At the meeting, which was chaired by the Minister of Territorial Policy and Public Administration, Meritxell Batet – assisted by the Secretary of State for Public Administration, José Antonio Benedicto – the Minister of Finance and Public Administration, Fernando Gimeno, participated. Director of Public Function, Arantxa Millo.
In addition to approving the Regulation that will govern the functioning of the Sectoral Conference, the autonomous communities have agreed to sign an agreement to promote the inter-administrative mobility of public employees who are victims of gender violence. All administrations are committed to address the necessary actions, making effective, in addition, the measures of protection or the right to comprehensive social assistance.
This agreement is part of the measures to combat gender violence, given that – in the words of the European Parliament – violence against women constitutes an attack on the right to life, security, freedom, dignity and to the physical and psychological integrity of the victims and, therefore, constitutes an obstacle to the development of a democratic society.
The objective of guaranteeing the continuity of public employees who are victims of gender-based violence in the performance of their public employment, as well as to maintain the remuneration they receive when they are obliged to change their place of residence beyond the jurisdiction of the Administration Public where they provide their services, is also covered by the provisions of the resolutions of the European Parliament of 2014 and 2017, which stresses that in order to be more effective, measures to combat violence against women should be accompanied by actions that address economic inequalities on the basis of sex and that promote women's economic independence and, furthermore, that reinforcing independence and economic and social participation reduces the vulnerability of women to gender violence.
To this end, the institutions involved, as established in the document, undertake to respond to requests for mobility of public employees who are victims of gender violence, at the request of another public administration, provided that the situation of the victim of gender violence is duly accredited and it is not possible to provide a solution to mobility by the Administration of origin.
Another of the commitments included in the agreement is to preferentially process these procedures in order that the resolution is stated as soon as possible.
The accreditation of the situation of gender violence will be carried out by one of the following means: conviction; order of protection or any other judicial resolution that decides a precautionary measure in favor of the victim; or a report from the Public Prosecutor's Office indicating the existence of indications that the applicant is a victim of gender violence.
Also through a report from social services, special services or reception services for victims of gender violence of the competent Public Administration; or, by any title, provided that this is provided for in the normative provisions of a sectoral nature that regulate access to each of the rights and resources.
In any case, the mobility of the public employee will be carried out to a job located in the national geographic scope. This position must be appropriate to the nature of the applicant's service relationship and professional classification.
In addition, the employee must meet the requirements for the performance thereof that appear in the respective list of jobs or other similar organizational instruments, being able to perform, where appropriate, adaptations and equivalences that are necessary.
In order to facilitate mobility due to gender violence of public employees, it is necessary that, in terms of reciprocity between all public administrations, and in accordance with the regulatory regulations in the matter, the necessary actions are addressed, giving effectiveness to the measures of protection or to the right to integral social assistance.
This will be done by attending to requests for mobility of public employees who are victims of gender violence at the request of another Public Administration, provided that the situation of the victim of gender violence is duly accredited and it is not possible to provide a solution to mobility by part of that Administration.
Another way is the preferential processing of these procedures, so that the resolution is issued as soon as possible; and also the protection of the privacy of the victims, especially, their personal data, those of the ancestors, descendants and those of any person who is in their custody or custody.
On the other hand, the public administration of destination will keep the public employee in the position assigned to her as long as the circumstances that gave rise to the mobility remain, without the said job being able to be during the whole period of the call for her definitive coverage.
The administration of origin will have the obligation to reserve to the public employee a destination in the same locality and of equal remuneration characteristics to those of the position she occupied during the time in which said employee remains provisionally assigned to the administration to which she is transferred. by reason of gender violence, until obtaining a definitive position, be it in the administration of destination, in the origin or in a third.
In any case, the privacy of public employees will be protected in the annotations of the administrative acts that must be carried out in the personnel registers of the public administrations, as well as in the access to the existing information about them in the information systems of the public administrations. different public administrations.