Subscribe to a Global-Regulation Premium Membership Today!

Law 2/2014, of March 25, of the Action and the Foreign Service of the State, establishes the general framework of action of the State in the Foreign Affairs, also regulating the Foreign Service. Articles 22 and 23 respectively refer to external action in the field of employment and social security, as well as migration and immigration. Similarly, Articles 42.6, 45.3, 45.5 and 47.3 establish the operation of the Sectoral Councils and Attachors, as well as other specialised technical bodies, in addition to the procedure for their creation or deletion.

In this same Law 2/2014, of March 25, it is incited, when referring to the Organization of the Foreign Service of the State, in particular in Articles 41.1 and 45.1.c), in which the units are integrated in the Diplomatic Mission administrative and human resources operating outside the various ministerial departments.

The Administration of the Ministry of Employment and Social Security is currently constituted by the Ministry of Employment and Social Security.

The Employment and Social Security Councils were governed so far by Royal Decree 904/2003 of 11 July, which regulates the Administration of the Ministry of Labour and Social Affairs, while the Sections did so far through Royal Decree 426/1993, of March 26, which regulates the sections of Labor and Social Security of the Consular Offices. This has led to the fact that, as of today, Sections and Council members live together, which in their purity lack a common standard of reference.

Thus, the aforementioned Royal Decree 426/1993, of March 26, authorized the creation of the Sections of Labor and Social Security as units organically integrated in the Consular Offices, without prejudice to their dependence Then the Ministry of Labour and Social Security.

In application of this royal decree, and by Order of the Ministry of Foreign Affairs of 12 May 1994, 37 Labour Offices were abolished until then and 31 Labour, Social Security and Social Security Sections were created. of Social Affairs, which are dependent on the respective Consular Offices. By subsequent orders this number increased to 34.

Despite the provisions of the aforementioned regulations, the respective relations of jobs never came to be integrated in the Consular Offices, so the intended integration also did not complete.

When the royal decree regulating the Administration of the then Ministry of Labor and Social Security is approved in 2003, it clearly shows the dysfunction of the existence of the Ministry of Labor and Social Security. Sections, which are developed in the area of the Consular Offices, but belong to the structure of the respective Department, which is the unit that the Ministry considered suitable for its presence abroad.

However, only in a shy way is the formal integration of the templates of the Sections in the respective Councils, and by Resolution of the Executive Commission of the Inter-Ministerial Commission of Remuneration of the On 15 June 2004, the employment relations of the Labour Offices of the Netherlands, the United Kingdom and Belgium are integrated into their respective Councils.

The need to give new impetus to international action in the fields of employment and social security policy, as well as migration and immigration, requires the adoption of a new royal decree that will unify and update the a single standard the operation of the Consejeries. All this without forgetting the necessary search for efficiency and efficiency in the use of public resources.

The provision of a more flexible structure to the Consejeries, which will not formally have Sections, facilitates their adaptation and adaptation to the specific circumstances of the collective of citizens in the territory of accreditation. This will revert to a greater capacity for reaction and response to their demands, maintaining quality in the attention given. In this way, a more rational and consistent structure of all the Councils is achieved, along with greater organizational clarification, while improving the quality of the public service that they provide to citizens in an environment of increasing mobility. This allows the Consejeries to adapt their organizational dimension to a diverse and changing audience, concentrating the attention where the needs are identified, taking into account that the migratory movements of the Spanish population have been In recent years, due to the economic crisis, a profile with a higher qualification is predominant. During their working life abroad, it is necessary to inform and attend to our migrants to ensure adequate protection of their social rights.

On the other hand, the Court of Auditors has carried out a management audit of the Ministry of Employment and Social Security in Europe. Among the comments made, the relative relationship between the Consejeria and the Sections with the need to clarify the dependency between them is highlighted. This royal decree gives definitive answer to this question by deleting all the sections of Employment and Social Security, whose functions are assumed by the Employment and Social Security Councils as the only specialized technical bodies. of the Ministry abroad.

Another of the issues raised by that body put the emphasis on the need to provide the Council with a uniform planning. From now on, the operational planning of the actions of the Consejeries, which will establish indicators of monitoring and on which an assessment of results will be made, is generated, with the objective of improving the operation of the the same.

This royal decree has been informed by the Executive Council of Foreign Policy.

In its virtue, at the initiative of the Minister of Foreign Affairs and Cooperation and the Minister of Employment and Social Security and on the proposal of the Minister of Finance and Public Administration, according to the State Council and after deliberation by the Council of Ministers at its meeting on 20 November 2015,

DISPONGO:

CHAPTER I

From the Employment and Social Security Councils

Article 1. Name and definition.

The Employment and Social Security Counselors are specialized technical bodies of the Diplomatic Missions and Permanent Representations of the Kingdom of Spain, for the development of the functions that, in the framework of the Responsibilities of the Ministry of Employment and Social Security, it is entrusted to them by Law 2/2014, of March 25, of the Action and the Foreign Service of the State, and this royal decree.

Article 2. Dependency.

1. The Employment and Social Security Counselors are organically and functionally dependent on the Secretariat of the Ministry of Employment and Social Security, through the Technical General Secretariat, and maintain a hierarchical dependency on the Ambassador. The Secretariat for Employment and Social Security shall, through the Technical General Secretariat, define the actions and programmes of action, its internal organisation and budgetary allocation, as well as its technical inspection and control.

2. The follow-up and coordination of the activities of the Consejeries will be carried out from the Technical General Secretariat through the General Subdirectorate of International Relations Sociolaboral, under the provisions of the royal decree of structure corresponding. The Technical General Secretariat will maintain a smooth relationship with the Consejeries, especially with regard to the design, implementation and monitoring of operational plans and management tools.

3. In the field of functional dependence provided for in the first paragraph, account shall be taken of the functions which the royal decree implementing the basic organic structure of the Ministry of Employment and Social Security may attribute to the different management bodies of the Department. The above is without prejudice to the recognised coordination of the Secretariat in this field.

Article 3. Creating, modifying, and deleting.

The creation, modification or deletion of a Ministry of Employment and Social Security will be carried out by royal decree of the Council of Ministers, at the initiative of the head of the Ministry of Employment and Social Security, prior to the Head of the Ministry of Foreign Affairs and Cooperation and at the proposal of the head of the Ministry of Finance and Public Administrations, prior to the report of the Executive Council of Foreign Policy.

The existing Employment and Social Security Counselors at the entry into force of this royal decree are listed in the list in the Annex.

Article 4. Functions.

1. The performance of the Employment and Social Security Councils will be developed in the framework of the planning instruments regulated in Law 2/2014 of 25 March, and will be subject to the principles, guidelines, aims and objectives of the External Action. of the State in the field of employment, industrial relations, social security and migration and immigration, in accordance with the guidelines of the Ministry of Employment and Social Security.

2. In general, the Employment and Social Security Councils shall support the exercise of the functions of the various higher bodies and managers of the Ministry of Employment and Social Security in the field of their competences, and in They will perform the following functions:

a) From an institutional character:

1. Represent the Ministry of Employment and Social Security by implementing the guidelines and activities necessary for this purpose.

2. Represent the Head of Mission, when specifically assigned to him.

3. To provide advice, technical assistance and collaboration to the Head and other organs of the Diplomatic Mission in the areas of their competence.

4. To maintain and improve the bilateral relations between the Ministry of Employment and Social Security and the competent authorities in the social field, as well as with social partners and participation organisations The country of accreditation.

5. Support the performance of technical cooperation activities in the country of accreditation in matters of their competence.

6. To collaborate in the development of migration agreements.

b) For information:

1. Operate as a unit of information of the Ministry of Employment and Social Security, in matters of its competence, gathering sociolaboral and migratory information of institutions and organizations of the country of accreditation and facilitating their own in matters of competence of the Department.

2. To provide Spanish citizenship with information, and where appropriate, advice on employment, industrial relations, social security and migration in the field of their competencies.

3. Encouraging actions to facilitate Spanish citizenship in the search for employment in the country of accreditation.

c) Care in character:

Without prejudice to the competences of the Ministries of Foreign Affairs and Cooperation and the Interior, they shall perform the following tasks:

1. Atender to Spanish citizens abroad in order to facilitate both their employment and personal integration in the host country, and to facilitate, where possible, the return to Spain of those who wish to return, In order to take into consideration the issue of the Spanish Administration, in order to issue the Retornado Emigrant Certificate, if the work documentation and social security documentation are appropriate.

2. To strengthen relations with Spanish emigrant associations and centers abroad, on the basis of mutual cooperation.

3. Manage foreign care pensions and specific health care programs for migrants who need it.

4. Participate In Processing Social Security System Benefits.

5. Inform, disseminate and process applications for aid programs of the Ministry of Employment and Social Security and the Institute of Older and Social Services (IMSERSO) in favor of emigrants.

6. Take part in the management of the grant programs funded by the Ministry and oriented to the Spanish abroad for whose resolution they are competent.

d) Any other function entrusted to them within the framework of their competencies.

3. For the appropriate development of the aforementioned functions, the programming of the actions of each of the Councils will be reflected in an annual operational plan, with indicators of monitoring, on which it will give account and assessment of compliance, besides use any other appropriate planning tools.

Article 5. Human resources.

For the performance of the tasks referred to in Article 4, the Employment and Social Security Councils shall have the staff provided for in the relevant employment relations for officials and for the job staff.

Article 6. Economic and budgetary resources.

The Employment and Social Security Counselors shall be equipped with adequate economic resources to cover their operating and investment expenses. These resources will be allocated by the Under-Secretary for Employment and Social Security on the basis of the appropriations entered in the General Budget of the State and will be managed in accordance with current regulations and with the instructions that will be Deliver from the Subsecretariat itself.

Article 7. Structure.

In each Employment and Social Security Department, there will be an Employment and Social Security Advisor. There will also be a Secretary-General when the special circumstances of the Department make it necessary.

The holder of the Ministry of Foreign Affairs and Cooperation, on a proposal from the holder of the Ministry of Employment and Social Security, may credit the Employment and Social Security Directors for the performance of their duties in other States or International Bodies, under multilateral accreditation.

CHAPTER II

From the Employment and Social Security Directors and the Secretaries-General

Article 8. The Minister of Employment and Social Security.

1. At the head of each Department, there will be a Social Security and Employment Advisor who will be the head of the Department. The Counsellor is responsible for exercising the functions of management, inspection, management control, supervision and coordination of the Department.

2. The appointment and dismissal of the members of the Ministry of Employment and Social Security, heard by the Ministry of Foreign Affairs and Cooperation. The appointment shall take place by the procedure of free designation, subject to public notice. Once the appointments have been made, they shall be transferred to the Ministry of Foreign Affairs and Cooperation, which shall be accredited to the receiving State (s) or to the host Member State (s) concerned.

Article 9. Requirements and criteria for the designation of Counsellor.

1. The designation for a position of Counsellor for Employment and Social Security shall require the following requirements at the time of designation:

(a) To be a career civil servant of any of the Bodies and Escalas of the A1 subgroup referred to in Article 76 of the recast of the Law of the Basic Staff Regulations, approved by the Royal Legislative Decree 5/2015, of October 30.

(b) To be found at the date of publication of the notice in any of the administrative situations referred to in Article 85 of the recast of the Basic Staff Regulations Act, and in Article 2 of the Regulation of Administrative Situations of Civil Servants of the General Administration of the State, approved by Royal Decree 365/1995 of 10 March 1995, excluding voluntary leave of absence, suspension of duties and leave of absence Voluntary interest and family grouping during their first two years.

(c) Not having held a position of Counsellor for Employment and Social Security in the three years preceding the date of the call, without prejudice to the provisions of Article 11.2.

(d) Any other requirement that, depending on the nature and status of the job, is required in the call.

2. The criteria to be taken into account for the assessment of applications prior to the decision shall be specified in the public call for Employment and Social Security Adviser.

Article 10. The Secretary-General.

1. The Secretary-General shall provide technical support to the Employment and Social Security Adviser, to whom he shall replace in case of vacancy, absence or illness, and shall take over the coordination of the various administrative departments, in particular in the field of economic and personnel, under the direction of the respective Counsellor.

2. The appointment and termination of the Secretaries-General is the responsibility of the Deputy Secretary for Employment and Social Security, in accordance with the free designation procedure. The appointment shall take place upon public notice, between career officials of any of the Bodies and Escalations of the A1 or A2 sub-groups, as referred to in Article 76 of the recast of the Basic Staff Regulations Act. Public.

Article 11. Stay and cease.

1.Without prejudice to the provisions of this Article, the period of residence of the Minister for Employment and Social Security and the Secretary-General of the Employment and Social Security Councils shall be at least three years and one maximum of four. Upon request of the person concerned submitted within the last six months of the maximum period, the Deputy Minister for Employment and Social Security may agree to the extension of the post up to a fifth year, exceptionally.

2. However, and in the light of the needs of the service, the holder of one of these posts may be appointed to another post of Counsellor for Employment and Social Security or Secretary-General in different Employment and Social Security Councils. provided that it has complied with the minimum period of stay provided for in the previous paragraph. In such cases, the maximum period of continued stay between the two posts shall not exceed eight years.

3. Exceptionally, the Deputy Minister for Employment and Social Security, at the request of the person concerned and for duly substantiated reasons of a personal nature, may leave the minimum period of stay at the posts abroad without effect.

4. By way of derogation from the provisions of paragraph 1 of this Article, the staff appointed by the free designation procedure referred to in this Chapter may be dismissed at their discretion. Such staff shall also cease in the course of the maximum periods provided for in this Article, taking into account any extensions which may have been granted.

CHAPTER III

From the Employment and Social Security Directors of the Permanent Representations

Article 12. The Employment and Social Security Advisers of the Permanent Representations.

1. In the Permanent Representations of Spain to international organizations whose objectives or scope of action are related to the competences of the Ministry of Employment and Social Security, they may exist, under the responsibility of the Ambassador Permanent Representative, and in attention to the needs of the service, the positions of the Counsellor of Employment and Social Security that are deemed necessary for the performance of the functions of the Representation, according to the corresponding relation of jobs. Where there is more than one post of Counsellor, a Coordinating Adviser shall be appointed to whom the remaining members shall be subordinate.

2. Without prejudice to the specific regulation of each corresponding Permanent Representation, the functions of the Employment and Social Security Directors in the Permanent Representation of Spain to the European Union in Brussels, at the Representation Permanent of Spain to the United Nations Agencies accredited in Geneva, and before the Permanent Representation of Spain to the Organization for Economic Cooperation and Development in Paris, they will understand, in any case, the following:

(a) Advice, support and, where appropriate, assistance in the sessions of the governing bodies in the respective institutions on matters of competence of the Department.

b) Advice, support and, where appropriate, participation in the meetings of committees, working groups and specific groups of cooperation, without prejudice to the participation of experts from the Ministry of Employment and Social Security or other departments in any of the mentioned bodies, as well as the maintenance and strengthening of relations and contacts with the members of those groups.

c) Elaboration of reports, notes and communications on topics of interest to be addressed in the EU, the ILO or the OECD.

d) Support for experts from the Ministry of Employment and Social Security or other departments, as the case may be, when dealing with matters related to those organizations that affect the competence of the Department.

Article 13. Legal regime.

The Employment and Social Security Advisers of the Permanent Representations of Spain will be governed by this royal decree regarding their dependency, appointment, permanence, cessation and functions, without prejudice to the peculiarities that may be derived from the specific regulations and characteristics of the respective representation.

CHAPTER IV

From the rest of the staff employed in the Employment and Social Security Councils

Article 14. Official staff.

1. (a) the position of the Member States of the European Parliament and of the Council of the European Parliament, the Council of the European Communities, the Council of the European Communities, the Council of the European Communities, the Council of the European Communities, the Council of the European Communities, They shall be responsible for coordinating and supervising the different functional or geographical areas of the Employment and Social Security Councils, and shall be carried out by official staff. Only posts involving auxiliary tasks of an instrumental nature or administrative support may be carried out by employment staff, in accordance with the provisions of Article 15 of Law No 30/1984 of 2 August 1984 on measures for the Reform of the Civil Service.

2. The characteristics of the jobs to be carried out by this official staff shall be those determined in the corresponding employment relations. In any case only the jobs of special responsibility thus provided for in the Relationship of Jobs, in accordance with the legislation in force, will be provided through the procedure of free designation in force in the field of the General Administration of the State, without prejudice to the specialties included in this Royal Decree.

3. The period of stay of officials in the same job shall be a minimum of two years and a maximum of four years. Upon request of the person concerned submitted within the last six months of the maximum period, the competent authority may agree to the extension of the post up to a fifth year on an exceptional basis.

4. No official shall be able to hold more than two consecutive positions on the outside, or stay for more than eight consecutive years, by summing the total performance time in both positions, including any possible extensions that have been granted.

5. Officials destined for Spain after having exhausted the maximum period of stay provided for in the preceding paragraph may not be assigned to new posts of the Ministry of Employment and Social Security abroad without a two-year period has elapsed since the end of the period. Exceptionally, for reasons justified by the needs of the service, that minimum period may be reduced.

Article 15. Work staff.

1. The employment staff employed in the Employment and Social Security Councils will occupy the posts provided for in the relevant employment relationship.

2. The selection of work staff shall be carried out by public notice in the country of accreditation, by means of selection systems which guarantee the principles of equality, merit and capacity. The procurement shall be in accordance with the labour law of that country.

3. This staff shall be governed by the provisions of his employment contract.

Additional disposition first. No increase in public expenditure.

The measures included in this rule may not result in an increase in appropriations, remuneration or other personnel costs.

Additional provision second. Removal of Employment and Social Security Sections.

The sections of Employment and Social Security, as well as the Labour Offices not abolished in the Order of the Ministry of Foreign Affairs of 12 May 1994, whose functions are assumed by the Ministry of Social Security, have been abolished. Employment and Social Security, from which the staff of those will depend.

The staff of the up to now Employment and Social Security section in the Netherlands will become dependent, for the purposes of internal organisation and budgetary allocation, on the Ministry of Employment and Social Security in the Netherlands. Belgium.

The staff of the up to now section of Employment and Social Security in Costa Rica will become dependent, for the purposes of internal organization and budgetary allocation, of the Ministry of Employment and Social Security in Mexico.

The sections of Employment and Social Security and the Labour Offices are deleted in: Düsseldorf, Frankfurt, Hamburg, Hanover, Munich, Stuttgart; Warsaw; Andorra; Bahia Blanca, Cordoba, Mendoza, Rosario; Luxembourg; Liège; Rio De Janeiro, Sao Paulo; Ottawa, Montreal; San Jose; Havana; Bordeaux, Strasbourg, Lyon, Marseille, Montpellier, Pau, Perpignan, Toulouse; Bucharest; Tangier; The Hague; Manchester; Geneva, Zurich, Lausanne, Basel; Bogota and Santo Domingo.

First transient disposition. Length of stay.

The periods of stay in the Employment and Social Security Councils referred to in Article 11, as well as the time limit laid down in Article 9 (1) (c), shall also apply to situations which have been initiated before the The entry into force of this royal decree, in order for the periods of stay in the Employment and Social Security Council the totality of the time that the current job or two posts of employment has been effectively carried out consecutive work on the same.

Second transient disposition. Staff of extinct sections.

The staff who at the entry into force of the present royal decree will be providing services in the extinct sections, will maintain their residence in the country of destination of these sections, going on to have their organic dependence and functional of the respective Consorcery in accordance with the provisions of the second provision of this standard, without prejudice to any future organizational changes that may be made.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this royal decree and, expressly, Royal Decree 426/1993 of 26 March, governing the Sections of Labour and Social Affairs Social security of the Consular Offices, as well as Royal Decree 904/2003, of July 11, which regulates the Administration of the Ministry of Labor and Social Affairs abroad.

Final disposition first. Powers of development.

1.The holder of the Ministry of Employment and Social Security is authorised to develop, in the field of his/her competences, what is foreseen in this royal decree.

2. The Under-Secretary for Employment and Social Security is authorised to issue the precise instructions for the operation of the Employment and Social Security Councils.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 20 November 2015.

FELIPE R.

The Minister of Finance and Public Administrations,

CRISTOBAL MONTORO ROMERO

ANNEX

Relationship of Employment and Social Security Councils

-Employment and Social Security Department in Germany. Accreditation in Poland.

-Department of Employment and Social Security in Argentina.

-Employment and Social Security Department in Belgium. Accreditation in Luxembourg.

-Department of Employment and Social Security in the Permanent Representation of Spain to the European Union.

-Ministry of Employment and Social Security in Brazil.

-Department of Employment and Social Security in Canada.

-Department of Employment and Social Security in Chile.

-Employment and Social Security Department in China.

-Department of Employment and Social Security in Cuba.

-Employment and Social Security Department in Denmark. Accreditation in Sweden, Finland, Norway, Estonia, Latvia and Lithuania.

-Ministry of Employment and Social Security in Ecuador.

-Department of Employment and Social Security in the United States of America. Accreditation to the Organization of American States.

-Employment and Social Security Department in France. Accreditation to the OECD and Andorra.

-Employment and Social Security Department in Italy. Accreditation in Greece and Romania.

-Ministry of Employment and Social Security in Morocco. Accreditation in Tunisia.

-Employment and Social Security Department in Mexico.

-Department of Employment and Social Security in Peru. Accreditation in Bolivia and the Andean Community of Nations.

-Employment and Social Security Department in Portugal.

-Department of Employment and Social Security in the United Kingdom. Accreditation in Ireland.

-Employment and Social Security Department in Senegal.

-Employment and Social Security Department in Switzerland. Accreditation in Austria and Liechtenstein.

-Ministry of Employment and Social Security in the Permanent Representation of Spain to the United Nations Agencies in Geneva.

-Employment and Social Security Department in Uruguay. Accreditation in Paraguay.

-Minister of Employment and Social Security in Venezuela. Accreditation in Colombia and Dominican Republic.