summary
On December 7, 2003, Law 55/2003, of December 16, was published in the Official State Gazette, approving the Framework Statute of health services statutory personnel, which is considered as a key instrument in terms of personnel, within each health service, the Human Resources Management Plan. Thus, article 13 of the aforementioned standard defines it as the basic instrument for global planning of the same within the health services, in which the objectives to be achieved in terms of personnel, troops and structure must be specified. of human resources that are considered adequate to meet such objectives, being able to establish the necessary measures to achieve said structure, especially in terms of quantification of resources, programming of access, geographical and functional mobility, promotion and professional reclassification.
For its part, article 12.1 establishes that the planning of human resources will be oriented towards an adequate sizing, distribution, stability, development, training and training, in order to improve the quality, effectiveness and efficiency of services.
Through Resolution of January 17, 2018 (BOE number 27, of January 30, 2018), of the National Institute of Health Management, the INGESA Human Resources Management Plan is approved, together with its annexes, entering into force on the day following its publication, and pending a five-year period, that is, with temporary surveillance until January 30, 2023.
The aforementioned Law 55/2003, of December 16, in article 80, referring to Pacts and Agreements, establishes in section 1, that, within the negotiating tables, the representatives of the Administration or health service and the representatives of the trade union organizations may enter into pacts and agreements. Likewise, in section 2, g) it includes, that must be subject to negotiation, in the terms provided in chapter III of Law 9/1987, of June 12, the Plans for the management of human resources. In compliance with this article, the Administration and the Union Organizations present at the Sector Roundtable on November 16, 2022, in accordance with an extension of the validity of the INGESA Human Resources Management Plan, for three months.
Royal Decree-Law 12/2022, of July 5 (BOE number 161, of July 6, 2022), which modifies Law 55/2003, of December 16, on the Framework Statute of Statutory Personnel of the Health Services, entered into force on July 7, 2022, and refers in its first additional provision to the start-up of a union negotiation process for updating the Framework Statute of Health Services Statutory Personnel, for the which establishes that the Ministry of Health, within the scope of negotiation, with the knowledge of the Human Resources Commission in its planning work, will initiate a process within three months from the entry into force of that Royal Decree-Law union bargaining for updating the Framework Statute. This negotiating process must conclude within a period of six months, which may be extendable.
In addition to the above, in view of the complexity of updating, reviewing and adapting the aforementioned Plan and the volume of data and documentation that must be analyzed, and with the aim of establishing a new Plan, whose development is gradual, With an open time horizon, without being limited to a specific time period and with the possibility of progressive adaptation, this Directorate, in use of the powers conferred by article 15 of Royal Decree 1087/2003, of August 29 (BOE number 208 , of August 30), resolves:
First. Increase the validity of the INGESA Human Resources Organization Plan by three months, counted from the date of expiration of the validity of the current Plan.
Second. The previous term is heard automatically extended for the essential term, and in any case, until the end of the negotiation process for updating the Statutory Personnel Framework Statute, in execution of the first additional provision, of Royal Decree-Law 12/2022 , of July 5, which modified Law 55/2003, of December 16, of the Framework Statute of Health Services Statutory Personnel, which is carried out within the Delegate Technical Commission of the Human Resources Commission of the National Health System, and its working groups.
Against this Resolution, an appeal for replacement may be filed, optionally, before the Directorate of the National Institute of Health Management within a period of one month from the day following its publication, or a contentious-administrative appeal within a period of two months from the day following its publication before the Contentious-Administrative Chamber of the Superior Court of Justice of, in accordance with the provisions of Law 39/2015 of October 1, on the Common Administrative Procedure of Public Administrations and in Law 29/1998, of July 13, regulating the Contentious-administrative Jurisdiction.
