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Order Ess/2018/2012, Of 20 September, Which Are Distributed Territorially Grants, For Their Management By The Autonomous Communities With Powers For The Implementation Of Labour Law Assumed Bylaws, In Order To End...

Original Language Title: Orden ESS/2018/2012, de 20 de septiembre, por la que se distribuyen territorialmente subvenciones, para su gestión por Comunidades Autónomas con competencias de ejecución de la legislación laboral estatutariamente asumidas, con la finalidad de fin...

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Article 15 of Royal Decree-Law 13/2010 of 3 December 2010 on actions in the field of taxation, labour and liberalising to encourage investment and job creation, in order to strengthen people's attention (a) to the extent that the employment situation in the labour market and the employment situation in the labour market is not the same as those of the labour market, and

the employment situation in the labour market is not the same.

This measure will apply throughout the territory of the State and its management will be carried out by the Autonomous Communities with statutory powers assumed in the field of work, employment and training and by the Service State public in the field of their respective competences.

Article 18 of the Royal Decree-Law mentioned above states that the financing of this measure will be carried out from the budget of the State Employment Public Service, for which the credits that are required.

The corresponding appropriations are distributed territorially between the different Autonomous Communities in accordance with the provisions of the State legislation, constituted by Article 14 of Law 56/2003 of 16 December 2003. Employment and Article 86 of Law 47/2003 of 26 November, General Budget. The latter establishes that the corresponding Sectoral Conference shall set the objective criteria for the distribution of appropriations for the implementation of joint plans and programmes relating to the powers of the Autonomous Communities, that these appropriations have not been directly transferred into the General Budget Law of the State of each financial year, and that the resulting financial commitments for the General Administration of the State will be formalised by agreement of the Council of Ministers, adding that in the rules or conventions by which it is distribute the funds to the Autonomous Communities the conditions for granting these grants will be established.

In the initial budget of the Public Service of State Employment for the financial year 2011, extended for 2012 pursuant to Article 134.4 of the Spanish Constitution, there was no amount to finance this measure, without However, in the Project of the General Budget of the State for the year 2012 has been previewed for that purpose an amount of 23,807.00 thousand euros.

Therefore, taking into account the latter figure, together with the commitments made by the State Employment Public Service with the other Autonomous Communities, it was agreed to distribute 23.840.25 thousand euros by financing the The amount of the amount added to the figure in the General Budget Project of the State in charge of the appropriations in the credit reserve set out in Article 13. (h) of Law 56/2003 of 16 December 2003 on Employment.

The Sectoral Employment and Labour Affairs Conference, at its meeting on 24 May 2012, agreed on the objective criteria for the territorial distribution for the financial year 2012 of the appropriations allocated to the to finance the imputable cost to the extent of the recruitment of 1,500 persons as employment promoters to strengthen the Public Employment Services, in accordance with the terms set out in Article 15 above.

The Council of Ministers, at its meeting on 22 June 2012, decided to formalise these criteria and the corresponding distribution of funding between the Autonomous Communities by 2012, and therefore should be to publicise such distribution and to identify some aspects relating to justification, identification of the source of funding, effective equality between men and women and reintegration.

Law 2/1012 of 29 June of the General Budget of the State for the year 2012 has maintained the initial amount of EUR 23,807,00 thousand, which, after the budgetary modification mentioned above, amounts to an allocation of EUR the Budget of the Public Service of State Employment for 2012 of 23,840.25 thousand euros to finance this measure. On the other hand, the final provision of the fourth paragraph of Law 2/1012 of 29 June has, with effect from 1 January 2012, amended the provisions of Article 15 of Royal Decree-Law No 13/2010 of 3 December 2012, with effect from 1 January 2012, by establishing that the employment promoters shall carry out their activities from 1 February 2011 to 30 June 2012.

Consequently, I have arranged:

Article 1. Object.

1. To give publicity to the objective criteria of the territorial distribution of the subsidies corresponding to the cost attributable to the 2012 economic year, of the measure consisting of the hiring of 1,500 persons as promoters of employment for strengthen the Public Employment Services, set out in Article 15 of Royal Decree-Law 13/2010 of 3 December 2010, of actions in the field of taxation, labour and liberalisation to encourage investment and job creation, in terms of set out in Annex I to this Order, in which the quantities also appear for each of the Autonomous Communities.

2. In addition, the conditions for the implementation of the grants awarded by this Order in application of the provisions of Articles 13 of Law 35/2010 of 17 September 2010 of urgent measures for the reform of the market are laid down.

in the case of the Commission, the Commission has taken the view that the Commission is not in a state of the

Article 2. Objectives.

1. The minimum monthly targets to be achieved with the implementation of the Extraordinary Plan are set out for each Autonomous Community in Annex II-1.

2. The Autonomous Communities shall provide, on a monthly basis, to the State Employment Public Service, by electronic means, which shall be enabled for the purpose, the information relating to the fulfilment of the objectives referred to in the preceding paragraph, with the content set out in Annex II-2-A. For the purposes of recording and monitoring data the SISPE 160 code shall identify the actions carried out by the 1,500 promoter persons, shall additionally carry the code of the service provided if applicable.

In addition, they shall provide for the extraction of data through the Public Employment Services Information System, the information relating to results obtained, with the content set out in Annex II-3, of periodicity. quarterly and annual.

3. Failure to comply with the objectives will imply the need for a report to be submitted by 31 March 2013 for the reasons that have prevented them from reaching the targets.

Article 3. Justification.

1. After the end of the financial year 2012, and no later than 31 March 2013, the Autonomous Communities shall send to the State Employment Public Service, a comprehensive statement of the commitments of appropriations, the recognised obligations and the payments made by the managed grants, funded from the State General Budget and regulated in this Order.

The implementation of the grants managed by the Autonomous Communities, such as commitments of credits, recognised obligations and payments made, in accordance with their implementing budget legislation, will be charged to the exercise for which such grants have been territorially distributed.

In addition, they will send a certificate of the number of persons promoting employment that they have contracted with the funds provided by this Order. The number of persons to be employed in each Autonomous Community with assumed competences is set out in Annex II-1 (column "assigned persons promoting employment"). This number is of a minimum, so each Autonomous Community may hire a higher number of persons promoting employment, although the amount allocated to finance this recruitment will not be increased.

2. The document setting out the economic and financial justification shall be in accordance with the model set out in Annex III, and shall be signed by the holder of the grant or grant management centre to which the financial controller or the financial controller shall, where appropriate, economic and financial responsibility. If the conformity is given by the economic-financial officer, because he does not have the control centre of the audit body exercising the financial function, in the Annexes to this Ministerial Order, in which he must insert such conformity, make the provisions of the Autonomous Community so determined, with reference to the official journal of its publication. Such supporting documents shall be accompanied by the computer media and other documentation, as appropriate, in the relevant Resolutions.

The document containing the justification for the number of persons promoting employment contracted with the funds distributed in this standard shall be in accordance with the model shown in Annex IV and shall be signed by the competent body of each Autonomous community in personnel matters.

The Autonomous Communities which do not justify the recruitment of the number of persons promoting employment set out in Annex II-1 may not include in Annex III a total committed amount higher than the result of multiply the amount of EUR 16,625,00 per year by the number of persons who would have actually contracted to perform these tasks, assuming that the maximum funding provided for in this measure from the budget State generals.

3. Since Law 38/2003 of 17 November, General of Grants, is expressly provided for in Article 3.4.a) to the territorialized grants of this Order in favour of the Autonomous Communities, with management powers In the case of the State in which the State holds full legislative regulation, having regard also to the nature of the national employment funds, as referred to in Article 14 of Law 56/2003 of 16 December 2003, the Employment, and under the provisions of Article 86 of Law 47/2003 of 26 November 2003, the Autonomous Communities shall fill in time all the information requested in Annexes II-2-A, II-2-B, II-3, III and IV for the purpose of properly considering the grants awarded, as the provision is necessary for the Public Employment Service for information on the management of active employment policies and their impact on the labour market at the state level.

Annex II-2-B collects information on the total number of persons receiving the plan served by the 1,500 promoters, specifying those included in the various groups which are the subject of special attention In accordance with Articles 2.6 and 3.3 of the Royal Decree-Law 1/2011 of 11 February 2011, urgent measures to promote the transition to stable employment and the retraining of unemployed persons for the period of Planned application for each collective. This is without prejudice to the provisions of the coordination protocol referred to in Article 3.2 of the Royal Decree-Law.

In the event of the extension of the financing of this measure in post-2012 exercises, the State Employment Public Service will not proceed, in the financial year 2013, to the granting of grants to the Autonomous Communities. managed to finance the recruitment of persons promoting employment which are territorialised for that financial year, as long as they have not been referred to them, duly completed, the annexes mentioned.

4. The remaining uncommitted funds resulting from the end of the financial year, which are held by the Autonomous Communities, will continue to maintain the specific destination for which they were transferred and will be used in the following financial year. as a cash-flow situation at the origin as a remnant that will be discounted from the amount that, if any, is to be transferred to each Autonomous Community.

If the subsidy to which the remainder referred to in the preceding paragraph is concerned, it is abolished in the budget for the financial year 2013, the first to make the outstanding obligations of payment to the end effective. of the financial year 2012 and the remaining non-committed shall be reintegrated into the State Employment Public Service no later than 31 March 2014.

5. The State Employment Public Service shall deduct the amounts committed that were not actually paid to the promoters contracted in the financial year 2013, in accordance with the provisions of paragraph 8.1 of the Spanish Employment Strategy 2012-2014, approved by Royal Decree 1542/2011 of 31 October, in the following bookings to be carried out in favour of each Autonomous Community. However, if the subsidy is abolished in the budget for the financial year 2013, the Autonomous Communities shall reintegrate the remaining remaining appropriations into the State Employment Public Service before 31 December 2013.

In any case, the Autonomous Communities must submit correctly completed to the State Employment Public Service before 31 December 2013 in Annex V to this Order.

Article 4. Identification of the source of funding.

1. In the contracts of the persons promoting employment which each Autonomous Community carries out, it must be expressly stated, instead of visible, that it has been financed from the funds received from the State Employment Service. In the event of failure to comply with this obligation to have contracted persons promoting employment prior to the publication of this order, the origin of the financing of his contract shall be communicated in writing.

2. In addition, in all dissemination activities which may be carried out by each Autonomous Community of the various actions carried out by the person promoting employment contracted, the reference to the financing of the funds shall be indicated received from the State Employment Public Service.

3. Failure to comply with these obligations will result in the initiation of the procedure laid down in Article 31 of the Royal Decree 887/2006 of 21 July, which approves the Regulation of Law 38/2003 of 17 November, General of Grants, and, in their case, the refund procedure laid down in Articles 41 et seq. of that Law.

Article 5. Effective equality between men and women.

According to the provisions of the Organic Law 3/2007 of 22 March, for the effective equality of women and men, the actions to be carried out in the measure referred to in this Order will have as one of their objectives to increase the participation of women in the labour market and to advance effective equality between women and men. To this end, the employability of women will be improved, enhancing their adaptability to the requirements of the labour market.

Additional disposition first. Justification of the funds allocated to each Autonomous Community.

By way of derogation from the final provision of the tenth fourth of Law 2/2012 of 29 June of the General Budget of the State for 2012, the Autonomous Communities may justify the use of the funds allocated in this order until 31 December 2012, provided that in the Annual Employment Policy Plan for 2012, within the scope of professional guidance, there is a measure which, in application of the provisions of Article 23 of Law 56/2003, of 16 of December, to enable the employment offices to be strengthened. Therefore, the expenditure allocated not committed on 30 June 2012, as provided for in the fourth fourth final provision, may be committed until the end of the financial year 2012 under approved professional guidance measures. in the Annual Employment Policy Plan for 2012, including this information in Annex III for the purposes of expenditure justification.

Additional provision second. Declaration of reintegrating facts effective in the treasury of the Autonomous Communities, resulting from the management of State-funded grants.

Of the amount of commitment appropriations shall be reduced, where appropriate, by the reintegrals obtained by the Autonomous Community corresponding to the funds distributed in this Order, completed in the form indicated in the Annex hereto. III, provided that these amounts have not been used again to finance the recruitment of promoters to provide their services in the employment offices, in accordance with the provisions of paragraph 8.1 of the Spanish Employment Strategy 2012-2014, approved by Royal Decree 1542/2011, of 31 October.

Final disposition first. Regulatory enablement.

The head of the Directorate-General of the State Employment Public Service, in the field of his or her powers, is empowered to make any decisions necessary for the development of this order.

Final disposition second. Entry into force.

This Order shall enter into force on the day of its publication in the Official Gazette of the State.

Madrid, September 20, 2012. -Minister of Employment and Social Security, Fatima Banez García.

ANNEX I

Appropriations for grants managed by the Autonomous Communities with statutory powers under the active employment policies financed from the budget of the State Employment Public Service. Cost attributable to the financial year 2012 of the measure consisting of the hiring of 1,500 persons as promoters of employment for the strengthening of the Public Services of Employment

The Sectoral Employment and Labour Affairs Conference, at the meeting held on 24 May 2012, approved in accordance with the provisions of Articles 14 of Law 56/2003 of 16 December 2003 on Employment and 86 of the Law 47/2003, of 26 November, General Budget, the criteria for the distribution of the cost attributable to the financial year 2012 of the measure consisting of the hiring of 1,500 persons as promoters of employment for the strengthening of the Public Employment Services, as set out in Article 15 of Royal Decree-Law 13/2010, of 3 of December, of actions in the fiscal, labor and liberalizing areas to encourage investment and job creation, and taking into account the provisions of the Draft State General Budget Law for the year 2012.

The target distribution criterion approved for the financial year 2012 is as follows:

The cost of hiring the employment promoters regulated in Royal Decree-Law 13/2010, of 3 December, is financed by decreasing the amount allocated to each Autonomous Community in 2011, by 51,81 percent.

As it is about amounts that finance the hiring of staff in the Public Administrations, the percentage of the minorage established in the Royal Decree-Law 8/2010 has been taken into account in the distribution funds. May 10.

The amount to be distributed is entered in the budget application 19.101.241A.451.00 amounting to EUR 23,840,250,00, taking into account the amount of the initial appropriation set out in the Draft Budget State Generals (EUR 23,807,000.00) and the credit transfer approved on 23 April 2012 by the State Employment Public Service with a credit reserve of EUR 33,250,00.

The territorialized distribution by Autonomous Communities of the quoted budgetary application once applied the above criterion, yields the individualized allocation indicated:

Autonomous Community

Assigned Amount

-

Euros

Andalusia

6.866.125

Aragon

781,375

Asturias

897.750

Balearic Islands

315.875

Canary Islands

931,000

Cantabria

282,625

Castilla-La Stain

1.463,000

Castilla y Leon

1.928.500

Catalonia

2.493,750

Valencia Community

1,995,000

Extremadura

1.280.125

Galicia

Madrid

Madrid

847,875

Navarra

349.125

Rioja

133,000

Total

23,840,250

ANNEX II-1

Recruitment of employment promoters for the strengthening of the Public Employment Services

Monthly Minimum Targets

Canary

Castilla y Leon

Autonomous Community

Assigned Jobs

Promoters

Beneficiaries

Business visits

With capabilities

Without capabilities

Total

Andalusia

413

9,637

19.273

2.070

27,533

47

47

1,505

1,505

3,010

60

Principality of Asturias

54

1,890

1,890

3,780

5,400

Balearic Islands

19

665

665

56

1.307

1.307

2,613

285

3,733

Cantabria

17

350

350

700

105

1,000

Castilla-La Mancha

88

2.065

2.065

4.130

435

5,900

116

2.707

2,707

5,413

585

7,733

Catalonia

150

3,500

3,500

7,000

750

Valencian Community

120

4,200

4,200

8,400

 

12,000

Extremadura

77

1,797

1,797

3,593

390

5.133

Galicia

109

3.815

3.815

7.630

10,900

Madrid

88

1,914

1,914

3,827

500

619

619

619

619

1,237

500

1,767

C. F. de Navarra

21

700

700

1,400

15

2,000

The Rioja

8

280

280

560

800

Total

1,434

36,948

36,948

73,896

5,695

105.566

1. The allocation of tasks to be carried out by the persons promoting employment has been carried out on the basis of the information provided by the various Autonomous Communities, since visits to companies have been planned between the tasks to be performed by these people and in others not.

2. Beneficiaries: These are different natural persons served by persons promoting employment in individual or group sessions. A coefficient of 3.5 beneficiaries has been estimated to be served per person promoting employment and day.

3. Business visits: These are considered to be those for the presentation of the service portfolio of the Public Employment Services and, in particular, to the recruitment of supply and the monitoring of the use of public employment portals. The estimate to set the target has been made on the basis of 15 companies per month per person promoting employment.

4. Actions: This is called "actions" to the total of professional meetings that the person promoting employment has maintained with the unemployed in the period analyzed. It's part that a same unemployed person requires more than one performance. It is estimated that every job promoter can perform 5 performances per day.

5. The remaining promoters up to the 1,500 established in the Extraordinary Plan for Guidance, Vocational Training and Employment Integration are not funded by funds mentioned in this standard.

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