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Resolution Of 3 March 2006, Of The General Directorate Of Labour, By Which Registration Is Available In The Registration And Publication Of The Iv National Training Agreement.

Original Language Title: Resolución de 3 de marzo de 2006, de la Dirección General de Trabajo, por la que se dispone la inscripción en el registro y publicación del IV Acuerdo Nacional de Formación.

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Having regard to the content of the Fourth National Training Agreement signed on 1 February 2006 by CEOE and CESME as a result of the status of more representative business organisations of a state and another by CC.OO and UGT as more representative trade union organisations of a state nature and in accordance with Article 83.3 in conjunction with Article 90 (2) and (3) of the Royal Decree-Law 1/1995 of 24 March, approving the recast of the Law of the Workers ' Statute and Royal Decree 1040/1981 of 22 May 1981, on the registration and deposit of Work Collective Conventions, This General Work Address, resolves:

First. -Order the registration of the IV National Training Agreement in the corresponding Register of this Steering Center.

Second. -Dispose your publication in the Official State Gazette.

Madrid, 3 March 2006. -Director General, Esteban Rodríguez Vera.

SOCIAL DIALOGUE

IV NATIONAL TRAINING AGREEMENT

(1 February 2006)

Reason exposure

Today's society and the economy continue to be exposed, in this beginning of the century, to a series of changes with important repercussions for companies and workers. Companies need to adapt more and more quickly to remain competitive. Human capital is a key factor for this, which makes training a business strategic objective. The workers, on the other hand, face greater mobility within and outside the company as well as the need to maintain and permanently improve their skills, so training is also an essential objective in improving their skills. employability and their personal and professional promotion. Vocational training is therefore an objective shared by companies and workers, which has been the subject of special attention by the employers and trade unions in the framework of social dialogue and negotiation. Collective. This is demonstrated by the successive National Continuing Training Agreements signed by the most representative organisations of workers and employers, in the framework of which the current model of continuing training has been developed. These agreements have provided an important impetus for training in our country, relying on two substantial elements. On the one hand, the use of the contributions made by firms and workers for vocational training as a means of financing the training measures of firms and the training offered directly to employees. On the other hand, the involvement of the social partners in a matter of their own. The model, thus configured, already has more than 13 years of experience and two renewals through the II and III National Agreements and offers a positive balance, reflected in an important growth of the training plans, of the trained workers and the budget devoted to training. However, the accumulated experience, as well as various elements that have had an impact on the development of the training of workers in recent years, advise to update the bet of the Business and Trade Unions by the training. This was also reflected in the Declaration of the Social Dialogue "Competitiveness, Stable Employment and Social Cohesion" signed in July 2004 by CEOE, CESME, CCOO and UGT with the Government, which called on the social dialogue to be addressed. necessary adaptations to the current training model for workers. This update needs to be addressed from a broad perspective, reinforcing the promotion of lifelong learning throughout the life already mentioned in the previous National Agreements and also included in the approach to the integration of the law. Organic quality of qualifications and vocational training. This is a perspective set out in the European guidelines, which makes it possible to make progress in the quality of training and to overcome the existing barriers between the various training offers and systems. Therefore, the undersigned organisations, aware of the need to maintain the effort made in the field of training, subscribe to this Fourth National Training Agreement.

TITLE I

Agreement object

Article 1.

This Agreement aims to promote and participate in the development of an integrated model of training for employment, which will contribute to the advancement of training and lifelong learning in our country, maintaining the The main objectives of the programme are to overcome the inadequacies of the model so far in force and to strengthen the elements which will enable further progress to be made in achieving the objectives of training and training. (i) to make it possible to make firms more competitive with individual worker training.

TITLE II

Territorial, Personal, and Temporary Scope

Article 2.

1. This Agreement shall apply throughout Spain, in compliance with the principles which inform the unit of the labour market, freedom of movement and establishment, the social security box unit, and the concurrency of training actions.

2. Companies, whatever their legal form, the employees and their respective organizations, may be eligible for this Agreement to develop training actions aimed at workers on the terms which, on the basis of this Agreement, will be determine. 3. This Agreement shall be valid for a temporary period beginning at the time of its signature and shall end on 31 December 2010. Notwithstanding the foregoing, the parties to the common agreement may, before their expiry, estimate the extension of the agreement.

TITLE III

Training of workers and companies

Article 3. Training of demand and training.

The signatory organisations want to strengthen demand training, while maintaining a broad offer aimed at all workers.

In the field of demand training, it is necessary to encourage the training of companies, respecting the different financing elements of the current system. In this sense, the stimulus mechanisms that allow all companies to exercise their right to design and manage the training of their workers in the framework of their business strategy, favoring the development of a competitiveness based on knowledge and ensuring the current rights of workers ' legal representation and, if they do not exist, information to the workers themselves. Similarly, the initiative of the worker to improve his or her professional qualification should be encouraged. This will also facilitate the authorisation by the company of individual training permits to carry out training actions recognised by official accreditation. The provision of training to workers must, for their part, provide for the implementation of sectoral or inter-sectoral training schemes. At sectoral level, collective bargaining may agree to the implementation of specific training plans. When this negotiation is at the state level, it will be possible to set up joint committees and to set general criteria and priorities for the sector-wide training offers. The signatories also agree to promote an inter-sectoral training offer, in order to cover the needs of the productive fabric that transcend the strictly sectorial and territorial scope.

Article 4. Application of resources.

For all this, the undersigned organisations wish to optimise the application of the resources available in vocational training, in particular the quotas, which, for this purpose, provide businesses and workers with independence from other financial sources, putting them at the service of the permanent development of professional skills and qualifications of workers and training in enterprises, in the development of priorities promoted in the Framework for Action agreed in the European social dialogue.

TITLE IV

Training System for Employment

Article 5.

The undersigned organisations consider that a system of training for employment should be designed with the aim of promoting and extending training between employers and workers to meet their needs and contribute to the development of a knowledge-based economy.

Such a system should be articulated according to the following purposes, principles and axes.

Article 6. The purpose of training for employment.

1. To promote training throughout the life of the workers, regardless of their occupation or unemployment situation, improving their professional training and personal promotion.

2. To provide workers with the knowledge and practices appropriate to the requirements of the labour market and the needs of companies. 3. To contribute to the improvement of productivity and competitiveness of companies. 4. To improve the employability of unemployed workers in order to enhance their integration and reintegration into the labour market, especially those with serious difficulties of job integration, such as the long-term unemployed. duration, women, youth, immigrants and persons with disabilities. 5. To promote that the professional skills acquired by the workers, both through the training processes (formal and non-formal), as well as the work experience, are subject to accreditation.

Article 7. General principles.

1. Transparency, simplicity, quality and effectiveness.

2. The unit of box of the vocational training quota. 3. The labour market unit and the free movement of workers in the development of training actions. 4. Collaboration and coordination between competent administrations. 5. The linkage of the system with the Social Dialogue and the collective bargaining sector. 6. Participation of the social partners. 7. The linkage of training for employment with the National System of Professional Qualifications, contemplated in the Organic Law of June 19. 8. The right to vocational training for employment, its free status and equality in the access of workers and enterprises to training and aid to training.

Article 8. System axes.

The Employment Training System should be articulated around the following axes:

1. Integration of the occupational and continuing training subsystems, while maintaining their specific characteristics, in the context of lifelong learning.

2. Universal access to the knowledge of all workers ' groups. 3. The potential of demand training: company training and individual training permits. 4. Development of a comprehensive and accessible training offer aimed at workers in the various fields. 5. Implementation of alternance training programmes with employment. 6. Realization of support and support actions. 7. Setting up a rational organizational structure and appropriate to the objectives of the training. 8. Impuling the certification of vocational training. 9. Attention to the quality of the training and the evaluation of the system. 10. Improvement, integration and coordination of monitoring and control. 11. Adequate and adequate funding of the system. 12. Competential adequation through the regulatory standard.

TITLE V

Joint Organs

Article 9. State Joint Training Committee.

A Joint State Training Commission will be set up, consisting of nine representatives of the Trade Union Organisations and nine representatives of the Business Organisations which are signatories to this Agreement.

The Commission will have, among others, the following functions:

(a) To be in compliance with this Agreement, and to resolve any discrepancies arising in its interpretation, by taking the necessary measures to ensure its correct application.

b) to establish the indicative and priority criteria for the inter-sectoral training offer, in respect of which there is no established state sectoral joint committee, as well as for other offers to be provided for in the rules, all when the scope of an Autonomous Community is exceeded. (c) to establish the criteria for the implementation of the accompanying measures and to accompany the training referred to in its field. (d) to issue other reports and resolutions requested, to propose new initiatives, studies or to propose participation in projects within the themes of its competence. (e) Approve its operating rules. (f) contribute to the effective functioning of the Joint Sectoral Commissions, established under this Agreement, by raising the appropriate reports and proposals for simplification and proposals to the State Employment Training Commission; rationalisation of a sectoral map of these commissions, which is transparent for the structure of the National Qualifications System. (g) Take stock of the implementation of the Agreement and assess the training actions developed. (h) Any other than their own within the framework of an integrated vocational training system.

Article 10. State Sectoral Paritaires.

Within the framework of the State Sectoral Collective Agreements or through specific agreements that may be subscribed by the most representative business and trade union organizations in this field, they may be Sectoral Joint Training Committees.

The Commissions may have the following functions:

(a) Vellar for compliance with the Agreement in its field.

b) To establish the indicative and priority criteria for the sectoral training offer to workers. (c) to establish the criteria for the implementation of the accompanying measures and to accompany the training referred to in the sectoral scope of its Convention or Agreement, provided that they exceed the scope of an Autonomous Community. (d) to know the application of the system of bonuses by companies in their sector. (e) To issue other reports and resolutions that are requested, to propose the conduct of studies, as well as to raise the participation in projects within the themes of their competence. f) Participate and collaborate in studies or research of a sectoral nature and make proposals in relation to the National System of Qualifications or the National Focal Points corresponding to its scope. (g) Approve its operating rules, which must be in line with the provisions of this Agreement. (h) Examine the discrepancies and, where appropriate, mediate, in the event of disagreement of the legal representation of the employees with the formation of the company financed by a system of bonuses or deduction of quota, provided that (a) the right to be a person who is a Member of the European Parliament and who is a Member of the European Parliament. (i) to carry out an annual report on the implementation of the Agreement, as well as to evaluate the training actions in its field. (j) other than those recognised in the framework of the vocational training system.

Additional disposition first. Nature and legal effectiveness.

1. This Agreement is signed in accordance with the provisions of Title III and Article 4 of the recast of the Law on the Status of Workers, and Articles 6 and 7 of the Organic Law on Freedom of Association.

2. When dealing with a specific subject which is the training of workers, it is one of the agreements provided for in Article 83.3 of the recast of the Law on the Law of the Workers ' Statute and is therefore endowed with the law and the effectiveness that the law attributes to them.

Additional provision second.

The undersigned organisations agree to contact the Government to jointly set up, through the appropriate Tripartite Agreement and the appropriate legal procedure, a training system for employment based on the content of this Agreement.