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Compatibility of private activities

The Law prohibits the recognition of compatibility with private activities that may impair the functions performed, by the recognition resolutions they must respect the following limitations:

  • Private activities, including those of a professional nature, may not be carried out, by themselves or through substitution, either on their own account or under the dependence or service of entities or individuals that are directly related to those carried out by the Department, Agency or Entity in which they are assigned.
  • Private activities corresponding to jobs that require the effective presence of the interested party during a time equal to or greater than half of the ordinary weekly working day in the Public Administrations, may only be authorized when public activity is one of those set forth in Law 53/1984 as part time.
  • Compatibility for private activities may not be recognized for those who have been authorized to have compatibility for a second public position or activity, provided that the sum of the days of both is equal to or greater than the maximum in the Public Administrations.
  • Staff performing jobs that involve the perception of specific supplements or comparable concept, the amount of which exceeds 30% of their basic remuneration, excluding concepts that have their origin in seniority, may not be recognized as compatible with the exercise with private activities. (However, in relation to the officials of the General Administration of the State, the fifth additional provision of Royal Decree-Law 20/2012, of 13 July, on measures to guarantee budgetary stability and to promote competitiveness, for those of subgroups A1 and A2, and the Agreement of the Council of Ministers of 16 December 2011, for those of C1, C2 and E, allow the possibility for the interested parties to request the reduction of this remuneration concept in order to obtain the recognition of compatibility.

In any case, it is forbidden to carry out the following private activities:

  1. The performance of private activities, including those of a professional nature, either on its own account or under the dependence or service of Entities or individuals, in the matters in which it is intervening, has intervened in the last two years or has had to intervene due to the public position.
    This incompatibility includes in particular the professional activities provided to people who are obliged to attend in the performance of the public position.
  2. Membership of Boards of Directors or governing bodies of private companies or entities, provided that the activity thereof is related to those managed by the Department, Agency or Entity in which the affected personnel provide their services.
  3. The performance by himself or by person interposed, of charges of any kind in Companies or Companies concessionaires, contractors of works, services or supplies, tenants or administrators of monopolies, or with participation or guarantee of the public sector, whatever the legal configuration of the same.
  4. The participation of more than 10% in the capital of the Companies or Companies referred to in the previous section.

 

Procedure

Compatibility with private activity is the responsibility of the Minister for Digital Transformation and the Public Service, who has delegated to the Office of Conflicts of Interest, in the event that the resolutions are in accordance with the proposal of the Assistant Secretary of the corresponding Department; of the competent organ of the Autonomous Community or of the Plenary of the Local Corporation, after reporting, where appropriate, of the Directors of the Public Agencies, Entities and Companies.

Compatibilidad con actividades privadas

Deadlines and effects

Applications for authorization of compatibility to exercise private activities will be considered estimated if within three months no express resolution has been received.

 

See the procedure for the Compatibility of public activities.