The IFBS adapts its productivity supplement to Supreme Court jurisprudence

The Provincial Council of Álava has approved Provincial Order 63/2026, of July 24, which modifies Provincial Order 20/2006, of April 27, regulating the productivity supplement within the scope of the Provincial Institute of Social Welfare (IFBS). The regulation, published in the Official Gazette of the Historical Territory of Álava (BOTHA) no. 104 of September 11, 2026, adapts the organization’s remuneration regime to the consolidated doctrine of the Supreme Court regarding the payment of holidays during the vacations of personnel working in shifts.

The modification, signed by the Provincial Deputy for Social Policies, Gorka Urtaran Agirre, and the Director of Social Services, Miren Saratxaga de Isla, in Vitoria-Gasteiz on September 3, 2026, enters into force the day following its publication in the gazette.

Regulatory framework and background

The productivity supplement is configured as a remunerative element linked to performance, extraordinary activity, and the interest or initiative of the personnel, according to article 122.2.c) of Law 11/2022, of December 1, on Basque Public Employment. Its development within the scope of the IFBS is supported by article 21.3 of the regulatory agreement on working conditions approved by Provincial Decree 59/2007.

Provincial Order 20/2006 has been modified on eight previous occasions, by provincial orders 14/2007, 3/2009, 82/2013, 103/2016, 185/2017, 154/2018, 23/2019, and 50/2019. Among the concepts that make up the supplement is the so-called vacation pro rata, which included work on Sundays and holidays as well as medical on-call shifts.

The doctrine of the Supreme Court

Supreme Court ruling number 830/2025, of June 25, confirms previous pronouncements and recognizes that remuneration for providing services on holidays, when shift work is part of the ordinary working day, must be integrated into the ordinary remuneration received even if those services are not provided during vacations, temporary disability, or paid leave.

• Confirmed previous rulings: 784/2024 (May 9), 1677/2019 (December 4), 1233/2020 (October 1), 1054/2020 (July 21), and 771/2022 (June 16).
• Consequence: as of October 1, 2025, the supplement for holiday work for shift personnel is integrated ex novo into the ordinary remuneration.
• The vacation pro rata relating to holiday work becomes null and void based on the principle of non bis in idem.

Content of the modification

The first section of the order modifies section 2.d) of the annex of Provincial Order 20/2006, which is rewritten to include in the October payroll the productivity pro rata referring to the concept of medical on-call shifts corresponding to the vacation period.

• The calculation is carried out on an individualized basis according to the monthly average received between October 1 of the previous year and September 30 of the current year.
• In cases of leave of absence or permits for personal matters under article 31.2.a) of the regulatory agreement, the average is likewise calculated for the entire indicated period.

The processing has complied with the mandatory collective bargaining provided for in article 37 of Royal Legislative Decree 5/2015, of the Basic Statute of the Public Employee, and is supported by article 11 of Foral Decree 25/2012 and Foral Standard 10/2023.

Impact for civil servants

The reform represents a relevant change in the payrolls of IFBS personnel providing services under a shift system: the payment of holidays during vacations is now integrated into the ordinary remuneration, eliminating the double payment that the pro rata entailed. Affected civil servants will see this new remunerative configuration reflected in their payrolls, effective from October 1, 2025.

Source: Official Gazette of the Historical Territory of Álava, no. 104, September 11, 2026, I - General Assemblies of Álava and Foral Administration, pág. 1-2 (official reference: 2026-02560).