Calendario laboral y de días inhábiles

Calendario laboral y de días inhábiles

 

Non-working days calendar – BOE (Spanish Official Gazette)

Information about non-working days

The administrative proceedings must be duly carried out within the corresponding deadlines previously established.  On the one hand, this rule is compulsory for the authorities or personnel at the service of the Public Administrations competent for handling administrative proceedings and, on the other, for persons involved in such proceedings.  Proceedings "beyond the deadline" have an impact both on the administrative acts (they shall not be taken into account) and on the person responsible for carrying these out (the public servant in question shall be held liable).

Calculating deadlines in administrative proceedings is complex because three factors must be taken into account:

  • The time unit specified in each case (days, months, years)
  • The first day in the time period (starting date)
  • The day when the period expires (deadline)

According to Article 30.7 of Law 39/2015, of 1 October, on the Legal System of the Public Administrations and Common Administrative Procedure, the General State Administration shall determine the working and non-working days calendar in order to calculate deadlines, subject to the official working schedule and within its area of responsibility. Pursuant to Article 30.2, Saturdays will be excluded from the calculation. 

This schedule shall be made public to all citizens before the beginning of each year in the relevant Official Gazette and in other media ensuring its due dissemination.

Within the scope of the General Administration of the State for the year 2016, according to the Resolution of the Secretary of State for Public Administrations of 28 September 2016, establishing the working days calendar for the calculation of deadlines, the following days will be considered as non-working days as of 2 October 2016:

  1. Throughout the national territory: Saturdays, Sundays and those bank holidays that cannot be substituted, or days on which all the Autonomous Regions have not exercised the power of substitution.
  2. Within the territory of the Autonomous Regions: those days defined by each Autonomous Region as bank holidays.
  3. In the territory of the entities included in the Local Administrations: the days established by each Autonomous Region in their respective calendars of non-working days.

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Deadline Calculation

Article 48 of the LRJAPPAC establishes the system for calculating deadlines for administrative procedures depending on whether they refer to days, months, or years:

  • Deadlines in days: understood as working days, excluding Sundays and bank holidays.   Where deadlines refer to calendar days, this will be specified in the corresponding notifications.    Deadlines in days shall begin on the day following the date of notification or publication of the act in question, or on the day following the date on which the act is accepted/ dismissed through administrative silence.
  • Deadlines in months or years: Deadlines in months or years shall begin on the day following the date of notification or publication of the act in question, or on the day following the date on which the act is accepted/ dismissed through administrative silence.   The deadlines in months or years shall be understood as calendar days, including non-working days.  If the month of expiry does not have a day equivalent to the day when the calculation begins, the expiry date will be understood as being the last day of that month.

When the deadline ends on a non-working day, it will be extended to the next working day.  In addition, when a working day in the Municipality or Autonomous Region where the person concerned lives corresponds to a non-working day in the place where the competent administrative body is headquartered, or vice versa, it will always be considered as a non-working day.

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