the list of short appointments of the OS is exhausted, the corresponding Area list will be used to offer the appointments of said organization. In these cases, the rejection of the offers from the Area list will not lead to exclusion from the lists of short appointments nor will it be necessary to justify it, although the management carried out will be reflected in the corresponding information system.

Article 17.- Specific Lists.

Depending on the activities of certain units and services, service organizations require that newly recruited professionals for short appointments need the knowledge and/or skills necessary to guarantee a safe and quality practice in those units.

This need materializes for the coverage of short absences of personnel that do not allow, due to their immediacy, the adoption of organizational measures to adapt the organization of the units/services to the absences of personnel produced.

In order to respond to these needs, Specific Hiring Lists may be created under the conditions provided in this agreement, its objective being to have trained personnel to meet these needs in these units/services.

Specific recruitment lists may be established in the categories and areas provided for in Annex I, within a period of three months from the initial publication of the final lists of short appointments.

The creation and deletion of specific lists will require the approval of the Directorate upon request from the OS to the Osakidetza Directorate accompanied by a justifying report, which will be evaluated by the Health Care Directorate and the Human Resources Directorate, and will be It will be presented for negotiation at the Health Sector Board, with the prior consensus of the Control and Monitoring Commission.

Registration on the specific lists of short appointments will be voluntary and each person, in general, may register on those specific lists for which they meet the requirements.

Only the persons belonging to the short appointment lists of the OS in question may appear on the specific lists.

Once the specific lists have been exhausted and as long as there are no new additions to them in accordance with the requirements expressed herein, the list of short appointments of the OS will be used.

Access to the specific lists will be produced by people who prove any of the following conditions:

- Those who have a specialist title, in the event that the specialty exists or has existed.

- For having training or professional experience:

1.- Certification of professional experience of at least three months in the last four years with a positive aptitude rating.

2.- For having passed the training provided by the Osakidetza service organizations.

3.- Accreditation of postgraduate training, with a minimum of 250 theoretical-practical hours, with professional practices in health organizations of the National Health System.

All of the above will require the corresponding documentary accreditation.

The specific lists will be ordered according to the score of the short appointments list and will be managed by the Temporary Contract Management Unit of each OS.

The calls will be made following the order of scoring and those who make up the specific lists will have preferential rights over the hiring offers for short absences that are made for the development of functions in the units included in Annex I of this Agreement, Not being able to be attached to a unit other than the one corresponding to the specific list for which the appointment has been made.

The Service Organizations may offer, with a view to configuring their corresponding specific lists, the theoretical/practical training that is considered appropriate based on the needs that are specified, and the contents of the training must be homogeneous for all the YOU.

This specific training offer will be subject to coordination and collaboration criteria between all the OSs. For these purposes, training programs will be drawn up indicating content and duration. The training offer must respect the order of the list. It will be accredited by certification issued for this purpose, valid in the whole of Osakidetza. The training offer that is finally made, with identification of the people trained and its duration, will be sent to the Personnel Representation of each OS.

The training will be offered in order of priority from the list of short appointments of the OS and will be voluntary on the part of the applicant. The people who carry out the training will necessarily be included in the specific list for which they have been trained.

No training will be offered on other lists to people who are already registered on any of the existing ones.

In the event that any of the people on the list receive a training offer and cannot accept it for justified reasons, their place on the list will be respected and said offer will be made to them in the next scheduled training shift carry out.

Likewise, the training may be offered to people who are already working at Osakidetza-Basque Health Service, as long as it is compatible with the development of their working day.

In any case, the training provided by the Osakidetza service organizations required to be part of the specific lists will have an expiration period of four years.

The specific lists will be updated with the same periodicity as the lists of short appointments of their category/functional position of the OS.

Article 18.- Modality of availability to make appointments.

1.- The people who make up the temporary hiring lists may determine their availability to make appointments based on the following types of working hours:

a) Any type of day.

b) Full-time only.

c) Only reductions in working hours.

2.- It will be possible to change the type of working day through the Osakidetza temporary hiring website, through which temporary hiring is managed. This change of choice of working day will only be possible once three months have elapsed since the person concerned made the last choice of availability of working hours.

3.- A current appointment to reduce working hours may be renounced in accordance with the provisions of article 32 of this Agreement.

4.- In the event that the interested party does not make use of the possibility of choosing the modality of day availability, it must be understood that they are only available for full-time appointments.

Article 19.- Ex officio exclusions.

You will not be able to register on the lists and the personnel who are in any of these cases will be automatically excluded:

a) To be assigned to Osakidetza as statutory personnel with proper appointment, as a career civil servant or as a permanent employee in the functional category/position for which they are applying.

b) To be permanent statutory personnel of the category/functional position to which the candidate is chosen and to be performing or have a reserved appointment in the Health Institutions of the Social Security or in the regional health services.

c) Be personnel in a situation other than that of assets from such Institutions or Services.

Article 20.- Priority order of all temporary hiring lists.

1.- The order of priority in the conformation of all temporary hiring lists, whether they are long or short appointments, will be derived from the sum of the points of the opposition phase of the last Job Offer Public (hereinafter OPE), experience and knowledge of Basque, according to the following criteria:

a) Opposition phase of the last OPE: maximum, 100 points.

To obtain the score corresponding to the opposition phase, the maximum score will be assigned to the applicant who has obtained the highest score in the last OPE of the category in question, applying to the rest of the applicants the proportional score according to to the stated criteria.

In those calls whose opposition phase consists of two eliminatory tests, the score to be assigned will be the result of the average of the sum of the points obtained in each of them.

In those cases in which the applicant has only completed the first exercise, the score will be half the score obtained in said exercise.

In order to obtain the score corresponding to the opposition phase, it is essential to prove compliance with the degree requirements on the date of submission of applications to that OPE.

b) Professional experience: maximum, 60 points.

The services provided until the last day of the deadline for submitting applications of the last OPE will be taken into account, in accordance with the criteria established in the bases of each call, including updating the professional experience provided in Osakidetza on the date of the December 31 of the year prior to the Resolution of the Human Resources Department regarding the constitution of the lists. In those categories in which the maximum score relative to professional experience was less than or greater than 60 points in the last OPE call, said score will be adjusted proportionally to the maximum score of 60 points.

Within the term established in the Resolution of the Human Resources Department regarding the constitution of lists, documentation accrediting professional experience not alleged in the last OPE may be presented or allegations may be presented to correct errors in the assessment of the professional experience from the last OPE, taking into account, in any case, the services provided up to the last day of the deadline for submitting applications from the last OPE.

c) Basque.

In application of the provisions contained in Decree 67/2003, of March 18, normalizing the use of Basque and prior provision of the appropriate documentation, the score in the equivalent Basque section will be assigned to each category and specialty to the percentage established in the aforementioned Decree.

This score will be awarded to the Basque degree that has been obtained and accredited up to the last day of registration in the hiring lists.

Persons registered in the recruitment lists may update the linguistic profile accredited in the recruitment lists in the manner provided in article 10.4 of this Agreement.

Regardless of the fact that the score is not modified until the indicated moment, the presentation of any level of linguistic training will serve to have said requirement accredited, to have the option, from the moment of accreditation and incorporation into the system, to appointments in where a level of language skills is a requirement.

2.- The cases of a tie on points will be resolved according to the criteria that for these cases are established in the calls of the last OPE.

3.- In the cases in which the corresponding functional category/position has not been convened in the last OPE carried out in general, the lists will be drawn up in accordance with the provisions of article 12 of this Agreement.

4.- Until the integration into the lists of applications that can be submitted permanently in accordance with the provisions of article 8.2 of this Agreement, the applications received throughout the year will be ordered by date of presentation. In the event that several applications are submitted on the same day, if it is necessary to go to them to cover an urgent and urgent need, the older criterion will be applied, with the exception of the provisions of the sixth additional provision.

Article 21.- Updating of temporary hiring lists.

1.- Once the recruitment lists have been created, the lists will be updated twice a year, including the linguistic profiles and Basque titles that have been provided (until June 30 or December 31, respectively) and validated, as well as the professional experience provided in Osakidetza and in the corresponding functional category/position of the recruitment lists.

2.- In the case of services provided in a category that has been subject to regulatory modification, services provided that have not been previously linked may be linked in accordance with the provisions of the general bases of the last job offer public.

Updating the lists of long appointments will include the change of choice of OS made since the constitution or last update.

CHAPTER III

MANAGEMENT OF THE COVERAGE OF TEMPORARY APPOINTMENTS

Article 22.- Types of Temporary Appointment Offers.

1.- For the purposes of temporary appointment offers in Osakidetza, all the possible modalities of temporary link to statutory positions as interim, substitute or temporary staff are grouped into two classes, that is, long-term appointments and short-term appointments duration. The appointments will conform to the provisions of the regulations governing the statutory personnel of the health services.

2.- Stability will be promoted in the provision of temporary services:

Thus, when a person has an interim appointment that, without a solution of continuity, happens to have a different cause that also requires an interim appointment, the latter will be assigned to the person who was making the initial temporary coverage.

The same procedure shall be followed in the case of a person who, having a replacement appointment, happens to have a different reason for the replacement appointment of the same person without interruption, in which case the person will continue to provide the service which was carrying out the initial temporary coverage.

The same procedure will be followed when a person has signed a replacement appointment, as long as they have been appointed by the lists of long-term appointments in the cases of section 4.b) of this article, and the replaced person loses the right to reserve the position for any reason, whether due to personal circumstances such as retirement, death, declaration of incapacity or others, or for being awarded another position after participating in a provision or selection process. In this case, the person who was providing the initial temporary coverage will continue to provide the service, through an interim appointment in an already vacant position, until the statutory coverage of the same by the provision and selection systems: it will be offered to definitive internal mobility; if it is not covered, the next cycle of the Open and Permanent Transfer Contest will be called; and, if it is not covered, it will be included in the next Public Employment Offer that is called.

The same will be done when a person has signed an interim appointment in a vacant position that is covered by regulatory procedure and the successful bidder or the successful bidder, after taking office, does not effectively join said position, either retaining the right to reserve for any of the reasons allowed by the regulations or, being active in the market, for the enjoyment of licenses or permits. In this case, the person who was carrying out the initial temporary coverage will continue to provide the service by means of an interim appointment against reservation or substitution, if they remain active in the position, as appropriate, until the effective incorporation of the person in charge.

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— Miku Cat 【More like HIATUS CAT】 Sat Mar 27 21:54:23 +0000 2021

Changes of appointments due to the circumstances described in the preceding paragraphs of this section, require compliance with the requirements for filling the position at the time the change must be made, both in degree and accreditation of language training with due date expired. Failure to comply with any of the requirements of the position will lead to the dismissal of temporary statutory personnel for non-compliance with them.

3.- If more than two temporary appointments are made to the same person or one appointment with its corresponding extensions for the provision of the same services, including stable and flexible appointments, for a cumulative period of 12 or more months in a period of two years, we will proceed to analyze whether the creation of a structural position in the center's staff is appropriate. If said position is indeed created, the latter will be assigned to the person who initially provided temporary coverage and will be offered for permanent internal mobility; if it is not covered, the next cycle of the Open and Permanent Transfer Contest will be called; and if it is not covered, it will be included in the next Public Employment Offer that is called. In the case of rejection of this assignment, in addition to the application of the corresponding exclusion in the list of long-term appointments, the eventual appointment will be terminated at the time of coverage from the list of long-term appointments of the aforementioned position.

4.- Long-term temporary appointments include the following assumptions:

a) Interim appointments defined in article 9.2 of Law 55/2003, when they are full-time.

b) Substitution appointments defined in article 9.4 of Law 55/2003, when they are full-time and provided that the absence of the person who holds the reservation of the places is equal to or greater than six months.

c) Eventual appointments, included in article 9.3 of Law 55/2003, when their duration is equal to or greater than six months, with the exception of those made for the provision of complementary services of a reduction of ordinary working hours.

d) Stable and flexible appointments.

e) Eventual part-time appointments with a percentage of working hours greater than 75% and whose duration is equal to or greater than six months, with the exception of those made for the provision of complementary services to a reduction in ordinary working hours .

f) The relief contracts for the replacement of those who take part in partial retirement and the interim employment contract for retirement at 64 years of age.

5.- Short-term temporary appointments include the following cases:

a) Replacement appointments defined in article 9.4 of Law 55/2003, not included in point 4.b) of this article.

b) Eventual appointments under article 9.3 of Law 55/2003, for less than six months.

c) Any modality of temporary part-time relationship, according to the provisions of article 60 of Law 55/2003, except as regulated in section 4.e) of this article.

Article 23.- Special situations for filling positions on long-term appointment lists.

1.- When the characteristics of the position to be filled so require, due to the need to carry out specific tasks or to be in possession of certain technical knowledge, which, although they correspond to the functions of a certain professional category or specialty, require of a certain experience or training, and it has not been able to be covered by the regulatory processes among the permanent staff, a selection process will be carried out among the people on the list of long-term appointments who have the appropriate technical knowledge for the performance of the tasks specific functions.

The need and determination of these specific requirements must be accredited by means of a Report prepared by the corresponding OS and must have the corresponding authorization.

In no case may the calls establish permanence criteria for applicants not selected for the position for future temporary selection needs, in such a way that for each need to cover a position of these characteristics, a new call must be made except in the case of resignation of the selected applicant in the month following the signing of their appointment, in which case the position would be offered to the following applicants who met the requirements, in the order established in the process.

2.- The selection among the people on the corresponding long-term appointments list will comply with the following protocol:

a) The call will be sent to the unions that are members of the sectoral table so that they can make allegations within five business days, if they consider it appropriate.

b) A response will be given to the allegations, if they were presented by the unions.

c) Once the previous procedure has been completed, an announcement will be published on the temporary recruitment website with the information of the call, which will specify the functional position, type of appointment, the destination organization and the experience and/or or specific technical knowledge required for coverage. The deadline for submitting applications will be 10 business days.

d) Once the deadline for submitting applications has ended, these will be scaled based on the experience and/or technical knowledge required, being proposed by the Assessment Commission that will have been constituted for this purpose by the convening OS, that person get the highest score.

e) The result of the selection process will be communicated to all the people who have participated in it and to the unions that are members of the sectoral table.

f) The formalization of the appointment of the person proposed by the Assessment Committee will be made by the OS in which the position covered is assigned.

3.- If the appointment of the selected person ends for any reason, the cause that motivated the call will be considered extinguished and in no case can this person be automatically selected for another appointment of these characteristics, requiring a new selection procedure .

Article 24.- Manner in which offers to cover appointments from the lists of long-term appointments are made.

1.- The management of the appointments of lists of long appointments will be carried out as a priority using the telematic means enabled by Osakidetza for this purpose.

However, the offer to cover appointments from the list of long-term appointments may be made by telephone and by email when there are circumstances (number of offers...etc.) that mean that management by this means is more agile than telematic management.

A new protocol will be established that will regulate the number, period and registration of calls or emails, in development of this Agreement.

The necessary adaptations for the management of coverage offers for people with hearing disabilities will be addressed.

2.- An announcement may be published on the Osakidetza temporary recruitment website addressed to all the people who are part of the list and corresponding Area, so that those people who are part of them, and thus They may wish to apply for coverage of the announced appointments.

The announced appointments will be ordered in a list assigning a number to each appointment.

3.- All the people on the corresponding recruitment list may choose the appointments in which they are interested in the offers made through telematic means, within the period established for this purpose, indicating in said election the order desired preference of the positions offered. The person who has chosen an offer in which she was interested and does not accept the appointment will be subject to the corresponding penalty in accordance with the provisions of article 41.

4.- Immediately after the expiration of said term, the contracting offers will be automatically assigned according to the scoring order assigned in the list of vacancies. The penalty will not be applied to those who, being available on the corresponding list, do not present an application for the coverage of the summoned position, without prejudice to the ex officio assignment regulated in the following point.

5.- Those offers for appointments that have not been selected by applicants or that have not been awarded to any person will be assigned ex officio, taking effect of said assignment according to the OS chosen or chosen by the member of the list, the order of publication of the posts, their order of priority on the list and their condition of availability to access long-term temporary appointments. The ex officio resignation, in the event that justification has not been alleged, will entail the corresponding penalty in accordance with the provisions of article 41.

In the ex officio assignment, the first of the offers will begin, according to the order in which the appointments were published, so that the first appointment that would have remained vacant would be awarded ex officio to the first available applicant on the list of long OS appointments. In the event that such list is exhausted, it would be awarded to the first available person on the Area Long Appointments list and so on until all appointments are awarded.

Article 25.- Manner in which offers to cover appointments from the lists of short appointments are made.

1.- Temporary hiring offers from the short appointment lists and specific lists will preferably be made by telephone by calling the applicant's telephone numbers that appear on the hiring list.

Telephone calls made for this reason will be recorded in the computer system, in order to record the offer made and the acceptance or waiver of it.

A new protocol will be established that will regulate the number, period and registration of calls, in development of this Agreement.

The necessary adaptations for the management of coverage offers for people with hearing disabilities will be addressed.

2.- Temporary appointment offers may be made electronically from the lists of short appointments for holiday periods, with application of the provisions of article 24.

Article 26.- Admission of voluntary resignations prior to the call or offer.

Prior to making an appointment offer, the resignation of one or more of the SOs on the list of long appointments may be requested.

In the list of short appointments, one of the chosen SOs may be resigned, prior to any appointment offer.

Article 27.- Waiver of temporary appointment offers.

1.- In general, appointment offers cannot be waived, unless otherwise regulated. However, said resignation may be accepted when, at the time the appointment offer is made, one of the following justifications is alleged and the documentation necessary to prove such causes is attached, within the period established in Article 37 of this Agreement:

a) When the applicant is in any of the cases to be declared in the situation of special services, included in the current legislation of Public Function, as well as in the current Agreement of working conditions for Osakidetza personnel at the time of the offer.

b) Due to having in force an appointment of a different category/functional position derived from the list of long appointments.

c) To be providing services in another health center of the National Health System, in another Public Administration or in centers arranged with the Department of Health of the Basque Government or attached to the Basque Public Health System by virtue of a singular relationship agreement.

d) Because the applicant is working in Osakidetza with an interim, eventual or substitution appointment, granted from the previous list of long-term appointments, cases in which the affected person will be justified in the current list of long-term appointments. Except as provided in article 22.3 of this Agreement.

In any case, this offer will be made only once from the new lists, once they are in force.

e) Because the applicant is working in Osakidetza with a replacement appointment without a solution of continuity granted from the list of short appointments, as long as said appointment has a duration equal to or greater than six months.

f) When, when making the hiring offer, the applicant is within the calendar days following the celebration of their marriage or the constitution as a common-law couple that are provided for in current legislation or the hiring begins in said period. Said assumptions must be accredited by presenting the certificate proving the celebration of the marriage or the registration in the corresponding Registry of Domestic Partnerships.

g) When the applicant is in a situation of Temporary Disability, in which case a new appointment will not be offered until the discharge is reliably notified, by providing the corresponding document to the corresponding OS.

h) When the applicant is in possession of a scholarship granted by an official body or carrying out official studies, related to the category/functional position of the list of which they are part. You will not be offered an appointment again until the end of the scholarship, official studies or course is reliably notified.

i) When the applicant is taking intensive Basque language courses or barnetegis in centers approved by HABE, not offering him an appointment again until the completion of the courses is reliably notified.

j) When the applicant is undergoing specialized training periods in health sciences; professional improvement courses or training for specific lists of Osakidetza; or postgraduate and/or master's degrees taught in official centers, equivalent to 25 or more credits, not being offered an appointment again until reliable notification of the completion of the training period, course, postgraduate or master's degree.

k) In cases of deprivation of liberty, as long as a final conviction does not fall, becoming available on the lists once they are released, as long as they communicate it within ten business days from the aforementioned recovery of freedom.

l) When the applicant, for reasons of legal guardianship, has a person with a physical, mental or sensory disability who does not perform a paid activity under their direct care, and they must provide the appropriate supporting documentation. This justification will have a minimum duration of one month, after which you can request the reactivation. This justification may not be claimed more than three times during the calendar year.

m) When the applicant needs to be in charge of the direct care of a relative or relatives up to the second degree of consanguinity or affinity or higher degree if stable cohabitation accredited by a certificate of registration, than for reasons of age (over 65 years). , accident or illness cannot fend for itself, and that does not carry out paid activity, having to provide the appropriate supporting documentation. This justification will have a minimum duration of one month, after which you can request the reactivation. This justification may not be claimed more than three times during the calendar year.

n) When the applicant, for reasons of legal guardianship, has under their direct care under 12 years of age, as well as when they are exercising the following rights to reconcile personal, family and work life, in the assumptions and duration established in current legislation: leave for any type of foster care and maternity or paternity leave. In the case of caring for children under 12 years of age, said justification will have a minimum duration of one month, after which you can request reactivation. This justification may not be claimed more than three times during the calendar year.

o) When the applicant is participating in missions of international organizations, NGOs of a health nature destined abroad, Governments or Foreign Public Entities or in International Cooperation Programs, as long as the aforementioned participation is reliably accredited.

p) When an appointment is offered by the list of short appointments, in addition to those indicated above, there will be five more causes for resignation:

a) To be working in any private company, upon presentation of the employment contract.

b) Have in effect an appointment derived from the list of long appointments.

c) Serious illness, hospitalization or death of relatives up to the second degree of consanguinity or affinity or greater degree if stable cohabitation accredited by a certificate of registration during the time established in the current legislation for leave for these reasons.

d) Offer an appointment whose start is scheduled in a period of less than 12 hours following the time of the call or 24 hours from the end of a previous appointment. In this case it will continue to be available.

e) The applicants registered in the lists of temporary hiring victims of gender violence may renounce any temporary relationship previously accepted or that has been made, as well as any offer of any temporary relationship without any exclusion being applied in the terms included in the Second Additional Provision.

Article 28.- Offers of appointment. Maternity or paternity leave or risk during pregnancy or breastfeeding.

To the applicants registered in the temporary hiring lists who are in a situation of availability and at the time of a temporary appointment they are enjoying maternity or paternity leave or for adoption or foster care or risk benefit during pregnancy or breastfeeding, said appointment will be offered to them. If it is accepted by the applicant, it will be guaranteed for the purposes of calculating the professional experience, but they may choose to continue enjoying said license until the end of the period legally stipulated for it, the effective incorporation being deferred to the day immediately following terminate the leave, provided that the reason for the appointment still remains.

Article 29.- Resignation of current appointments offered by the list of long-term appointments.

Personnel designated by the list of long appointments in a specific category or functional position may resign their appointment, without applying any exclusion, when they accept an appointment offered by the list of long appointments of another category or different functional position in the that is enrolled.

Article 30.- Waiver of relief contracts in force.

From two years after the formalization of a relief contract for the coverage of the working day of the worker or worker who has taken advantage of partial retirement, the contract may be renounced without any exclusion being applied in the lists of temporary hiring.

Article 31.- Resignation of current appointments offered by the list of short appointments.

Personnel designated by the list of short appointments in a specific professional category or functional position may resign their appointment, without applying any exclusion, when they are offered and accept an appointment granted by the List of long appointments.

Article 32.- Resignation of current reduced-time appointments.

Personnel who hold a current appointment of reduced working hours may resign without any exclusion once three months have elapsed since said appointment. This resignation will require that, prior to or simultaneously with it, you choose through the Osakidetza temporary hiring web application any of the working hours referred to in sections 1.a) and 1.b) of article 18 of this Agreement, if not One of the two modalities had already been chosen when the resignation took place.

The provisions of this article are not applicable to the relief contract for the coverage of the percentage of the working day of the worker or worker who has accepted partial retirement.

Article 33.- Resignation of appointments in force when another is offered in which it is requested to be in possession of a specialty.

1.- The person who is offered an appointment for which, within the category in question, it is a requirement to be in possession of a certain specialty qualification different from that required for the appointment he is performing , may resign from the current one without being excluded from the temporary recruitment lists, as long as they accept the offer of the new appointment with a specialty, remaining in a justified situation in the position they had been holding, and the applicant may be reactivated when finalize the alleged appointment for justification.

2.- If the offer for an appointment in which it is a requirement to be in possession of a certain specialty is rejected for being performing an appointment in which another specialty is a requirement, it will be justified, and may be reactivated when the alleged appointment ends for the justification.

3.- Anyone who proves the start of specialized health training in health sciences may also resign, without any exclusion.

Article 34.- Temporary resignations prior to any offer to take care of a daughter or son under 12 years of age; to care for a person with a physical, mental or sensory disability who does not perform paid activity; or to care for a family member, up to the second degree of consanguinity or affinity or greater if there is stable cohabitation accredited by a registration certificate who cannot fend for himself, due to age, accident or illness and does not carry out paid activity.

The staff member of the lists who take care of a daughter or son under 12 years of age or who are in charge of a person with a disability or family member up to the second degree of consanguinity or affinity, may previously renounce any contract offer. or a higher degree if stable cohabitation accredited by a registration certificate, that cannot fend for itself and does not carry out paid activity, provided that said resignation includes a minimum period of one month and is not carried out more than three times during the calendar year.

The resignation, which must be made in writing and must be accompanied by supporting documentation, will extend at your choice to all categories and lists of long-term appointments in which the person is registered or to all categories and lists of short-term appointments in which you are enrolled or both. In the case of caring for minors under 12 years of age, the resignation will comprise at most until the completion of said age and may be extended as long as the daughter or son has not reached 12 years of age.

Article 35.- Temporary waivers of any appointment offer from the list of short appointments.

1.- Any person on the short-term appointment lists may resign, prior to receiving any appointment offer from Osakidetza, for a maximum period of one month for each calendar year, as long as all of the following requirements are met:

a) The resignation must be made expressly through the temporary personnel hiring computer application and will be applied to all Short Appointment Lists in which the person is registered, recording the time at which makes the resignation and the period of the same.

b) The resignation will be effective from the day following the date of registration of the application.

c) It must be submitted prior to making an appointment offer, taking into account the time of registration of the request.

d) It will only affect the list of short appointments.

e) The resignation will be made only once a year and for a period not exceeding one month nor less than one week.

f) During the requested resignation period, a new reactivation on the list of short appointments may not be requested.

g) The reactivation will be automatic when the resignation period expires.

h) In general, it cannot be requested during the periods of Easter, Christmas and the holiday period, which includes the months of June, July, August and September.

Article 36.- Temporary resignations from appointments in force for participating in missions of international organizations, NGOs of a health nature with destination abroad, Governments or Foreign Public Entities or in International Cooperation Programs.

Personnel participating in missions from international organizations, health NGOs abroad, Governments or Foreign Public Entities or in International Cooperation Programs may resign from current appointments, without being excluded from the lists of temporary contracting, as long as the start of said participation is reliably accredited.

Article 37.- Way of justifying resignations to appointment offers.

Personnel who have been offered an appointment and do not wish to accept it must justify to the corresponding Corporate Service or Temporary Contract Management Unit their resignation from the offer that has been made, within fifteen calendar days from the day following the notification of said offer, documenting the concurrence of one of the causes of justification included in the previous articles of the Agreement.

For the purposes of calculating the period of fifteen calendar days, the notification will be understood to have been made from its entry in the computerized list management system when the offer is made by telephone. When said offer has been made electronically, the deadline to justify it will be expressly indicated on the Osakidetza temporary recruitment website.

Article 38.- Consequences of the lack of justification.

1.- Appointments will not be offered during a period of six months to the person who has been offered an appointment by telephone or has been assigned a position ex officio as regulated in article 24.5 and there has not been Documentally justifying their resignation from said contract within 15 calendar days following the offer, as regulated in article 37. The second resignation without having justified within said period (15 calendar days) will entail the exclusion of one year from the list. The third resignation without having justified within said period (15 calendar days) will entail the definitive exclusion.

2.- The consequences of the lack of justification will only affect the type of list (long or short appointments) from which the offer was made and its specific category.

Article 39.- Lists of short appointments in various categories.

No new contract offers will be made from the list of short appointments of a category/functional position until the current appointment granted through the list of short appointments of another category/functional position has not concluded, except as provided in article 33 of this Agreement.

Article 40.- Reactivation in the hiring lists.

1.- Personnel who are in any of these situations must be reactivated in the hiring lists:

a) That an appointment granted through the list of long appointments or through the list of short appointments ends. Reactivation must be requested within fifteen calendar days from the end of the appointment. You must contact the Osakidetza Corporate Temporary Personnel Recruitment Service, if it is an appointment granted through the list of long appointments, and the OS Temporary Personnel Recruitment Service, if it was granted through the list of short appointments. However, in the list of short appointments (not in the list of long appointments) the reactivation will be ex officio by the Contracting Service of the Service Organization in the event that on the date of commencement of the contract through said list of appointments short the exact date of completion of the appointment was already known.

b) Who has justified the resignation of a contract offer from the list of long appointments or has justified the resignation of an offer from the list of short appointments. The reactivation must be requested within fifteen calendar days from the conclusion of the cause of justification. You must contact the Osakidetza Corporate Temporary Personnel Recruitment Service, if the justification was made on the vacancy list, and the corresponding OS Temporary Personnel Recruitment Service, if the justification was made on the list of short appointments.

2.- Reactivation by the Contracting Service will take place within 3 business days from the communication of the person concerned, except in the event that when the appointment begins on the list of short appointments the its completion date. In the latter case, applicable only in the list of short appointments, the staff will become "available" six calendar days before the end date of the appointment.

3.- If the reactivation terms of this section elapse without the interested party having requested the reactivation, the appointments that would have been offered if they had requested it will be lost. Once the period indicated for the reactivation has elapsed, the reactivation may still be requested, but it will take effect fifteen calendar days after the request has been received by the competent body.

Article 41.- Exclusions.

1.- When a recruitment offer is resigned from the list without documenting the justification in due time, as well as when a current appointment is resigned, the list will be excluded for six months of the category/functional position in question and only of the list in question (long appointments list and short appointments list), if it is a resignation that occurs for the first time.

When a current appointment or a contract offer is resigned for the second time without having justified said resignation within the term, the exclusion will occur for twelve months in the list of long-term appointments or in the list of short appointments of the functional category/position correspondent.

When a current appointment or a contract offer is resigned for the third time without having justified said resignation within the term, the definitive exclusion will take place in the list of long-term appointments or in the list of short appointments of the corresponding functional category/position .

2.- Resignations from appointments in force entail the exclusions mentioned in section 1 of this article, whatever the reason for said resignations, except in the cases provided for in articles 29, 30, 31, 32 , 33 and 36 of this Agreement.

3.- Likewise, personnel who do not respond to calls made in accordance with the Protocol established in development of articles 24 and 25 of this Agreement will be excluded from the hiring lists during the previously established periods. Osakidetza will review the exclusions based on the allegations that the affected staff may raise.

4.- Likewise, the excluded personnel may be included again in the lists. Osakidetza reserves the right to call again excluded or excluded applicants when the current list of the specific functional category/position has been exhausted and it is necessary to cover a healthcare need that cannot be postponed, in order of priority among all the members of the list. In the event that the appointment is accepted due to a healthcare need that cannot be postponed, the penalty will be canceled at the end of said appointment.

5.- The penalty will be applied without prejudice to the fact that the disciplinary regime can be applied in the lists, which constitutes a differentiated case that is regulated in the following article.

6.- Whenever there is a penalty from the list of long appointments or the list of short appointments, the person concerned will be notified by email of this circumstance, as well as its effects.

CHAPTER IV

DISCIPLINARY REGIME

Article 42.- Disciplinary Regime.

1.- While they are working through the Osakidetza hiring lists, the people registered in them may be subject to disciplinary proceedings, which will be processed as established in Chapter XII of Law 55/2003, of 16 of December, of the Framework Statute of the statutory personnel of the Health Services, and Title VII of Royal Legislative Decree 5/2015 of October 30, Consolidated Text of the Basic Statute of Public Employees, applicable in a supplementary manner and any other norm of the legal system applicable to disciplinary proceedings.

2.- The resolution of the procedure will be dictated by the Director or Managing Director of the Service Organization in which the appointment was granted during the course of which the offense was committed, although at the time of its issuance the person on file has completed their appointment in said organization.

3.- If the disciplinary file could not be processed while they were active, the people registered in the temporary hiring lists may be sanctioned by the procedure and the infractions contained in Chapter XII of Law 55/2003, of 16 of December, by which the Framework Statute of the statutory personnel of the health services and Title VII of Royal Legislative Decree 5/2015 of October 30, Consolidated Text of the Basic Statute of Public Employees, was approved. This procedure will be initiated and resolved by the Director or Managing Director of the Service Organization where the acts that are the object of the disciplinary file were committed.

4.- The procedure that is initiated based on the previous section will be processed in accordance with the principles that inspire the disciplinary procedures of statutory personnel.

5.- The sanctions to be applied will be those contemplated in Chapter XII of Law 55/2003. Although the suspension of functions will materialize, depending on the seriousness of the facts that are the subject of the file, with the temporary or definitive suspension of the hiring lists, graduating equally if the sanction should include the lists of long and short appointments and if it is extends to all lists of all functional categories/positions in which the person on file is registered.

6.- The regulation concerning the adoption of provisional measures provided for in article 75 of Law 55/2003 will also be applied, depending on the seriousness of the facts subject to disciplinary proceedings.

CHAPTER V

INFORMATION TO THE PERSONNEL REPRESENTATION AND PUBLICITY OF APPOINTMENTS

Article 43.- Information to the Representation of Personnel and Publicity of Appointments.

1.- On a monthly basis, the OS will send to the Personnel Representation, or to the body in which it delegates, information on the appointments of temporary statutory personnel, both for the coverage of vacant and reserved positions and for substitutions and eventualities , carried out during that period, which will include surnames and first names, functional category/position, organizational unit, type of appointment and reason for replacement, start and end date of the appointment, when determined, where appropriate, mandatory date, position code and percentage of working hours, in accordance with the report model enabled for this purpose in the personnel information system.

2.- Any question related to the information provided that arises in the union must be submitted in writing to the respective OS where the appointments have been made.

FIRST ADDITIONAL PROVISION.- Appointments for weekends, holidays and urgent situations.

A new protocol will be established for contracting on weekends and urgent situations, in development of this Agreement.

SECOND ADDITIONAL PROVISION.- Gender violence.

1.- The woman who proves to be a victim of gender violence, in the case of providing services through a temporary appointment, will have preference to occupy another temporary appointment of similar characteristics, in the same category and/or specialty, in the same or in another location of their choice, simultaneously renouncing the temporary appointment they were holding, without this entailing any penalty.

2.- Thus, those applicants registered in the lists of temporary hiring victims of gender violence may renounce any temporary relationship previously accepted or that has been made, as well as an offer of any temporary relationship without it being applied any exclusion in the temporary hiring lists.

3.- The applicant, a victim of gender violence, may modify the OS and work centers in which they wish to provide services in their application. The change will be effective from the day following the modification, based on the reason.

4.- Situations of gender violence will be accredited in accordance with the provisions of article 23 of Organic Law 1/2004, of December 28, on Comprehensive Protection Measures against gender violence, and the measures that the current legal system establishes.

5.- The applicant who has suffered sexual harassment or harassment for reasons of sex in the performance of their duties, under article 7 of Organic Law 3/2007, of March 22, for the effective equality of women and men, and as long as the corresponding judicial complaint has been filed, you can modify the OS and work centers in which you wish to provide services in your request. The change will be effective from the day following the modification, based on the reason.

6.- Likewise, the applicant who has suffered behavior that could constitute sexual or gender-based harassment of those contemplated in the Protocol against sexual and gender-based harassment in Osakidetza, in the performance of its functions, and that it has been included in the Register of complaints and complaints presented to the Investigation Commission of the Protocol, and that it has been recognized as such by said commission, you can modify in your request the OS and work centers in which you wish to provide services. The change will be effective from the day following the modification, based on the reason.

THIRD ADDITIONAL PROVISION.- Temporary hiring reserves for holiday periods.

The appointments intended to cover the absences derived from the enjoyment of the Easter, Christmas and summer holidays will be articulated in accordance with the protocol that will be elaborated in the development of this Agreement.

FOURTH ADDITIONAL PROVISION.- Specific situations for the coverage of posts with expired mandatory date.

1.- As a general rule, the linguistic profile will be required to fill the vacancies that have an expired mandatory date.

2.- When it is not possible to cover a position with the mandatory date of the linguistic profile expired with the members of the hiring lists who are in possession of that position and this coverage is essential, appointments may be offered to members of the lists that do not have the required linguistic profile, only in one of the following two exceptional cases:

a) When in the case of specific lists whose creation was agreed by the corresponding OS Directorate, there are no people available on said lists who have the required linguistic profile. In this case, the people available on the specific list who do not have the aforementioned profile will be used first, and secondarily (in the event that there are no personnel available on said lists either) the personnel on the lists of the corresponding category that possesses the required linguistic profile and, in the last case (when there are no personnel available as established), the personnel from the list of the general category that does not possess the aforementioned profile will be selected.

b) When there is no staff available on the list of long-term appointments in the corresponding category who possesses the required linguistic profile, staff from the list of long-term appointments who do not have the aforementioned profile will be used. Likewise, when there are no personnel available on the list of short appointments or on the list of the corresponding Short Appointments Area, who have the required linguistic profile, personnel on the list who do not have the aforementioned profile will be used.

In both cases, sections a) and b), hiring preference will be given to those with the language profile immediately below the required one.

3.- The coverage from the list of long-term appointments and short-term appointments of positions with expired linguistic profile, of Specialist Nursing personnel, will be carried out according to the following order of priority:

1) Specialist nurse, with profile.

2) Specialist nurse, without profile.

3) Generalist nurse, with profile.

4) Generalist nurse, without profile.

Preference will be given to hiring those who have the language profile immediately below that required.

4.- In eventual appointments for the provision of services in Units classified as priority I according to the current Basque Language Plan, knowledge of Basque will prevail, that is, applicants who prove the corresponding linguistic profile will be hired .

In eventual appointments for the provision of services in Units classified as priority II according to the current Euskera Plan, it will be ensured that the compliance of applicants who accredit the corresponding linguistic profile reaches the mandatory percentage established in each Unit.

FIFTH ADDITIONAL PROVISION.- Hiring people with disabilities.

1.- Access to public employment will be favored for people who have the legal status of disability, regulating promotion measures that also allow the legally established coverage quota to be reached in temporary contracts.

2.- In any case, the formalization of said appointments will be conditional on the applicants being able to adequately perform the tasks of the job.

3.- Osakidetza, through the corresponding Resolution of the General Directorate and prior negotiation within the framework of the Monitoring Commission of this Agreement, will adopt the necessary measures to enable the provisions contained in sections 1 and 2 of the present additional provision.

Likewise, said Resolution will also determine the process of incorporating people with intellectual disabilities, in addition to the categories, functional positions and destinations in which said recruitment offers can be carried out, as well as the necessary and reasonably required adaptations of jobs so that people with intellectual disabilities can adequately perform their professional tasks.

SIXTH ADDITIONAL PROVISION.- Incorporation in recruitment lists of professionals who complete their specialized health training.

a) Graduates or graduates in health sciences, which allows them to register in the categories of Physician Medical Specialist personnel or Physician Technical personnel, who are going to complete the training program, may submit, in the month April of the year in which said program ends, a document accrediting the qualification obtained in the previous year of the residence period and the order number obtained in the national call for the test for the completion of the residence period.

In the case of people who complete their period of residence in the Osakidetza Centers, the documentation indicated in the previous paragraph will be requested from the Osakidetza OS Teaching Units.

b) For their incorporation into lists until the annual update, the applicants indicated in the previous point will be ordered according to the qualification obtained in the evaluation of the previous year of the residency period and, in the event of a tie, they will go to the order number obtained in the national call for the test to carry out the period of residence.

c) The persons indicated in section a) must make the choice of OS and Area indicated in articles 13, 14 and 15 of this Agreement.

SEVENTH ADDITIONAL PROVISION.- Negative certificate from the Registry of sex offenders.

In application of article 13.5 of Law 1/1996, of January 15, on the Legal Protection of Minors, the people registered in the temporary hiring lists must provide the negative certificate of the Registry at the time of signing the first appointment Central de Delincuentes Sexuales or the authorization to Osakidetza to collect on his behalf the certification of the aforementioned Registry. The certificate or authorization must be presented at the Service Organization where the temporary appointment is to be formalized, and always prior to the start of the employment relationship.

EIGHTH ADDITIONAL PROVISION.- Exceptional hiring of Medical Facultative personnel and Nursing personnel who are offered appointments of category/functional position different from the contracting list of which they are part.

1.- In the event that there is no personal functional category/position available to fill a position on the hiring lists and it is verified that attempts to cover it through the ordinary procedures established in this Agreement have been unsuccessful, The Corporate Temporary Hiring Service and the Health Care Division Directorate will assess the possibility of hiring medical staff and nursing staff registered in other hiring lists of a different functional category/position, including in this analysis the assessment of competencies of the different functional categories/positions, always on an exceptional basis and for the shortest possible time, without the rejection of said offer implying any penalty.

2.- In the cases described in the previous point, the professional experience will be computed in the functional category/position that, by fulfilling the degree requirement, is actually going to be performed, this circumstance being included in the appointment.

NINTH ADDITIONAL PROVISION.- Monitoring of the temporary hiring of the linked centers.

1.- The monitoring and control of the temporary contracting of the centers linked to Osakidetza by virtue of Decree 127/2018, of September 4, on requirements and procedure for the subscription of specific agreements of connection with health centers of ownership private, non-profit, for the provision of health services, will be carried out by the linked center itself, in accordance with the procedures and protocols that it has provided.

2.- In any case, Osakidetza will make available to the linked centers the respective lists of temporary contracts, in order to facilitate the incorporation of professionals to said centers in order to guarantee the provision and continuity of the agreed services.

3.- Those who make up the Osakidetza temporary hiring lists will not have the obligation to accept a temporary hiring offer made by a linked center, nor will they be penalized for rejecting it. If you accept the appointment, you will remain unavailable while you continue to provide services at the linked center. If you resign from the current appointment, the provisions of articles 29, 30, 31, 32, 33, 36 and 41 will apply.

4.- The Corporate Commission for monitoring temporary hiring of article 6 may request, on a semi-annual basis and through the Osakidetza Human Resources Department, the information it deems appropriate on the temporary hiring carried out by the centers linked.

TENTH ADDITIONAL PROVISION.- Data protection.

Osakidetza's temporary hiring lists will meet all the requirements and conditions established for this type of support by the legislation on protection of personal data.

ELEVENTH ADDITIONAL PROVISION.- Calls for specific profiles of the OPE 2016-2017.

After the calls for specific profiles of the OPE 2016-2017, Osakidetza temporary hiring lists will not be created.

ADDITIONAL PROVISION TWELFTH.- List of temporary hiring lists.

The list of temporary recruitment lists that will be established after the entry into force of this Agreement is included in Annex II.

The creation of temporary hiring lists not included in Annex II requires that they be approved by Resolution of the Human Resources Department, after being negotiated by the Health Sector Board.

REPEALING PROVISION.- Repeal of the previous Temporary Hiring Agreement.

This Agreement replaces and repeals the Agreement of May 9, 2011, of the Board of Directors of the public entity Osakidetza-Basque Health Service, for the preparation and management of temporary hiring lists in Osakidetza-Basque Health Service, as well as regulations of equal or lower rank that contradict the provisions of this Agreement.

FIRST FINAL PROVISION.- Publication and effects of the Agreement.

This Agreement will take effect from the day following its publication in the Official Gazette of the Basque Country and will not apply to acts issued under the validity of the previous Agreements.

SECOND FINAL PROVISION.- Development of the Agreement.

In the development of this Agreement, contracting protocols will be articulated. The aforementioned protocols, which may not oppose the provisions of this Agreement, will be published on the Osakidetza temporary recruitment website.

FINAL PROVISION THREE.- Attribution of competence of the Agreement.

The General Directorate of Osakidetza is empowered to issue as many resolutions or instructions as are necessary in the development of this Agreement.