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Public employees. Code of conduct

Royal Legislative Decree 5/2015, of October 30, approving the consolidated text of the Law on the Basic Statute of Public Employees. (Articles 52 to 54)  

Public employees must diligently carry out the tasks assigned to them and ensure the general interests subject to and observance of the Constitution and the rest of the legal system, and must act in accordance with the following principles: objectivity, integrity, neutrality, responsibility, impartiality, confidentiality, dedication to public service, transparency, exemplarity, austerity, accessibility, efficiency, honesty, promotion of the cultural and environmental environment, and respect for equality between women and men, which inspire the Code of Conduct for employees and public employees configured by the ethical and conduct principles regulated in the following articles.

The rules and principles established in Legislative RD 5/2015 will inform the interpretation and application of the disciplinary regime for public employees.

 

  1. Public employees shall respect the Constitution and the rest of the norms that make up the legal system.
  2. Its actions will pursue the satisfaction of the general interests of citizens and will be based on objective considerations oriented towards impartiality and common interest, regardless of any other factor that expresses personal, family, corporate, clientelist positions or any other that may collide with this principle.
  3. They will adjust their actions to the principles of loyalty and good faith with the Administration in which they provide their services, and with their superiors, colleagues,  subordinates and with the citizenry.
  4. Their conduct will be based on respect for fundamental rights and public freedoms, avoiding any action that may produce any discrimination based on birth, racial or ethnic origin, gender, sex, sexual orientation, religion or convictions, opinion, disability, age or any other condition or personal or social circumstance.
  5. They will refrain from matters in which they have a personal interest, as well as from any private activity or interest that may pose a risk of conflicting interests with their public position.
  6. They will not contract economic obligations nor will they intervene in financial operations, patrimonial obligations or legal transactions with persons or entities when it may imply a conflict of interest with the obligations of their public position.
  7. They will not accept any treatment of favor or situation that implies privilege or unjustified advantage, by natural persons or private entities.
  8. They will act in accordance with the principles of effectiveness, economy and efficiency, and will monitor the achievement of the general interest and the fulfillment of the objectives of the organization.
  9. They will not influence the streamlining or resolution of administrative proceedings or procedures without just cause and, in no case, when this entails a privilege for the benefit of the persons holding public office or their immediate family and social environment or when it implies an impairment of the interests of third parties.
  10. They will diligently fulfill the tasks that correspond to them or are entrusted to them and, where appropriate, they will resolve within the deadline the procedures or files of their competence.
  11. They will exercise their powers according to the principle of dedication to public service, refraining not only from conduct contrary to it, but also from any other that compromises neutrality in the exercise of public services.
  12. They will keep secrecy of classified matters or others whose dissemination is legally prohibited, and will maintain due discretion on those matters that they know by reason of their position, without being able to make use of the information obtained for their own benefit or that of third parties, or to the detriment of the public interest.
  1. They will treat citizens, their superiors and other public employees with care and respect.
  2. The performance of the tasks corresponding to their job position will be carried out diligently and complying with the established day and schedule..
  3. They will obey the instructions and professional orders of their superiors, unless they constitute a manifest infraction of the legal system, in which case they will immediately inform the corresponding inspection bodies..
  4. They will inform citizens about those matters or issues that they have the right to know, and will facilitate the exercise of their rights and the fulfillment of their obligations.
  5. They will administer public resources and assets with austerity, and will not use them for their own benefit or that of people close to them. Also they have a duty to ensure their conservation.
  6. Any gift, favor or service under advantageous conditions that goes beyond the usual, social and courtesy uses will be rejected, without prejudice to the provisions of the Penal Code.
  7. They will guarantee the constancy and permanence of the documents for their transmission and delivery to their subsequent managers.
  8. They will keep their training and qualifications up to date.
  9. They will observe the rules on occupational health and safety.
  10. They will inform their superiors or the competent bodies of the proposals they consider appropriate to improve the performance of the functions of the unit in which they are assigned. For these purposes, provision may be made for the creation of the appropriate body competent to centralize the receipt of proposals from public or managed/managed employees that serve to improve the efficiency of the service.
  11. They will guarantee attention to citizens in the language that requests it, as long as it is official in the territory.