The Constitution, in article 149.1.7, states that the State has exclusive competence in matters of labor law, without prejudice to its execution by the organs of the Autonomous Communities.

In addition, Article 149.1.18 of the Constitution attributes to the State exclusive competence on the basis of the legal regime of the Public Administrations and the statutory regime of its officials, which, in any case, ensure that they are treated in common with them.

For its part, Article 12.2 of the Statute of Autonomy of the Basque Country, approved by the Organic Law 3/1979 of 18 December, provides that the Autonomous Community of the Basque Country is responsible for the implementation of the legislation of the Basque Country. State in the field of labour law, assuming the powers and powers currently held by the State in relation to industrial relations; it also has the power to organise, direct and tutelate, with the high inspection of the State, the services of this one for the execution of the labor legislation, trying that the conditions They are adapted to the level of development and social progress, promoting the qualification of workers and their integral training.

In turn, Article 17 (3) and the seventh additional provision of Law No 42/1997 of 14 November 1997, which is the order of the Labour and Social Security Inspectorate, provide for the possibility of bilateral agreements to be concluded between the organic membership of officials of the Labour and Social Security Inspectorate, in accordance with the procedures laid down in the respective Autonomy Statute for the transfer of services.

The Autonomous Community of the Basque Country shall exercise its competence in respect of matters of the social order which have been transferred and for these purposes, in accordance with Law 42/1997 of 14 November 1997, the Inspectors and Subinspectors transferred will become organically dependent on the Autonomous Community and will act under the functional dependency of the relevant competent administration in each of the areas of its action.

Finally, the second transitional provision of the Statute of Autonomy for the Basque Country and Royal Decree 2339/1980 of 26 September, establish the form and procedure to which the transfer of services of the Basque Country the State Administration to the Autonomous Community of the Basque Country.

The Joint Committee provided for in the second transitional provision of the Statute of Autonomy for the Basque Country adopted, at its meeting of 22 June 2011, the agreement for the transfer of functions and services to the Autonomous Community The Basque Country in the field of Public Service Inspectorate of Labour and Social Security, whose practical virtue requires its approval by the Government through royal decree.

In its virtue, in compliance with the provisions of the second transitional provision of the Statute of Autonomy for the Basque Country, on the proposal of the Minister of Territorial Policy and Public Administration and prior deliberation of the Council of Ministers at its meeting on 24 June 2011,

DISPONGO:

Article 1.

The Agreement of the Joint Committee provided for in the second transitional provision of the Statute of Autonomy for the Basque Country, for the transfer of functions and services to the Autonomous Community of the Basque Country in respect of the role of the Basque Country Public Inspector of the Labour and Social Security Inspectorate, adopted by the plenary of the said Commission at its meeting on 22 June 2011, and which is transcribed as an annex to this royal decree.

Article 2.

Consequently, the functions and services contained in the agreement of the Joint Commission are transferred to the Autonomous Community of the Basque Country, in the terms and conditions specified therein.

Article 3.

The transfer will be effective from the date indicated in the Joint Commission agreement.

Single end disposition. Entry into force.

This royal decree will be published simultaneously in the "Official Gazette of the State" and in the "Official Gazette of the Basque Country", taking effect the day following its publication.

Given in Madrid, 24 June 2011.

JOHN CARLOS R.

The Third Vice President of the Government

and Minister of Territorial Policy and Public Administration,

MANUEL CHAVES GONZALEZ

ANNEX

Don Antonio López Soto and don Juan Ignacio Urresola Arechabala, Secretaries of the Joint Committee provided for in the second transitional provision of the Statute of Autonomy of the Basque Country,

CERTIFICATE

That a transfer of functions and services agreement to the Autonomous Community of the Basque Country in the field of the Public Service of the Inspectorate of the European Union was adopted at the plenary session of the Joint Committee held on 22 June 2011. Work and Social Security, in the following terms:

A) Constitutional and statutory rules in which the transfer is covered.

The Constitution, in article 149.1.7, states that the State has exclusive competence in matters of labor law, without prejudice to its execution by the organs of the Autonomous Communities.

In addition, Article 149.1.18 of the Constitution attributes to the State exclusive competence on the basis of the legal regime of the Public Administrations and the statutory regime of its officials, which, in any case, ensure that they are treated in common with them.

For its part, Article 12.2 of the Statute of Autonomy of the Basque Country, approved by the Organic Law 3/1979 of 18 December, provides that the Autonomous Community of the Basque Country is responsible for the implementation of the legislation of the Basque Country. State in the field of labour law, assuming the powers and powers currently held by the State in relation to industrial relations; it also has the power to organise, direct and tutelate, with the high inspection of the State, the services of this one for the execution of the labor legislation, trying that the conditions They are adapted to the level of development and social progress, promoting the qualification of workers and their integral training.

In turn, Article 17 (3) and the seventh additional provision of Law No 42/1997 of 14 November 1997, which is the order of the Labour and Social Security Inspectorate, provide for the possibility of bilateral agreements to be concluded between the organic membership of officials of the Labour and Social Security Inspectorate, in accordance with the procedures laid down in the respective Autonomy Statute for the transfer of services.

The Autonomous Community of the Basque Country shall exercise its competence in respect of matters of the social order which have been transferred and for these purposes, in accordance with Law 42/1997 of 14 November 1997, the Inspectors and Subinspectors transferred will become organically dependent on the Autonomous Community and will act under the functional dependency of the relevant competent administration in each of the areas of its action.

Finally, the second transitional provision of the Statute of Autonomy for the Basque Country and Royal Decree 2339/1980 of 26 September, establish the form and procedure to which the transfer of services of the Basque Country the State Administration to the Autonomous Community of the Basque Country.

On the basis of these constitutional and statutory provisions it is appropriate to transfer to the Autonomous Community of the Basque Country the functions and services of the Public Service of the Inspection of Work and Safety Social.

B) Functions and services that are transferred.

1. The Autonomous Community of the Basque Country is transferred to the exercise of the inspector's function in its territorial scope, and the services of the Labour and Social Security Inspectorate, constituted by the organs, officials and material means which contribute to the proper compliance with the rules of the social order in the areas of competence of the Autonomous Community of the Basque Country.

Without prejudice to the necessary coordination and collaboration with the State Administration, it will be up to the Autonomous Community of the Basque Country, in the territorial and material field of its competences, in accordance with the legislation in force, the exercise of the tasks of the inspector, which in any case include:

1. The monitoring and enforcement of the laws, regulations and normative content of collective agreements in the following areas:

1. Work and trade union relations.

2. Prevention of occupational risks.

3. Employment: Placement, employment, occupational and continuing vocational training, temporary work enterprises, placement agencies and integrated services plans for employment, and in collaboration with the General Treasury of Social Security, incentives to the recruitment by way of a scheme of bonuses for social contributions.

4. Any other rules whose surveillance is specifically entrusted to the Labour Inspectorate, whose material competence corresponds to the Autonomous Community of the Basque Country.

2. º Technical assistance comprising:

1. To provide technical information to businesses and workers, on the occasion of the exercise of the inspection function.

2. Provide technical assistance to social security entities and bodies, when requested.

3. To report, assist and collaborate with other public administrations bodies with regard to the application of social order standards or to the monitoring and control of aid and public subsidies.

4. To issue the reports obtained from the competent judicial bodies, in the field of inspection functions and powers, where this is established by a legal standard.

3. º Arbitration, reconciliation, and mediation in the following scopes:

1. Conciliation and mediation in conflicts and strikes when it is accepted by the parties, without prejudice to the provisions of the Law on Labour Procedure.

2. Arbitration, at the request of the parties, in labor disputes and strikes, or others expressly requested.

2. The functions and services which, in the territorial sphere of the Autonomous Community of the Basque Country, are carried out by the State Administration in relation to the officials, are transferred, integrating the Higher Body of Labour Inspectors and Social Security and the Body of Subinspectors of Employment and Social Security, become organically dependent of the Autonomous Community, in accordance with the national character of both Bodies and the principles of single and single-call and single-call mobility between administrations.

Such basic characteristics are compatible with the exercise by the Autonomous Community of the Basque Country of its functions on the processes of entrance, selection, training, improvement, specialization, provision of posts and disciplinary arrangements, with the exception of the penalty for the separation of service. Both administrations need to work together for the purpose of determining the general aspects of access, selection tests and any other issues related to them. They must also agree on ways to ensure the effective implementation of these agreements and for the coverage of vacant places to be established by the Autonomous Community of the Basque Country.

The mobility between administrations and the processes of the provision of posts of inspectors and sub-inspectors in the State as a whole, will be compatible with the call, by the Autonomous Community of the Basque Country, of processes for the provision of internal posts in the territory of the Autonomous Community of the Basque Country.

The collaboration between the two administrations in the aspects mentioned in this section will be carried out in the terms set out in the supplementary agreement number 1.

3. In accordance with the applicable rules, the transfer will be carried out on the basis of a single and integral conception of the Labour and Social Security Inspection System, the principle of the unity of function and action of the officials of the system and of the principle of effectiveness in the execution of the inspector function.

Inspectors of Labour and Social Security and the Subinspectors of Employment and Social Security, in the field of their respective faculties and competences, may conduct research activities and adopt inspection measures in all matters of the social order, even if they fall within the competence of an administration other than that of its organic dependence. Correlatively, officials of the Inspection System will have to give full compliance to the services entrusted, taking the measures that correspond within their scope of powers and competences, regardless of their dependence. organic, as established in the collaboration agreements.

For their part, the processing and resolution of the penalty procedures for violations in the social order or the settlement of quotas to the Social Security corresponds to the competent administration for the reason of the matter.

4. The IT resources of the Labour Inspectorate for the tasks which are the subject of the transfer, as well as the information and data relating to the matters falling within its competence, are transferred to the Autonomous Community of the Basque Country. For this purpose, the Autonomous Community of the Basque Country is responsible for the management of such computer resources, without prejudice to the coordination and cooperation measures to ensure the existence of a single database. all information, as provided for in the Supplementary Agreement number 3.

C) Functions and services that continue to correspond to the State Administration.

The General Administration of the State reserves the following functions:

1. The legislation on the public function inspector of labor and social security, in the terms provided for in article 149.1.7., 17. and 18. of the Spanish Constitution.

2. The negotiation and conclusion of international instruments in the field of the Labour and Social Security Inspectorate and representation in the fields of the European Union or in any international, bilateral or multilateral fora, referred to the Labour and Social Security Inspectorate, without prejudice to the powers and powers recognised in the Statute of Autonomy of the Basque Country.

3. The compilation and publication of statistics, reports and reports on the general performance of the system of labour inspection and social security, as well as the reports and memories required by the legislation or treaties or international conventions signed by Spain, in accordance with the information provided by the Autonomous Community of the Basque Country in respect of the work of the Labour Inspectorate in that Autonomous Community. Without prejudice to this, the Autonomous Community of the Basque Country shall maintain the necessary powers for the production and publication of statistics, reports or reports on actions relating to the work order for which it is responsible corresponds.

4. The exercise of the tasks of the inspector in respect of the matters of the social order competence of the General Administration of the State, without prejudice to the necessary coordination and collaboration with the Autonomous Community, in the terms that are established for collaboration between the two administrations in the following section (institutional arrangements for cooperation).

5. The instruction and the resolution of the procedures corresponding to the matters of the social order competence of the General Administration of the State.

6. Coordination of the implementation of the campaigns to be undertaken by the European Union, and of the actions of the Labour and Social Security Inspectorate in the field of transnational provision of services. In addition, the coordination of the activities of the inspectorate of a supra-regional character, in the terms of the general legislation and the regulations of the Inspectorate of Labour and Social Security and with the scope that corresponds to it according to the exclusive competence of the State on labour law.

7. The establishment, in coordination with the Autonomous Community of the Basque Country, of the common formats and standards that ensure interoperability, safety, conservation and standardisation of information in relation to management electronic procedures. Also, the maintenance and administration of a database in which the information of the System of Labour and Social Security Inspectors is consolidated in the State as a whole, as set out in a supplementary agreement number 3.

d) Institutional formulas for cooperation.

In the framework of the principles which inspire the present transfer referred to in paragraph (B) 3, the institutional cooperation in the territorial area of the Autonomous Community of the Basque Country is guaranteed, the effective exercise of the an inspector and his/her performance in all matters of the social order through a collaboration agreement between the two administrations.

The convention will contain at least forecasts for the following points with detailed development in Supplementary Agreement number 2.

1. Bilateral cooperation mechanism.

The collaboration agreement must ensure a mechanism of bilateral cooperation between the State Administrations and the Autonomous Community of the Basque Country, articulated by a consortium or other similar mechanism. ensure the effective and coordinated provision of the public service of labour inspection and social security, without prejudice to the powers of each administration.

2. Collaboration to ensure the effectiveness of the principle of unity of function and action in all areas of social order.

The collaboration agreement should incorporate measures of action in the joint and coordinated social order, as well as criteria for its organization and operation, in order to guarantee the effectiveness of the principle of function and performance unit.

In the bilateral cooperation body, general criteria will be established for the distribution of service orders and for the performance of inspection activities derived from initiatives, plans or programs. common.

3. Inspection plans and programmes.

The General Administration of the State and the Autonomous Community of the Basque Country may establish and modify plans or programs of inspection within its material competence. These plans will be integrated into the planning and programming of the bilateral cooperation mechanism.

Without prejudice to each Administration's own inspection plans and programmes, joint inspection plans and programmes may be agreed for the achievement of common objectives, as well as criteria for their implementation.

The convention will also collect the forecasts for collaboration in relation to the unit of entry and provision of posts, as well as those related to the collaboration on information of the Labour Inspectorate and Social security, in accordance with the provisions of the respective supplementary agreements.

E) Goods, rights, and obligations of the state that are transferred.

1. The goods, rights and obligations of the Inspectorate of Labour and Social Security are transferred to the Autonomous Community of the Basque Country, corresponding to the services transferred and detailed in the relations numbers 1 and 2.

2. Within two months of the effectiveness of this agreement, the corresponding minutes of delivery and receipt of furniture, equipment and inventoried material shall be signed.

3. The Autonomous Community of the Basque Country assumes the legal position held by the State Administration in the buildings listed in the ratio number 1. In relation to these buildings and in accordance with the percentages of participation set out in the supplementary agreement number 4, it shall take care of all necessary repairs in order to preserve them, carry out the works of (a) improvement as it deems appropriate, as well as the fulfilment of the tax obligations affecting such buildings from the date of effectiveness of the transfer. The common costs of such buildings shall be apportioned in proportion to the criteria laid down in the said supplementary agreement.

4. The Autonomous Community of the Basque Country is subrogated in the position held by the State Administration in the corresponding part of the contracts for the leasing of premises, as well as in the service contracts, under the conditions of shared use which are included in the Supplementary Agreement number 4.

F) Personal means that are transferred.

1. The staff and vacant posts assigned to the services that are transferred are listed in the ratio number 3 and will become dependent on the Autonomous Community of the Basque Country in the terms legally provided for by the Statute of Autonomy for the The Basque Country and other rules in each applicable case and in the same circumstances as specified in their personnel files.

2. The Ministry of Labour and Immigration will notify those interested in the transfer. In addition, a certified copy of all the files of such staff transferred to the competent authorities of the Autonomous Community of the Basque Country shall be forwarded to the competent bodies of the Autonomous Community of the Basque Country, as well as the certificates of haberes referring to the quantities of accrual during 2011.

3. The incorporation into the Autonomous Community of the Basque Country of the staff that is transferred and that is participating in any process of provision, promotion or consolidation that has been initiated before the date of effects of the transfer will be realized in the terms resulting from its implementation and in accordance with the specifications set out in the Supplementary Agreement number 7 of this Agreement.

4. The vacant posts that are transferred are given in the attached ratio number 3.3.

5. In the event that corrections or corrections are necessary in respect of the staff relations, it shall be carried out, after finding by both administrations, by means of certification issued by the Secretariat of the Commission. Mixed.

G) Budgetary credits affected by the transfer.

The total annual cost at the State level associated with this transfer of functions and services from the State Administration to the Autonomous Community of the Basque Country in the financial year 2011 is collected in relation number 4.

H) Transfer effectiveness date.

The transfer of functions and services covered by this agreement will be effective from 1 January 2012.

And for the record, this certification is issued in Vitoria-Gasteiz, on June 22, 2011. -The Secretaries of the Joint Commission, Don Antonio López Soto and don Juan Ignacio Urresola Arechabala.

NUMBER 1 RELATIONSHIP

Relation 1.1 Locals of which the State Heritage is incumbent, affected to the Ministry of Labour and Immigration, occupied by the Labour and Social Security Inspectorate, which are subject to transfer.

Province

Address	M2 that are
Vitoria-Gasteiz (Alava).	C/ General Alava, 10, plta. 2. ª, local 1 and 22.	547.81
Vitoria-Gasteiz (Alava).	C/ General Alava, 10, plta. 3., local 2 and 3.	382.00

Relationship 1.2 Local of the Union Heritage, (integrated into the State Heritage, according to article first. 2 of Law 4/1986, of 8 January), which are not subject to transfer.

Province	Address	M2 that Bilbao (Vizcaya
	C/ Gran Via Diego Lopez de Haro, 50. Plants 1, 2, and 3.	1.303.00

Where it is necessary to make corrections or adjustments in the identification of the goods of the relations numbers 1.1 and 1.2, the same shall be carried out by means of certification issued by the Secretariat of the Joint Committee.

Ratio 1.3 Local leased affected by the handover.

Province	Lessor	Address	M2 table headlines"> 2	Amount (€) per move rent year-end.
San Sebastian (Guipuzcoa)	General Treasury of the Social Seg.	C/ Podavines, 1, plta. 4. ª and half of the 3.	766.00	34,917.06
Vitoria-Gasteiz (Alava).	BMK, S.L. Const. Technique, S.L.	C/ General Alava, 10, plta. 3. ª, local 4 and 5.	134.10	17.236.39
Vitoria-Gasteiz (Alava).	D. ª Herminia Camuesco Vergara.	C/ General Alava, 10, pzas. of garage n.os 57 and 59.	1 garage square	1,002.73
Totals			900,10	53.156.18

In the event that it is necessary to make corrections or adjustments in the identification of the goods in relation number 1.3 object of transfer, the same shall be carried out by means of certification issued by the Secretary of the Joint Committee.

NUMBER 2 RELATIONSHIP

Relationship of services contracts in place in the premises occupied by the ITSS in the Basque Country maintenance, cleaning and surveillance

Subrogation of the Autonomous Community of the Basque Country in the corresponding part of the contracts that are related

.	Concept	Company	Proceed.	I. initial	IPC/IVA/ mod	Year 2010	Year 2011	Amount (2012)	Year 2013	Start Date	End Date
Alava and Vizcaya.	Seg. and surveillance *.	ESABE SURVEILLANCE, S.A.	Proceed.	582.513.37	8.369.44	179.385.10	202.135.90	101.277.82	16.879.64	1-1-10	31-12-12
Alava, Guipuzcoa, and Vizcaya.	Cleanup.	SOLDENE, S.A.	Proceed. open.	434.889.00			265.765.50	84.561.75		1-1-11	30-06-12
Vizcaya.	Lifts.	Orona. Cooperative Soc.	Negoc.	12.975.28			8.650.19	2.162.54		1-4-11	31-03-12

Where it is necessary to make corrections or adjustments to the identification of the contracts for the number 2 transfer object, they shall be carried out by means of certification issued by the Secretary of the Joint Committee.

Here are several images in the original. See the official and authentic PDF document.

NUMBER 4 RELATIONSHIP

Total annual cost at the state level

Allocations year 2011

		Euro 2011
19.01.291 A	Cap 1	67.378.120.00
19.01.291 A	Cap 2	3.766.225.00
19.01.291 M	Cap.1	902.146.91
19.01.291 M	Cap 2	6.591.658.70
19.01.291 M	Cap. 6	658.146.16
		79.296.296, 77