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What it regulates
The Basic Statute of Public Employees recognises effective health and safety protection, protects dignity against harassment and retains prevention duties in telework. This entry brings together those rights, conduct duties and representative oversight of compliance.
Who it applies to
Civil servants and, where applicable, contract staff of the public administrations covered by Article 2, subject to the specific regimes and exceptions in Articles 3 to 7. The selection covers Articles 14(h), 14(j bis), 14(l), 40(1)(e), 40(2), 47 bis, 54(9), 95(2)(b) and 95(2)(o); the remaining Statute is not treated as specific OSH legislation.
Key provisions
Article 14(l) recognises the right to effective occupational health and safety protection. Paragraph (h) protects privacy and dignity against sexual, discriminatory, psychological and workplace harassment under the provision’s terms.
Article 14Paragraph (j bis) recognises digital disconnection and privacy regarding devices, video surveillance and geolocation under digital-rights legislation. This is relevant to rest and prevention of technology-related overload.
Article 14Staff boards and staff delegates oversee compliance with working-condition and risk-prevention rules and may bring the corresponding actions. Standing and decision-making requirements are governed by paragraph 2.
Article 40Telework requires express authorisation and retains applicable prevention rights and duties, except those inherent to on-site work. The administration provides and maintains the necessary technological equipment.
Article 47 bisThe arrangement is voluntary and reversible, subject to justified exceptions, and is implemented through rules negotiated at the relevant level. Public administrations’ contract staff are also governed by this Article and its implementing rules for telework.
Article 47 bisArticle 54(9) requires observance of occupational health and safety rules; the individual duty accompanies the administration’s duty of protection.
Article 54Articles 95(2)(b) and 95(2)(o) classify the specified discriminatory and harassing conduct as very serious disciplinary offences. This entry links that disciplinary response to prevention without replacing the procedure or assessing an individual case.
Article 95History and versions
Initial publication: 31/10/2015 · Initial entry into force: 01/11/2015
BOE-A-2015-11719The consolidated statute was published on 31 October 2015, and the selected original provisions entered into force on 1 November 2015. Organic Act 3/2018 added digital rights; Royal Decree-Law 29/2020 introduced public-sector telework; Act 4/2023 revised harassment protection and its disciplinary classification. The history focuses on these amendments rather than all changes to leave or career progression.
Organic Act 3/2018, Final Provision 14: adds Article 14(j bis), effective from 7 December 2018.
BOE-A-2018-16673Royal Decree-Law 29/2020, Article 1: adds Article 47 bis, effective from 1 October 2020.
BOE-A-2020-11415Law 4/2023, final provision 16: within this selection it amends articles 14.h and 95.2.b, effective from 2 March 2023. Changes to other paragraphs are not developed here.
BOE-A-2023-5366Text versions of the selected OSH provisions
| Publication | Effective date | Official reference | Affected provisions |
|---|---|---|---|
| 31/10/2015 | 01/11/2015 | BOE-A-2015-11719 | Article 2, Article 14, Article 40, Article 54, Article 95 |
| 06/12/2018 | 07/12/2018 | BOE-A-2018-16673 | Article 14 |
| 30/09/2020 | 01/10/2020 | BOE-A-2020-11415 | Article 47 bis |
| 01/03/2023 | 02/03/2023 | BOE-A-2023-5366 | Article 14, Article 95 |
Transitional provisions and application notes
Scope depends on the service relationship and specific legislation. Not every Statute rule applies identically to contract, teaching, health, police or military personnel.
Article 2Public administrations’ contract staff have this specific telework regime. The 30% threshold and home-visit procedure in Act 10/2021 must not automatically be transferred to public employment.
Article 47 bisPsychosocial-risk protection is not exhausted by sanctioning harassment: applicable prevention rules and each administration’s procedures remain necessary. Versions of an Article may amend paragraphs other than those selected here.
Article 14
Official BOE legal relationships
This record covers the history of the selected occupational safety and health provisions. The official analysis also provides the relationships affecting other subjects in the legislation.
Official BOE legal relationships
