Melilla rectifies the special working day for non-permanent contractual staff

The Governing Council of the Autonomous City of Melilla approved on September 18, 2026, the rectification of the agreement that regularized the special working day for its public employees, in order to incorporate into the text the provision that had been omitted regarding non-permanent staff on the payroll. The correction is published in the Official Gazette of the City of Melilla (BOME) No. 6420, dated October 6, 2026, with the official reference BOME-A-2026-1114.

The original agreement was adopted by the Governing Council in an ordinary resolution session on July 9, 2026, registered under number 2026000656, and was published via Order No. 0656, dated July 9, 2026, in BOME No. 6399, dated July 24, 2026. Its purpose was to establish a homogeneous and systematized framework for the classification of the different types of special working days existing within the administrative organization of the Autonomous City.

The proposal stems from the collective bargaining process carried out in the General Negotiation Table for Civil Service and Labor Personnel, whose ordinary session on May 6, 2026, included on its agenda the “Regularization of the special working day for public employees of the Autonomous City of Melilla.” The agreement finally approved on September 18, 2026, was registered under number 2026000795.

The detected omission and its correction

The text published in July identified, by Departments and General Directorates, the job positions to which the different modalities of special working days are applicable, including:

• Shift work.
• Night shifts.
• Split shifts.
• Provision of services from Monday to Saturday.
• Provision of services from Monday to Sunday.
• On-call duties.

However, the provision of the technical report that served as the basis for the decision was not expressly incorporated, according to which non-permanent staff on the payroll who perform functions corresponding to a category similar to that of the public employees assigned to the same administrative unit must be governed by the same working day regime as the rest of the personnel.

The Governing Council notes a lack of correspondence between the technical report and the published text, and corrects the omission under Article 109.2 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations, which allows for the rectification of material, factual, or arithmetic errors in administrative acts at any time.

The scope: working day yes, remuneration no

The rectification is limited to the working day regime and does not constitute the approval of a new modality nor an alteration of those already approved. Nor does it imply a new assessment of the organizational and functional circumstances of the administrative units.

The agreement specifies that there is no indiscriminate inclusion of all non-permanent contractual staff; rather, the application refers to those performing functions of a category similar to that of the public employees of the same administrative unit. The planning of their workday will be carried out in coordination with that of the rest of the staff.

Regarding the remuneration regime, the text emphasizes that the rectification does not contain an autonomous pronouncement on the recognition, modification, or equalization of remuneration rights, a matter that must be analyzed in accordance with the applicable regulations and the relevant legal and budgetary instruments.

The union origin of the claim

Following the publication of the initial agreement, the Union Section of UGT submitted a written request asking for the express inclusion of non-permanent contractual staff on the payroll who provide services in the same operational areas and under the same special workday conditions as the personnel already covered.

The union’s writing referred in particular to personnel providing services in areas such as Festivities, Bullring, and General Warehouse, and requested their inclusion in the catalog for the regularization of special workdays, as well as the recognition of the corresponding remuneration when services are provided subject to shift work, night shifts, holidays, or special workdays.

The agreement was signed in Melilla on October 1, 2026, by the Secretary of the Governing Council, María José Gómez Ruiz. An optional appeal for reversal may be filed before the Governing Council itself within one month, or a contentious-administrative appeal within two months of its publication.

The correction equalizes the workday for employees who perform equivalent functions in the same administrative unit, regardless of whether their employment relationship is permanent or non-permanent, and reinforces the legal certainty of the special workday framework of the Autonomous City. Pending, however, is the discussion regarding the remuneration consequences of shift work, night shifts, and on-call duties for this group.

Source: Official Gazette of the City of Melilla (BOME), no. 6420, of October 6, 2026, section I, pp. 4945-4949 (official reference: BOME-A-2026-1114).