Confuse, face, exhaust, delay over time … Each and every one of these actions defines perfectly Interior Minister’s strategy, Fernando Grande-Marlaskawith the State Security Forces and Bodies. There is no plan that presents or promise to make that exceed that phase of approach. Because they do not usually reach the end, they are kept in a drawer or what is worse, they take to the courts where they can remain for years. And that is what national police and civil guards know how they see how His claims are “filed”.
And although the list of breaches seems endless, the last controversy runs on account of the term “risk profession”. In the opinion of the head of Interior, that term does not exist as such, that is, it is not a “legal term” that can be applied to national police, civil or military guards. “From a legal point this concept does not exist”Marlaska said just a few days ago, who had no qualms about “lying” to affirm that “The danger is already considered in other concepts like productivity. “There is plenty of saying that agents have already denounced that In your payroll there is no remuneration For that concept.
A game of trileros, the one held by the Minister of the Interior with the agents, which does not hold. Since although There is no official list of risk professionsas sources from the Ministry of Labor say, there are professions classified as “risk”, among which are neither the members of the National Police, the Civil Guard, nor the Armed Forces, prison officials or agents of customs. This is stipulated by Law 31/1995 on Occupational Risk Prevention in its section 3.2.
KEYS: Coefficient reducer and anticipated retirement
However, this article also determines that “this law will inspire the specific regulations issued to regulate the protection of the safety and health of workers who provide their services in the indicated activities.” That is, there is the possibility of Apply specific standards to include these agents Within the risk professions, which would allow them benefit from the “reducing coefficient” and retiretoat 59, charging one hundred percent of your pension.
AND That is what was done with local policethrough Royal Decree 449/2018 of December 14; with the Mossos d’Esquadra and the Navarra Foral Policeby means of the final vigesta-equity provision of Law 22/2021, of December 28, on General State Budgets; as well as With Ertzaintzathrough the twenty provision of the General Social Security Law. In short, legally, the Executive can apply a specific standard to include national police and civil guards within the risk professions catalog.
The key is found in the consolidated text of the General Social Security Law, which provides for the possibility of lowering the minimum retirement age by Royal Decree and through reducing coefficients for those professional groups or activities “whose works are of exceptional nature painful, toxic, dangerous or unhealthy and accuse high rates of morbidity or mortality“. And in these we are, since, since last June 2023, date on which The Ombudsman confirmed that the procedures had begun To conduct studies on “the sinisterity, pain, danger and toxicity From the working conditions of the National Police officers collective, “there have been no new news.
Blocking in Congress and Courts
A chaotic situation that invades agents outrage: Studies on the danger of their profession are delayed (20 months already)while Marlaska has no qualms about admitting that this risk exists, but lies by ensuring that he is already paid in his payrolls. Also, the government block any political initiative that arises, both in Congress and in the Senate, to recognize agents as risk professionals. Outside these cameras, Marlaska derives all claims to the courts.
Such is his eagerness to boycott the claims of the agents that on November 4, the government sent to the Senate a report in which it reiterates that “the concept of risk profession does not exist as such or in the regulation of the security regime Social or in the passive class regime. ” However, in that report they forget to mention that the fact of belonging to a risk profession directly affects retirement.
And who is part of that list? As reflected in the Ministry of Labor, that list includes the Railway workers, artists, miners, aerial work personnelbullfighting professionals, firefighters, as well as members of the regional and local police. However, although Mossos and Ertzainas are on the list, we must remember that national police and civil guards, no. Nor appear prison officials or the military.
And in the end, everything seems to be reduced to an issue, the economic one. And is that beyond “no” salary equalization Of police and civil guards with Mossos, Ertzainas or local police, the application of the reducing coefficient to all agents would mean an extraordinary expense that the Executive of Pedro Sánchez and his Interior Minister, in this case, are not willing to assume.