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Order Ess/1726/2012, 2 August, That Amending The Order Tas/718/2008, Of 7 March, Which Develops The Royal Decree 395/2007, Of 23 March, Which Regulates The Subsystem Of Vocational Training For Employment, Materi...

Original Language Title: Orden ESS/1726/2012, de 2 de agosto, por la que se modifica la Orden TAS/718/2008, de 7 de marzo, por la que se desarrolla el Real Decreto 395/2007, de 23 de marzo, por el que se regula el subsistema de formación profesional para el empleo, en materi...

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Royal Decree 395/2007 of 23 March 2007, which regulates the vocational training subsystem for employment, provides for the training of supply, which is understood as one which aims to facilitate the employment of workers. and the unemployed, a training tailored to the needs of the labour market which meets the requirements of the competitiveness of enterprises, while meeting the aspirations of professional promotion and the personal development of workers, training them for the qualified performance of the different professions and for access to employment.

The recent Law 3/2012, of July 6, of urgent measures for the reform of the labor market, has modified some articles of the Royal Decree, recognizing the centers and institutions of formation duly accredited the the possibility of implementing the training plans aimed primarily at the employed. Similarly, it mandates the Public Employment Services to set priorities in relation to the training actions to be carried out, from a bet on the most innovative productive sectors and promoting the promotion of a new model productive.

This regulatory change requires that the corresponding amendment be made to Order TAS/718/2008, dated 7 March, for which Royal Decree 395/2007 of 23 March 2007, which regulates the subsystem of the Professional training for employment, in the field of supply training, in order to meet the requirements of Law 3/2012 of 6 July 2012.

One of the aspects to be amended in Order TAS/718/2008, of 7 March, is the possibility that properly accredited training centres and institutions will benefit from grants for the financing of the training schemes aimed primarily at the employed. This regulation has already been established in the eighth final provision of the Royal Decree-Law 3/2012 of 10 February, of urgent measures for the reform of the labour market, although for reasons of technical regulations it has not been included in Law 3/2012, of 6 of July, which replaces the Royal Decree-Law. Therefore, in order to maintain the congruence with the modification of Royal Decree 395/2007 of 23 March, previously mentioned, and for legal certainty, the amendment of Order TAS/718/2008 of March 7, in respect of the condition of beneficiaries of the designated training centres and institutions.

In addition, the experience gained in managing the offer training initiative over the years since the approval of Order TAS/718/2008 of 7 March, as well as the recent budgetary adjustments As a result of the current economic crisis, it is advisable to make amendments to the same that reinforce the principles of effectiveness and efficiency in this field of vocational training for employment, which affects the determination of (a) the cost of training, the requirements for certification and training, and to provide for the processing of grants for this type of training of greater agility, objectivity and transparency.

Without prejudice to the normative changes in training for employment that are going to be undertaken to adapt them to the principles set out in the recent Law 3/2012, of 6 July, this order represents an advance in the field of training. organisation of training and reinforces the principles of transparency, concurrency and assessment in the management of training actions for employment.

This order is issued under Royal Decree 395/2007 of 23 March 2007 and the enabling of the Minister for Employment and Social Security to dictate how many rules are necessary for their development and implementation.

In the process of drafting this order, the most representative business and trade union organizations have been consulted, informed the Sectoral Conference of Labor Affairs and has issued a report on the State's advocacy in the Department, as well as the Delegated Intervention of the State General Intervention in the Public Service of State Employment.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Single item. Amendment of Order TAS/718/2008 of 7 March 2007, for the development of Royal Decree 395/2007 of 23 March 2007 governing the subsystem of vocational training for employment, in the field of supply training and establishing the regulatory bases for the award of public grants for funding.

Order TAS/718/2008, dated 7 March, for which Royal Decree 395/2007 of 23 March 2007, which regulates the vocational training subsystem for employment, in the field of supply training, is established and the regulatory bases for the award of public grants for funding, as follows:

One. Paragraph 1 of Article 3 (1) shall be read as follows:

" 1. Without prejudice to the powers of the Autonomous Communities in their respective fields of action, they shall be beneficiaries of the grants for the financing of training schemes aimed primarily at employees. the most representative and representative employers ' and trade unions in the sector of activity, as well as the joint entities created or covered by the collective bargaining agreement between the State and the Member States. duly accredited and registered training centres and institutions, as referred to in the Article 24 (2) and (3) of Royal Decree 395/2007 of 23 March 2007. '

Two. Article 6 (2) is worded as follows:

" 2. These are priority training areas aimed at anticipating the qualification needs of the new production model and those aimed at developing the most innovative sectors. The competent authority shall establish such areas in the relevant calls. In any case, priority areas are considered those related to the internationalization of the company, the entrepreneurship, the innovation and the technological development of the productive processes. "

Three. Article 8 is worded as follows:

" Article 8. Training and accreditation of training.

1. Training aimed at obtaining certificates of professionalism may be provided in person, by tele-training or in a mixed manner, in accordance with the provisions of Royal Decree 34/2008 of 18 January 2001 on the certificates of professionalism, and will be accredited in accordance with the provisions of the Organic Law of 19 June of 19 June, of Qualifications and Vocational Training, Article 11 (1) of Royal Decree 395/2007 of 23 March 2007 and of the Royal Decree of 23 March 2007. Decree 34/2008 of 18 January and other rules governing the issue of certificates of origin professionalism.

The competent public authorities will ensure, through the centres accredited for these purposes and, in particular, through the Integrated Vocational Training Centres, that in their respective areas the Training should include training for certificates of professionalism which they determine taking into account the training needs demanded by firms and workers in these fields. In addition, pursuant to Article 2.3 of Royal Decree 229/2008 of 15 February 2008, which regulates the national reference centres in the field of vocational training, the national reference centres may carry out training actions for employed and unemployed workers, related to innovation and experimentation in vocational training, linked to the National Catalogue of Professional Qualifications.

To be accreditable, the minimum training to be carried out must correspond to complete training modules. The modular training carried out should provide for the necessary evaluation process, in order to verify the learning outcomes and, consequently, the acquisition of professional knowledge and skills.

2. Where the training is not aimed at obtaining certificates of professionalism, the certificate of assistance or diploma referred to in Article 11 (2) of Royal Decree 395/2007 of 23 March 2007 shall be submitted to each participant in the at least the name of the training action, the training contents, the mode of delivery, duration and period of delivery shall be recorded.

The issue and delivery or referral to the participants of the certificates and diplomas referred to in this paragraph shall be carried out in accordance with the provisions of the competent public administration.

3. When training is carried out in whole or in part by tele-training, this mode of delivery must be carried out through a virtual learning platform that ensures the management of the content, a learning process systematised for the participants and the monitoring and evaluation of the participants. The impartition must have an appropriate methodology for this modality, complemented with tutorial assistance, and must meet the accessibility and design requirements that are established by the competent administration in the regulation of the certificates of professionalism.

Tutor-trainers who provide training in tele-training will have training or experience in this mode. In the case of training linked to certificates of professionalism, they must also comply with the specific requirements laid down for each certificate of professionalism. "

Four. The first subparagraph of Article 9 (1) is worded as follows:

" 1. The grant of grants shall be made in accordance with the provisions of Law 38/2003 of 17 November. The concession procedure shall be carried out under competitive competition, except in the cases of direct concession referred to in that law, in compliance with the principles of objectivity, equality, transparency and publicity. "

Five. Article 12 (1) (a) is hereby worded as follows:

" a) Adequation of the training offer to the priority actions/areas defined by the State Employment Public Service or the Public Employment Services of the Autonomous Communities, without prejudice to those identified by the Sectoral Joint Committees, pursuant to Article 22 (3) and (4) and Article 24 (1) of Royal Decree 395/2007 of 23 March 2007. '

Six. The second subparagraph of Article 12 (3) is worded as follows:

" If workers are to be abandoned, other workers may be incorporated into training instead of those. This substitution shall be permitted provided that it occurs before 25% of the duration of the training action is reached, except in the case of training activities linked to certificates of professionalism, in which case it shall be admissible only the substitution, provided that this percentage has not been exceeded, if it occurs during the first five reading days from the beginning of the training action. "

Seven. Article 13 (2) is worded as follows:

" 2. Once the granting decision has been passed, the beneficiary may request the amendment of the grant. Such a change must be based on circumstances which have occurred during the period of the implementation of the subsidised activity and are to be formalised immediately after the date of implementation of the activity and, in any event, before the end of the said period execution.

Changes affecting exclusively the number of participants in the training actions shall not apply to them as provided for in this paragraph, provided that it does not imply a minorization of the technical assessment obtained in the grant application.

The modification requests will be submitted to the instructor body and will be resolved by the grant body. In any event, the amendment may be authorised only if it does not harm third-party rights.

The granting body shall issue a resolution accepting or rejecting the proposed amendment within one month from the date on which the application has entered the register of the body responsible for processing. After that period has elapsed without any express resolution, the request may be deemed to be rejected. Resolutions may be rolled back to the moment at the time of the submission of the request for amendment. '

Eight. Article 17 (2) and (3) shall be worded as follows:

" 2. The Autonomous Communities and the State Employment Public Service, in their respective fields of competence, may, through the corresponding calls, allow subcontracting, in whole or in part, by the beneficiary entities, of the completion of the training activity, for one time and in the terms established in this order. The recruitment of teaching staff for the delivery of subsidised training by the beneficiary shall not be considered to be subcontracting.

The beneficiary must have own resources for the programming and coordination functions of the training plan, assuming, in any case, responsibility for the implementation of the subsidised activity against the Public administration should ensure that the functions of the monitoring and control bodies are carried out in a satisfactory manner, both as the subcontractor and the subcontractor.

3. In the case of subcontracting, the beneficiary shall, in accordance with Article 29 (3) and (7) (d) of Law 38/2003 of 17 November, apply for the prior authorisation of the granting authority. To this end, the contract to be concluded shall be accompanied by the said application.

The granting authority shall decide the authorization within 20 days from the date on which the application has entered the register of the body responsible for processing; otherwise the same. "

Nine. Article 33 (5) is hereby worded as follows:

" 5. The entities responsible for implementing the training plans referred to in Chapter II of this order shall carry out an assessment and control of the quality of the training they carry out. The calls shall determine the basic criteria and indicators for that assessment as well as the part of the grant for this purpose and the size of the representative sample to be assessed by the training groups to be delivered. '

Ten. The additional second provision is worded as follows:

" Additional Disposition Second. Collegiate body.

The composition of the collegiate body provided for in Article 22.1 of Law 38/2003 of 17 November shall be determined in the corresponding rules of call. "

Once. Paragraph 2 of Annex I is worded as follows:

" 2. With regard to the evaluation and quality control actions of the training referred to in Article 33.5, the corresponding calls shall determine the part of the grant which the beneficiary must allocate to the beneficiary. purpose ".

Twelve. Annex II is worded as follows:

" Financing costs and imputation criteria

1. Direct costs of training activity:

(a) The remuneration of internal and external trainers, including salaries, social insurance, allowances and locomotion costs and, in general, all costs attributable to trainers in the exercise of their activities preparation, delivery, mentoring and evaluation to participants in training actions.

These expenses shall be duly reported for hours dedicated to the activity to be charged.

(b) depreciation costs for teaching equipment and technology platforms, calculated on the basis of depreciation criteria accepted in the accounting rules, as well as the rental or leasing of such equipment, excluding their interests, supported in the execution of the training actions.

These expenses shall be duly broken down by training action and shall be charged for the number of participants in the case of individual use of the equipment or platforms.

(c) Expenditure on teaching aids and/or acquisition of teaching materials, as well as expenses on consumables used in the performance of training actions, including protection and safety material. Also, in the case of tele-training, the costs attributable to the means of communication used between trainers and participants.

These expenses shall be duly broken down by training action and shall be charged for the number of participants in the case of individual use of the equipment or platforms.

(d) The costs of renting, leasing, excluding their interest, or depreciation of the classrooms, workshops and other areas used in the development of the training.

These expenses shall be duly broken down by training action and shall be charged for the duration of the action.

Amortization expenses will be calculated according to generally accepted accounting standards, the method of amortization being applicable according to the tables approved by the Corporate Tax Regulation.

e) Participant accident insurance expenses.

These expenses must be presented broken down by training action and their allocation will be made by the number of participants.

f) Expenditure on transport, maintenance and accommodation for employed workers participating in training activities, subject to the limits laid down in Order EHA/3771/2005 of 2 December 2005, for which the amount of the expenses for locomotion and allowances in the Income Tax of the Physical Persons.

These expenses must be duly broken down by training action and their imputation will be made by the number of participants.

g) Advertising expenses for the organization and dissemination of training actions.

These expenses should be presented appropriately broken down by training action.

2. Associated costs of training activity:

a) The costs of both internal and external support personnel and all necessary for the management and execution of the training activity.

(b) Financial expenses directly related to the activity supported and which are indispensable for the proper preparation or execution of the activity. The debtor interests of the bank accounts shall not be eligible.

c) Other costs: Light, water, heating, courier, mail, cleaning and surveillance, associated with the execution of the training activity.

In accordance with Article 31 (9) of Law 38/2003 of 17 November, these costs will have to be imputed by the beneficiary to the activity subsidised in the part that is reasonably appropriate in accordance with the generally accepted accounting principles and standards and, in any event, to the extent that such costs correspond to the period in which the activity is actually carried out.

The sum of the associated costs shall not exceed 10% of the costs of the training activity, except for training actions directly linked to the implementation of the priority actions referred to in paragraph 2. Article 6 of that order, in which case it may be extended by up to 15% of those costs. This percentage may also be extended to 15% of those costs where the beneficiary of the grant does not subcontract the performance of that activity.

For the purposes of this paragraph, in the training plans aimed primarily at the employed workers, these associated costs shall be understood as referring to the plan as a whole, excluding costs. provided for in paragraph 3 of this Annex.

3. Other eligible costs:

(a) The costs of assessment and control of the quality of the training, as provided for in Article 33.5 and in Annex I (2).

b) In the event that the supporting account is made with the auditor report in accordance with the provisions of Article 74 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006, of 21 July, the costs arising from the implementation of that report shall be eligible, with the part of the grant for this purpose establishing itself in the call for this purpose only if the said report is required for the payee.

Calls shall establish the terms and conditions for the performance, imputation and justification of these costs.

4. The competent public authorities may set economic limits for each or any of the expenditure referred to in paragraph 1 of this Annex.

5. In any event, the eligible costs provided for in this Annex must be met by actual costs actually incurred, paid and justified by invoices or accounting documents of equivalent probative value. "

Single end disposition. Entry into force.

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

Madrid, 2 August 2012. -Minister of Employment and Social Security, Fatima Banez García.