Labor authorizes the transfer of four positions to the Digitization Agency

The Minister of Labor, Public Service and Social Dialogue, Catalina Teresa Cabrer González, has authorized the subrogation of personnel and job positions with functions attributed to the Balearic Agency for Digitization, Cybersecurity and Telecommunications. The decision is published in the Official Gazette of the Balearic Islands (BOIB) no. 135, of October 22, 2026, Section III, pages 57222 to 57226, with official reference 10407, and takes effect the day following its publication, that is, October 23, 2026.

The legal framework of the transfer

The subrogation is based on the fifth final provision of Law 6/2025, of July 23, on the general budgets of the autonomous community for the year 2025, which rewrote article 38 of Law 18/2016, of December 29. This provision configures the Agency as an autonomous body of the instrumental public sector and expressly provides that the labor personnel of the current public business entity must be subrogated into the new body, in accordance with the tenth additional provision of Law 7/2010, of July 21.

The twenty-first final provision of the same Law 6/2025 establishes that this regulatory modification takes effect from January 1, 2026. In turn, the second transitional provision of Decree 63/2025, of December 19, approving the statutes of the Agency, establishes that personnel affected by selection processes linked to functions attributed to the entity must be subject to subrogation once the selection process has ended and the new employment relationship with the original entity has been formalized.

Four affected job positions

The positions being transferred are those that remained assigned to the Balearic Foundation for Innovation and Technology with functions attributed to the Agency, occupied by temporary labor personnel in vacant positions and affected by the public employment offers of 2023 and 2024:

• L03060032 – Senior development technician, senior ICT specialist category, Development area.
• L03060035 – Head of Digital Government area, senior ICT specialist category, Digital Government area.
• L03080042 – ICT Innovation computer operator, computer operator category, ICT Innovation area.
• L03060054, expansion 03 – Senior cybersociety technician, senior specialist category, Digital Society area.

The background of the resolution recalls that on May 28, 2026, the Board of Trustees of the Balearic Foundation for Innovation and Technology agreed to the subrogation of this personnel and job positions. Furthermore, through a resolution by the vice president of the Board, published in BOIB no. 102, of August 15, 2026, the selection process of the 2023 ordinary public offer to hire a senior ICT specialist for the Development area, with reference FSUPTLL01-25, was declared completed.

Working conditions and background

The regulation guarantees that the subrogated contractual staff have the right to maintain the working conditions of the employment relationship in force with the foundation or the public sector entity at the time of subrogation, until they cease for the legally provided causes of termination. The resolution also invokes article 44 of the Recast Text of the Workers’ Statute Law, regarding company succession, and articles 6.4 and 31 of Law 3/2007, of March 27, on the public function of the autonomous community.

Previously, the Agreement of the Governing Council of December 30, 2025, published in BOIB no. 2, of January 3, 2026, had ratified the agreements of the boards of the Foundation for Care and Support for Dependency and for the Promotion of Personal Autonomy of the Balearic Islands and the Balearic Foundation for Innovation and Technology regarding the contractual staff susceptible to being subrogated by the Agency. The entity is assigned to the Department of Economy, Finance and Innovation, and once the statutes are approved, the current public business entity must be extinguished through a global transfer of assets and liabilities.

Against the resolution, which exhausts the administrative route, an optional appeal for reversal may be filed within one month or a contentious-administrative appeal before the Contentious-Administrative Chamber of the High Court of Justice of the Balearic Islands within two months, both counted from the day following publication.

Fuente: Official Gazette of the Balearic Islands (BOIB), no. 135, of October 22, 2026, Section III. Other provisions and administrative acts, pp. 57222-57226 (official reference: 10407).