Basic Statute of the Public Employee (EBEP): A complete guide from my experience

Let's get down to business! If you are in the world of public administration in Spain, or if you have plans to enter, sooner or later you will come across the Basic Statute of the Public Employee (EBEP). And believe me, it's one of those things you can't overlook, because it directly affects the rights and duties of all public employees. From my experience, both working with public personnel and in administrative management, the EBEP is the basis of the entire public labor framework. Do you want to understand what this is all about? Let's go by parts.

What is the Basic Statute of the Public Employee?

To put it simply, the EBEP is a norm that regulates the working conditions of public employees in Spain. Similar to what would be the Estatuto de los Trabajadores in the private sector, the EBEP establishes the rights, duties, and disciplinary regime of those working in public administrations. But beware, it does not cover all public sector employees; this statute applies mainly to civil servants.

The EBEP came into force in 2015 and is part of Royal Legislative Decree 5/2015. It is a legal framework that aims to unify and guarantee the rights of public employees, establishing the minimum bases for its development in more specific legislation at the autonomous or local level.

Types of public employees according to the EBEP

One of the first points that this statute will clarify for you is how public employees are classified. This is where many people get lost, because the term "public employee" does not mean the same thing to everyone. The EBEP classifies public employees into five categories:

Career civil servants: This group is made up of those who have obtained a permanent position and are assigned to them on a permanent basis. They have the right to job stability, one of the great benefits of public employment.

Interim civil servants: They perform similar functions to career civil servants, but temporarily, for reasons of urgency or necessity.

Labor personnel: They are those who have a labor contract with the administration. They may be indefinite or temporary, depending on the needs of the service.

Personal eventual: This type of personnel is hired for functions of trust or special advice, and their hiring is non-permanent.

Statutory personnel: This includes health professionals who work in the public health system and have their own statute.

Rights and duties of the public employee

This is where it gets interesting. In my experience, one of the points most valued by those who work in the public sector is the extensive catalog of rights that the EBEP guarantees. Here are some of the most important:

Employment stability: Unlike the private sector, public personnel have considerable labor protection, which guarantees that you cannot be dismissed without just cause.

Equal treatment: No matter the position or category, the principle of equal opportunity is key. No plug-ins (or at least, it should be...).

Training and internal promotion: The EBEP establishes that public employees have the right to continuous training and to participate in internal promotion processes. This means that there are always opportunities for promotion.

Conciliation and vacations: Public employees are entitled to a series of leaves and benefits that allow them to concile their work and personal life, from maternity or paternity leave to annual leave.

But of course, with great rights come great responsibilities. The EBEP does not fall short of the duties it demands of public employees:

Loyalty to the administration: Yes, you have to be loyal to the institution you work for. No playing for the opposing team.

Job Effectiveness: You are expected to give your best in the job. No resting on your laurels!

Impartiality and probity: This means that you must act objectively and without conflict of interest. The public employee must be the reflection of transparency.

Professional secrecy: In many public positions, you will handle confidential information, and the EBEP obliges you to keep it under strict reserve.

Disciplinary regime: What happens if you don't comply

This is where it gets serious. The EBEP also establishes a disciplinary regime for those who fail to perform their duties. The civil service is like any other employer: if you fail to perform your duties, you face sanctions that can range from a slight reprimand to loss of position.

One of the most common problems I have seen is a lack of knowledge on this point. Many public employees think they have an armored position, but the reality is that not meeting expectations or, worse, incurring in serious misconduct, can lead to quite harsh sanctions.

Conclusion: My experience with the EBEP

Throughout my professional career, I have seen how the EBEP has been a key tool to improve the working conditions of public personnel. But I have also witnessed how it can be a complicated system for those who do not know their rights and duties well. Knowing the EBEP thoroughly is fundamental, both to protect your interests and to meet the expectations the administration has of you.

As a public employee or future civil servant, the EBEP is your labor bible, so make sure you read it, know it and, above all, understand it. And if you ever find yourself in a sticky situation, you know where to look first - your future in the civil service depends on it!