I

Unemployment is the most serious problem in the Spanish economy. Improving the employment situation in our country is a shared and indispensable objective for the Government, the Autonomous Communities and the Social Partners. To this end, it is necessary to continue to move towards robust economic growth that translates into a level of job creation that is capable of reducing the number of unemployed people, so it is urgent to address a reform of active policies. of employment.

In this context, on 2 February 2011, the Government and the Social Partners have signed the Social and Economic Agreement for growth, employment and the guarantee of pensions, which addresses, among other measures, such a reform. of active employment policies, which will contribute to the improvement of the labour market and to the greater employability of those seeking employment.

The lines agreed on this reform, and which are taken into account in the actual decree-law, have as their main objective to improve the efficiency of our employment policies, an objective that is manifested with greater the need and urgency to achieve this in the current economic and employment situation in view of their impact on the functioning and the situation of the labour market.

II

Likewise, the process of job destruction in the Spanish economy, which has brought about the economic and financial crisis, has led to a greater limitation on the effectiveness of current active employment policies and the urgent need for an in-depth reform of these measures, addressed in this real decree-law, with the unrenountable objectives and shared by all the actors involved in the labour market to adapt them to the reality of the labour market and the characteristics of the territory; increase their effectiveness in improving employability and opportunities for the integration of unemployed people, especially young people and long-term unemployed; to respond better to the needs of firms to cover their job vacancies; and to place employment services among the best instruments for the management of human capital in the new, more balanced and productive economic model.

In the design and implementation of the new active employment policies, a number of general principles will need to be present, which are to highlight the equal access to a public and free service of all the citizenship, equal opportunities in access to employment and the priority in the implementation of active employment policies for groups that require it most: young people, with particular attention to those with a training deficit, over 45 years of age, persons with disabilities and persons in long-term unemployment, with particular attention to the situation of women, as well as persons in unemployment from the construction sector, or persons in a situation of social exclusion.

The government wants to place needs and services for people, especially unemployed people, and businesses as a centre of gravity for the reform of active employment policies. The Public Employment Services must provide effective and efficient responses to the needs of companies to cover their job vacancies, as well as in the training of their employees, and should be very close to the unemployed, better understand their needs to improve their employability and support them since they enter unemployment until they find a job, either on their own or outside. A very short term vision must therefore be removed, since active employment policies, on the one hand, must prepare people unemployed to return to the labour market, and this is the urgency of their reform, but on the other hand, they must be able to They must also contribute to the creation of the economic and productive model that is most appropriate to the needs of Spanish society. Therefore, measures must be combined which, in an immediate manner, serve to cater for the unemployed, to provide them with more personal and professional attention but, at the same time, to prepare these people for a scenario. different from the current one due to the emergence of new sectors of productive activity or the demand for a higher professional qualification.

On the other hand, there must be a better fit between the competition rules on active employment policies, which corresponds to the State, with that of its implementation, which corresponds to the Autonomous Communities, while preserving, time, unity in the care of people in unemployment, since the treatment these people receive should not be substantially different depending on the territorial area in which they live. This can be achieved through the establishment of a catalogue of common services, as well as a Spanish Employment Strategy which sets the objectives to be achieved. In this context, it is necessary for each Autonomous Community to be free to set its own active employment policy programmes in such a way that they are better suited to the reality of the unemployed and the productive fabric of the same.

To this end the measures for the reform of the active policies of employment contained in this royal decree-law are directed, and that, for the purposes of greater clarity and systematization, have been grouped in four chapters that guide on the basic lines of the reform.

Chapter I introduces amendments to the general rules of employment policy, of which active employment policies are an essential instrument, together with the employment intermediation and the relationship between those with the benefits of the system of protection for unemployment. In particular, the implementation of the Spanish Employment Strategy, which will ensure equal access, social cohesion and complementarity between the market unit and territorial diversity, and the Annual Employment Policy Plan, will be incorporated into this strategy. in which it will be completed annually. They are affected by the changes, the objectives of the employment policy, and the territorial dimension of the employment policy.

Chapter II emphasizes the strengthening of the Public Employment Services within the framework of the National Employment System. In this respect, the measures contained in this chapter will contribute to the strengthening of the bodies of territorial cooperation and institutional participation of the National Employment System, as well as its instruments of coordination, one of the what the Spanish Employment Strategy is. On the other hand, the measures put forward for the strengthening of the Public Employment Services tend to improve the planning, management and evaluation of active employment policies.

Within Chapter III, two priority areas of the government are dealt with in the reform of active employment policies. On the one hand, the establishment of a "catalogue of services to the public", common to all Public Employment Services, in such a way as to ensure that equal access to a public and free employment service is guaranteed throughout the State. and equal opportunities in access to it. On the other hand, the development of a model of personalized attention to people in a situation of unemployment based on an "individual and personalized itinerary of employment", so that they have the support and the attention of the Public Services Employment in your job search. This is a priority in the implementation of active employment policies for certain groups that require them most.

Finally, Chapter IV focuses its actions on the nuclear line of reform, that is, on the in-depth transformation of current active employment policy programmes and the redefinition of their content and development. to make them more useful for unemployed people. Progress is made in identifying the different areas of active employment policies to be covered by the Autonomous Communities, with the actions and measures they themselves establish, according to their specific needs and circumstances. respective territories, placing the emphasis on both the final objectives and the instruments to achieve them. It is also evolving from the concept of programmes to services to citizens and businesses, overcoming the current limitation of the management of active policies to calls for aid.

The articulation of the measures contained in each of these chapters has, in essence, been carried out through a modification of the main regulatory framework for active employment policies, constituted by Law 56/2003, of 16 December, Employment. Complementing the above, and in coherence with certain changes introduced in the Law, an amendment is made to Article 17 of the recast of the Law on Infringements and Sanctions in the Social Order, approved by Royal Decree Legislative 5/2000 of 4 August.

Finally, it highlights an important novelty that contains this norm, which is the constitution, within the Public Service of State Employment, of a "Fund of employment policies", whose purpose is to address the needs future financing in the implementation of the actions and measures that make up the active employment policies. The final provision regulates its financing and operating arrangements, and a Management Committee is expressly established to ensure the proper control and management of its economic management.

III

The adoption of measures to reform active employment policies is indeferable; a reform which, as has previously been highlighted, prepares these to contribute to the employability of people, to the best of response to the needs of companies to cover their job vacancies and to place employment services among the best instruments for the management of human capital in the new production model. The fact that these measures have a structural character and a longer effectiveness in time, does not detract from the urgent need to address the aforementioned reform in the economic and labour context in which we are, especially when In the development and implementation of active employment policies, their relationship with emerging sectors, including those with the highest capacity for growth in the rural, strategic and innovative environment in the context of the new economy, will be pursued. sustainable.

Precisely, among the goals pursued with this reform is to contribute to shaping the new economic and productive model, as well as a more efficient and more quality labor market, something that exists a broad agreement to point out that it is only possible to urgently implement reforms such as the one that is being undertaken with the actual decree-law.

Other goals of reform, such as improving people's attention and employability in the labour market, as well as businesses for improving their competitiveness, or promoting entrepreneurial culture and entrepreneurship, As well as improving the care and monitoring of entrepreneurs in the implementation of their business initiative, they are the aims that justify, for themselves, this urgent need for the approval of the reform, to accelerate the effects of the potentially beneficial which, in terms of job creation, may have the new measures in a the moment a certain recovery of the Spanish economy is in sight.

finally, it is worth noting the intense participation that the Autonomous Communities and the Social Partners have had, with their contributions, in the establishment of the bases that have oriented the measures contained in this royal decree-law, which form an essential part of the Social and Economic Agreement signed between the Government and the Social Partners on 2 February 2011, which has been referred to above.

Consequently, the need for the Autonomous Communities to be able to implement rapidly the measures adopted, in order to give immediate compliance to the aims set out, together with the commitment to complete the the first Spanish Employment Strategy, constitute the enabling fact of extraordinary and urgent need that the Constitution requires in its article 86 to approve this royal decree-law.

In its virtue, in the use of the authorization contained in article 86 of the Spanish Constitution, on the proposal of the Minister of Labor and Immigration, and after deliberation of the Council of Ministers at its meeting of February 18, 2011,

DISPONGO:

CHAPTER I

General Employment Policy Standards

Article 1. Objectives of the employment policy.

(h) and (i), in Article 2 of Law 56/2003 of 16 December 2003, of Employment with the following wording:

" h) Provide individualized services to the active population aimed at facilitating their incorporation, permanence and progress in the labor market, as well as companies to contribute to the improvement of their competitiveness.

i) Promoting entrepreneurial culture and entrepreneurship, as well as improving care and support for entrepreneurs in the implementation of their business initiative. "

Article 2. The local dimension of employment policy.

Article 4 of Law 56/2003 of 16 December 2003 on Employment is amended, which is worded as follows:

" Article 4. The local dimension of employment policy.

Employment policies, in their design and management model, will have to take into account their local dimension in order to meet the needs of the territory, so that they support and support job creation initiatives in the local scope.

According to the Constitution, with the Statutes of Autonomy and Law 7/1985, of April 2, Regulatory of the Bases of the Local Regime, the Public Services of Employment of the Autonomous Communities, in execution of the active policy actions and measures, may establish appropriate collaboration mechanisms with local authorities.

Local entities will be able to participate in the process of territorial concertation of active employment policies, by means of their representation and participation in the institutional participation bodies at the regional level.

The Public Employment Services of the Autonomous Communities will be responsible for moving the territorial dimension of active employment policies into the framework of the National Employment System and for determining, where appropriate, the representation of the local authorities in the institutional participation bodies at the regional level. "

Article 3. Spanish Employment Strategy and Annual Employment Policy Plan.

One. Article 4a is added to Law 56/2003 of 16 December of Employment, with the following wording:

" Article 4a. Spanish Employment Strategy.

1. In the exercise of the powers defined in Article 3.1, the Government, acting on a proposal from the Ministry of Labour and Immigration, shall adopt the Spanish Employment Strategy, which shall be drawn up in collaboration with the Autonomous Communities and with the Participation of the most representative employers ' and trade union organisations, the Sectoral Employment and Labour Affairs Conference will be reported, and will be submitted for consultation and report of the General Council of the National Employment System.

2. The Spanish Employment Strategy will include the following elements:

a) Analysis of the situation and trends of the labour market.

(b) Guidelines and objectives to be achieved in the field of employment policy for the State as a whole and for each of the Autonomous Communities. The objectives in the field of active employment policy shall relate to the areas defined in Article 25

Also, those actions and measures that are applicable to the State as a whole will be identified.

c) A system of quantitative and qualitative indicators that allow the monitoring of the objectives and their degree of compliance.

d) Indicative budgetary allocation which will include funds from the General Budget of the State, the European Social Fund and, where appropriate, other sources of funding.

3. The Spanish Employment Strategy, in order to more fully reflect all active employment policies in the State as a whole, will include the information corresponding to the actions and measures of these policies which are Autonomous Communities carry out their own economic resources.

4. The Spanish Employment Strategy shall have a multiannual character in the terms set out therein. In order to achieve its permanent improvement and, where appropriate, its review or update, it shall be subject to an annual assessment. '

Two. Article 4b is added to Law 56/2003 of 16 December of Employment, with the following wording:

" Article 4 ter. Annual Employment Policy Plan.

1. The Annual Employment Policy Plan will concretize, on an annual basis, the objectives of the Spanish Employment Strategy to be achieved in the State as a whole and in each of the different Autonomous Communities, as well as the indicators to be used. to understand the degree of compliance with them.

In order to achieve these objectives, it will also contain the actions and measures of active employment policies that are proposed to be carried out, both the Autonomous Communities in the exercise of their powers of implementation of the policies active, such as the State Employment Public Service in execution of the credit reserve established in its expense budget.

2. The Annual Employment Policy Plan will be drawn up, taking into account the forecasts made by the Autonomous Communities and the State Employment Public Service, within the Sectoral Conference on Employment and Labour Affairs, which will be reported by the General Council of the National Employment System, as referred to in Article 7.1.b), and shall be approved by the Council of Ministers together with the formalisation of the objective criteria for the distribution of the employment funds referred to in Article 14. "

CHAPTER II

Strengthening Public Employment Services within the framework of the National Employment System

Article 4. The National Employment System.

One. Article 6 (h) of Law 56/2003 of 16 December 2003 on Employment with the following wording is added:

"(h) Strengthen the Public Employment Services and promote public-private collaboration in the employment intermediation and the development of active employment policies."

Two. Article 7 of Law 56/2003 of 16 December 2003 on Employment is amended as follows:

" Article 7. Organs of the National Employment System.

The organs of the National Employment System are:

(a) The Sectoral Conference on Employment and Labour Affairs, which is the general instrument for collaboration, coordination and cooperation between the State Administration and the Autonomous Communities in the field of employment and especially in relation to the Spanish Employment Strategy and the Annual Employment Policy Plan.

(b) The General Council of the National Employment System, which is the consultative body for institutional participation in employment policy. The Council shall be composed of a representative of each of the Autonomous Communities and of equal numbers of members of the General Administration of the State, of the business organizations and of the most representative trade union organizations. For the adoption of agreements, the votes of the employers ' organizations and the trade union organizations will be weighted so that each of these two representatives will have the same weight as the representatives of both organizations. Administrations, thus maintaining the tripartite nature of the Council. Regulations will be determined in line with those attributed to the National Employment System by Article 9 of this Law, including the consultation and report of the Spanish Employment Strategy and the Annual Plan of Employment. Employment Policy. "

Three. A new Article 7a is added to Law 56/2003 of 16 December of Employment with the following wording:

" Article 7a. Instruments for the coordination of the National Employment System.

The coordination of the National Employment System will be carried out mainly through the following instruments:

(a) The Spanish Employment Strategy, as set out in Article 4a.

(b) The Annual Employment Policy Plan, as regulated in Article 4b.

c) The Public Employment Services Information System, which is configured as a common information system to be organized with an integrated and compatible IT structure, and will be the technical instrument that integrate information related to job intermediation, management of active employment policies, and unemployment protection, which are carried out by the Public Employment Services throughout the territory of the State.

This system will ensure that the functions of employment intermediation, without territorial barriers, the registration of persons seeking employment are carried out in an appropriate manner; the traceability of the actions followed by In their relations with the Public Employment Services; the common statistics; the communication of the content of the contracts; the knowledge of the resulting information, among other fields, of the management of training for employment; career guidance, employment initiatives and recruitment bonuses, as well as as the actions of the placement agencies.

It will also allow the monitoring and control of the use of funds from the General Budget of the State or the European Union for their justification. "

Four. Paragraph 1 is amended and two new paragraphs, 7 and 8, are added to Article 9 of Law 56/2003 of 16 December 2003 on Employment, with the following wording:

" 1. Implement and implement the Spanish Employment Strategy through the Annual Employment Policy Plan. "

" 7. To determine and have updated a catalogue of services to the public, to be provided by the Public Employment Services, which guarantees in all the State the access, in conditions of equality, to a public and free service of employment. "

" 8. Follow up the Employment Policy Fund. "

Article 5. The State Employment Public Service.

One. Points (d), (e), (f), (g), (h), (i), and points (j), (k) and (l) of Article 13 of Law 56/2003 of 16 December 2003 on Employment are hereby amended as follows:

" d) Develop the project of the Spanish Employment Strategy and the Annual Employment Policy Plan in collaboration with the Autonomous Communities.

The most representative business and trade union organisations will be involved in the development of this Strategy and will receive regular information on their development and monitoring.

e) Coordinate the joint actions of the Public Employment Services in the development of the Public Employment Services Information System.

f) To promote the Observatory of the Occupations of the Public Service of State Employment with a network throughout the territory of the State, analyzing the situation and trends of the labour market, in coordination with the different Observatories which, where appropriate, establish the Public Employment Services of the Autonomous Communities.

g) Maintain the databases generated by the integrated information systems of the National Employment System and develop statistics on employment, training and unemployment protection at the state level.

h) Manage actions and measures funded from the credit reserve established in your spending budget. These actions and measures will be:

1. Actions and measures the implementation of which affects a geographical area higher than that of an Autonomous Community, where they require the geographical mobility of the unemployed or working persons participating in them to another distinct Autonomous Community to yours, or to another country and need unified coordination.

2. Actions and measures aimed at both the jobseekers and the employed persons, for the improvement of their occupation through the collaboration of the Public Service of State Employment with organs of the General Administration of the State or their self-employed bodies, in order to carry out training activities, among others, those that aim to generate quality employment and improve the opportunities for working people, particularly when they are developed in the framework of the of plans, strategies or programmes at the state level, and execution of works and services general and social interest relating to exclusive powers of the State.

3. Actions and measures of intermediation and active employment policies aimed at the integration of migrant workers into the labour market, carried out in their countries of origin, facilitating the management of migratory flows.

4. Programmes to be established with exceptional character and duration, the implementation of which will affect the entire national territory, with their centralised management being essential for the purpose of ensuring the effectiveness of the programmes, as well as the same possibilities to obtain and enjoy all potential beneficiaries.

The credit reserve referred to in this paragraph will be provided annually, following the report of the Sectoral Conference on Employment and Labor Affairs, by the General Budget Law of the State. The results of the actions funded from the actions shall be reported annually to that Sectoral Conference.

i) Carry out research, studies and analyses on the situation of the labour market and the instruments to improve it, in collaboration with the respective Autonomous Communities.

(j) the management and control of unemployment benefits, without prejudice to the role of supervision and enforcement of the laws and regulations on obtaining and enjoying the benefits of the system of the Social Security that Article 3 of Law 42/1997, of 14 November, authorising officer of the Labour and Social Security Inspectorate, attributes to the officials of the Higher Body of Inspectors of Labour and Social Security and of the Body of Sub-Inspectors for Employment and Social Security. For the purpose of ensuring coordination between active employment policies and unemployment benefits, the management of this benefit shall be carried out by means of systems of cooperation with the Public Employment Services of the Autonomous Communities. The State Employment Public Service shall cooperate with the Autonomous Communities which have assumed the transfer of the powers.

k) Coordinate and promote mobility actions at the state and European level, as well as the representation of the Spanish State in the Eures network.

l) Any other jurisdiction that is legally or regulated to be attributed to you. "

Two. Article 14 (2) and (3) of Law 56/2003 of 16 December 2003 on Employment, which is drawn up in the following terms:

" 2. In the distribution of the funds to the Autonomous Communities agreed at the Sectoral Conference on Employment and Labor Affairs, this part of the funds will be identified for active employment policies for the groups that specifically be determined in accordance with the priorities of the Spanish Employment Strategy and taking into account the specific features of the different Autonomous Communities, in order to ensure compliance with it.

It shall be the subject of return to the State Employment Public Service of the funds with specific destination that have not been used for this purpose, except for exceptional circumstances, oversold and urgent attention (a) to be used for other groups within the specific budgetary objectives, specifying in another case report by the Ministry of Economy and Finance. In any event, the State Employment Public Service and the relevant organ of the Autonomous Community shall agree to the reallocation of such funds, reallocation which shall in no case result in the modification of the budget of this Agency.

3. A credit reserve, not subject to the distribution referred to in the preceding paragraphs, shall be established for the total of the national employment funds to be managed by the State Employment Public Service for actions and measures referred to in Article 13 (h). '

Article 6. The Public Employment Services of the Autonomous Communities.

One. Paragraphs 2 and 3 are amended and Article 17 (4) of Law 56/2003 of 16 December 2003 on Employment with the following wording is added:

" 2. The Public Employment Services of the Autonomous Communities shall design and establish, in the exercise of their powers, the measures necessary to determine the actions of the entities which cooperate with them in the implementation and development of the active employment policies and the management of labour intermediation.

3. The Public Employment Services of the Autonomous Communities will participate in the elaboration of the Spanish Employment Strategy and the Annual Employment Policy Plan.

4. The Autonomous Communities, in the exercise of their powers of implementation of the active employment policies, may draw up their own Employment Policy Plans, in accordance with the objectives of the Annual Employment Policy Plan and in line with the the guidelines and objectives of the Spanish Employment Strategy. "

CHAPTER III

Establishing a catalog of services to the citizenry and development of a personalized care model

Article 7. Persons and enterprises users of services and catalog of services.

One. A new Title I bis is added to Law 56/2003, of 16 December, of Employment, with the following statement:

" TITLE I bis

Services to citizenship provided by the Public Employment Services "

Two. A new Chapter I, Title I bis, of Law 56/2003, of 16 December, of Employment, is added with the following content:

" CHAPTER I

Services users and users

Article 19a. Persons and business users of the services.

1. The Public Employment Services will provide services to unemployed persons, to employed persons and to businesses. These services are defined in a catalog.

2. In addition to the services listed in the catalogue referred to in Article 19b, the Public Employment Services shall provide the general public with general information on the services provided and other aspects linked to it. employment.

3. The attention and, where appropriate, the registration of the persons and undertakings of the Public Employment Services, shall take into account, in a differentiated manner, the demands and needs of each of them, for the purposes of providing the services that correspond.

Article 19b. Catalogue of services to the citizens of the Public Employment Services.

1. The catalogue of services to the citizens of the Public Employment Services is intended to guarantee, throughout the State, equal access to a public and free employment service, and equal opportunities for access to the public. The same is a commitment of the Public Employment Services to the people and companies that use them.

2. The catalogue contains the services common to the public employment services to persons, both unemployed and employed, and to undertakings, without prejudice to the development and extension of each public employment service in its field of employment. territorial, this offer of services. For these purposes, each Public Employment Service may establish its own charter of services, taking into account the evolution of its labour market, the needs of individuals and enterprises, the priorities set out in the framework of the system National Employment and available resources.

3. Access to certain catalogue services will require registration as a job seeker for both unemployed and employed persons.

Article 19c. Content of the service catalog.

1. Services for unemployed persons:

1.1 Individualized diagnosis of the profile, needs and expectations of the unemployed person through personalized interviews, in order to find a job.

1.2 Information and management of suitable job vacancies, including those from other European Union countries, as well as information on the labour market, and the incentives and means available for the promotion of hiring and supporting entrepreneurial initiatives.

1.3 Design, development and implementation of an individual and personalised route of employment which may include guidance and information services for employment and self-employment, improvement of their professional qualifications and their employability, and contacts with companies, entities and public bodies to facilitate their employment integration.

1.4 Offer of vocational training actions for employment, with official accreditation through the Directory of Certificates of Professionalism when linked to the National Catalogue of Qualifications, as well as the promotion of non-working practices of the training carried out.

1.5 Evaluation and, where appropriate, recognition of the skills acquired by the work experience through the official accreditation of their qualifications.

1.6 Information, recognition and payment of unemployment benefits and benefits, promoting and developing your management by electronic means.

2. Services for persons employed:

2.1 Individualized diagnosis on the profile, needs and expectations of the person occupied by personalized interviews in order to maintain employment or access a new one.

2.2 Guidance and information on employment, self-employment and the labour market, incentives and means available for the promotion of recruitment, the maintenance of employment and support for entrepreneurial initiatives, as well as measures for the improvement of their professional qualifications.

2.3 Information and management of suitable job vacancies, including those from other European Union countries.

2.4 Offer of vocational training actions for employment, with official accreditation through the Directory of Certificates of Professionalism when linked to the National Catalogue of Qualifications, which favours the professional promotion and personal development of working people and their right to lifelong learning, with particular attention to the risk of loss of employment.

2.5 Evaluation and, where appropriate, recognition of the skills acquired by the work experience through the official accreditation of their qualifications.

3. Services for enterprises:

3.1 Treatment of their job vacancies, including their dissemination within the framework of the National Employment System and through job portals, preselection and submission of applications, as well as collaboration in the interviews and/or Selective processes of difficult coverage.

3.2 Information and advice on the labour market, measures to promote employment, access to and processing of jobs, modalities and rules for recruitment, design of training schemes and support for the training of young people. working people.

3.3 Telematics communication on employment and high employment, periods of activity and certificates of enterprise through the portal of the National Employment System.

3.4 Information, advice and mentoring for the creation, management and operation of enterprises by entrepreneurs, self-employed workers and other enterprises in the social economy.

Article 19d. Updating the catalogue of services to the citizenry.

The catalogue of citizenship services shall be updated by order of the holder of the Ministry of Labour and Immigration, with the agreement adopted by the Sectoral Conference on Employment and Labour Affairs. "

Article 8. Access of users to services. The individual and personalized itinerary of employment.

A new Chapter II, Title I bis, of Law 56/2003, of 16 December, of Employment, is added with the following content:

" CHAPTER II

Access of unemployed people to services

Article 19 sexies. Personalized approach to services.

1. The access of unemployed persons to the Public Employment Services will be carried out by means of their registration and collection of data in an initial interview, which will entail an assessment of the services required for their job insertion. In accordance with this, and in collaboration with the unemployed, it will be determined, if appropriate, the beginning of an individual and personalized route of employment according to the professional profile, needs and expectations of the person, together with the the situation of the labour market and criteria linked to the perception of benefits, the membership of groups defined as priorities and those to be determined within the framework of the National Employment System.

2. The articulation of the individual and personalized route of employment is configured as a right for unemployed persons and as an obligation for Public Employment Services.

Article 19 septies. Individual and personalized itinerary of employment.

1. The individual and personalised route of employment will provide, on the basis of an individual diagnostic interview, the actions of the catalogue of services, and specific services, which the Public Employment Service offers to the complainant They are in line with their needs, their requirements and the objective to be achieved.

2. The subscription and signature of a personal employment agreement will be necessary for the individual and personalized employment itinerary. By means of this agreement, on the one hand, the person receiving the itinerary undertakes to participate actively in the actions for the improvement of their employability and active search for employment, or the implementation of a business initiative, and, on the other hand, the Public Employment Service is committed to the allocation and planning of the necessary actions and measures. In the case of persons benefiting from unemployment benefits and allowances, this personal employment agreement shall be part of the undertaking of activity set out in Article 27.

3. Failure to comply, for reasons not justified, of the Personal Employment Agreement shall give rise to the penalties provided for in the recast of the Law on Infractions and Penalties in the Social Order, approved by Royal Decree-Law 5/2000, 4 of August. For these purposes, non-compliances by persons who are beneficiaries of benefits and unemployment benefits shall be a breach of the undertaking's commitment to the activity of the latter.

4. The Public Employment Services will be responsible for the implementation, monitoring, evaluation and possible redefinition of individual and personalised employment itineraries and, where appropriate, will lead to the implementation of the actions to be carried out by the (a) persons seeking employment with the collaborating entities. In any event, the actions of the Public Employment Services and those which may be agreed shall be fixed. "

Article 9. Priority collectives.

Article 26 of Law 56/2003, of 16 December, of Employment, is amended and renumbered, being worded in the following terms:

" Article 19 octies. Priority collectives.

1. The Government and the Autonomous Communities shall adopt, in accordance with the constitutional and statutory provisions, as well as the commitments made in the field of the European Union and the Spanish Employment Strategy, specific programmes to promote the employment of people with special difficulties in the integration of the labour market, especially young people, with particular attention to those with a training deficit, women, long-term unemployed, over 45 years, persons with disabilities or in situations of social exclusion, and immigrants, with respect to the legislation on foreign nationals, or other legislation which may be determined, within the framework of the National Employment System.

2. Taking into account the special circumstances of these collectives, the Public Employment Services will ensure the design of individual and personalised employment itineraries which combine the different measures and policies, duly ordered and adjusted to the professional profile of the people who integrate them and their specific needs. Where necessary, public employment services will assess the need for coordination with social services in order to give better attention to these people. "

CHAPTER IV

Transformation of active employment policies and redefinition of their content and development

Article 10. General concept and principles of active employment policies.

One. Article 23 (1) and (3) of Law 56/2003 of 16 December 2003 on Employment, which are hereby amended as

:

" 1. It is understood by active employment policies that all actions and measures of guidance, employment and training aimed at improving the possibilities of access to employment, whether employed or self-employed, of unemployed persons, to the maintenance of the employment and the professional promotion of persons employed and the promotion of entrepreneurship and the social economy.

The policies defined in the previous paragraph should be developed throughout the State, taking into account the Spanish Employment Strategy, the needs of the job seekers and the requirements of the respective markets. In order to facilitate the placement of job seekers, it should be coordinated between the professional training staff for the employment and the employment intermediation who carry out such actions. "

" 3. The economic resources allocated to active employment policies shall be managed by the Public Employment Services, with the development of the actions and measures which they consider necessary and which cover the areas established in the Article 25.

These actions and measures may be managed by the granting of public grants, administrative procurement, subscription of agreements, direct management or any other legal form adjusted to the law. "

Two. Article 24 of Law 56/2003 of 16 December 2003 on Employment is amended in full, as follows:

" Article 24. General principles of active employment policies.

1. The following general principles should be included in the design and implementation of active employment policies:

(a) The individualized and specialized treatment of persons in unemployment to improve their employability, as well as those employed to contribute to the quality and maintenance of their employment.

b) The response to the needs of companies in terms of human capital, employment and training.

c) The promotion of self-employment and entrepreneurship, especially in the context of the sustainable economy and new fields of employment, including care and support for entrepreneurs in the setting up in the course of your business initiative.

d) Equal opportunities and non-discrimination in access to employment in the terms of Article 2 (a) of this Law. In particular, the objective of equal treatment between women and men shall be actively taken into account in order to ensure in practice full equality on grounds of sex.

e) The adequacy of the territory's characteristics, taking into account the reality of the labour market and the local and sectoral peculiarities.

2. These principles will in turn inform all the actions of the collaborating entities of the Public Employment Services. "

Article 11. Identification and areas of active employment policies.

One. Article 25 of Law 56/2003 of 16 December 2003 on Employment is amended as follows:

" Article 25. Identification and areas of active employment policies.

1. The set of actions and measures that integrate active employment policies will cover the following areas:

(a) Professional guidance: actions and measures of information, support, motivation and advice which, taking into account the personal and professional circumstances of the beneficiary, enable it to determine its skills and interests and manage their individual learning path, job search or the implementation of business initiatives.

(b) Training and retraining: actions and measures of learning, training, retraining or retraining included in the vocational training subsystem for employment.

(c) Opportunities for employment and promotion of recruitment: actions and measures aimed at encouraging recruitment, job creation or the maintenance of jobs, either in general or in a targeted manner specific sectors or groups.

(d) Opportunities for employment and training: actions and measures involving the achievement of effective work in a real environment and enabling the acquisition of vocational training or experience to be used for qualification or insertion work.

(e) Promoting equal opportunities in employment: actions and measures promoting equality between women and men in access to employment, staying in employment and professional promotion, as well as the reconciliation of women and men. personal, family and work life and the co-responsibility of men and women in the assumption of family responsibilities.

(f) Opportunities for groups with special difficulties: actions and measures for the insertion of workers from groups which, in structural or economic terms, have particular difficulties in terms of access and permanence in employment. To this end, the situation of women victims of gender-based violence, victims of domestic violence and persons with disabilities or in situations of social exclusion will be particularly taken into account. In relation to persons with disabilities, their recruitment will be encouraged in both ordinary employment and protected employment through the Special Employment Centres.

g) Self-employment and business creation: actions and measures aimed at promoting entrepreneurial initiatives through self-employment or the social economy.

h) Promotion of development and territorial economic activity: actions and measures aimed at generating employment, creating entrepreneurial activity and boosting local economic development.

i) Promotion of mobility (geographical and/or sectoral): actions and measures that facilitate the movement or change of residence to access a job or the retraining to promote recruitment in a sector of activity that is different from the one that has been commonly worked, especially when it comes to emerging sectors or with high employability.

j) Integrated projects: actions and measures that combine or combine several of the previously defined areas.

2. The actions and measures corresponding to the areas referred to in the previous paragraph shall be designed and developed by the Autonomous Communities in the field of their competences.

The State Employment Public Service will also design and develop these actions and measures in their field of competence. "

Article 12. Vocational training for employment.

Article 26 of Law 56/2003 of 16 December 2003 on Employment is amended in full, as follows:

" Article 26. Vocational training for employment.

1. The vocational training subsystem for employment is constituted by a set of initiatives, measures and instruments which, through the training of workers and the accreditation of their qualifications, are intended to provide an answer to their personal and professional needs for insertion and reintegration into the productive system and contribute to the improvement of the competitiveness of companies. This sub-scheme, as provided for in the 'Organic Law' on Qualifications and Vocational Training, will be carried out in the framework of the National System of Qualifications and Vocational Training and the National Employment System. in accordance with its principles, aims and objectives, and in particular:

(a) The right to vocational training for employment and equality in the access of the working population and enterprises to training and aid to training.

b) The linkage of the vocational training subsystem to employment with the social dialogue as the most effective instrument, in order to respond to changes and requirements of the productive system.

c) The involvement of the most representative employers ' and trade union organisations in the design and planning of the vocational training subsystem for employment.

d) The linkage of vocational training for employment with collective bargaining, a natural framework for the development of initiatives and measures that lead to a greater qualification of working people.

2. The training schemes for the employment training subsystem are aimed at the acquisition, improvement and permanent updating of vocational skills and qualifications, promoting training throughout the life of the Community. active population, and combining the needs of people, businesses, territories and the productive sectors.

3. The Certificate of Professionalism is the instrument of accreditation, in the field of employment administration, of the professional qualifications of the National Catalogue of Professional Qualifications acquired through training or training the process of recognition of work experience and non-formal training pathways.

The National Repertoire of Certificates of Professionalism is constituted by the set of the Certificates of Professionalism ordered sectorially in professional families and according to the levels of qualification established in the National Catalogue of Qualifications. These certificates are official in nature, valid throughout the national territory and will allow their correspondence with the vocational training qualifications of the educational system.

4. The training offer linked to the obtaining of the Certificates of Professional, structured in training modules, will facilitate the cumulative partial accreditation for the recognition of professional competences in the framework of the National System of Qualifications and Vocational Training.

5. The provision of vocational training actions for the use of the National Qualifications Catalogue will enable the recognition and capitalisation of apprenticeships with the accreditation of professional experience and vocational training. educational system, linked to the development of the National System of Qualifications and Vocational Training.

6. The training schemes of the vocational training subsystem for employment which are not the subject of official accreditation shall be recognised through the relevant certificate.

7. The Public Employment Services will promote the operation of a network of National Focal Points, specialized in professional areas and families, that will collaborate in the development of actions of an innovative, experimental and formative nature in the scope of vocational training for employment, and in particular in the field of quality improvement activities directed at the network of collaborating centres and trainers. To this end, these Centres will seek to maintain links with technology centres and other knowledge management networks, both national and international, in their specific sectoral areas.

8. The Public Employment Services will promote the maintenance of a network of collaborating centres, public and private, which together with its centres, will guarantee a permanent offer of training for quality employment. In addition, in collaboration with the education system, they will promote a network of integrated centres.

9. The Public Employment Services shall promote collaboration and coordination between the competent authorities for the improvement of the quality, efficiency and efficiency of the vocational training subsystem for employment. They shall also promote systematic and regular evaluation processes, in accordance with the criteria approved by the instruments for the participation of the subsystem and with the European guidelines on quality. "

Article 13. Amendment of the recast of the Law on Infractions and Penalties in the Social Order, approved by the Royal Decree-Law 5/2000 of 4 August.

A new point (c) is inserted in Article 17 (1) of the recast of the Law on Infractions and Sanctions in the Social Order, approved by the Royal Legislative Decree 5/2000 of 4 August, with the following wording:

"(c) Failure to comply with the requirements of the Personal Employment Agreement, unless justified, provided that the conduct is not typified as another minor or serious infringement in this article."

Additional disposition first. Identification of the Sectoral Employment and Labour Affairs Conference.

The Sectoral Labour Affairs Conference is renamed the Sectoral Conference on Employment and Labour Affairs.

As a result, all the references in the legislation in force to the Sectoral Conference on Labour Affairs or to its functions should be understood as being carried out in the Sectoral Employment and Labour Conference. Labor Matters.

Additional provision second. Autonomous Communities of the Basque Country and Navarre.

In the Autonomous Communities of the Basque Country and Navarre, the financing of the active employment policies provided for in this standard shall be established in the framework of the Convention and the Economic Convention, respectively.

First transient disposition. Deadline for the preparation of the Spanish Employment Strategy.

The Spanish Employment Strategy referred to in Article 4a of Law 56/2003 of 16 December 2011 on Employment shall be drawn up by the Government before 31 October 2011.

Second transient disposition. Application of individual and personalised employment itineraries.

Individual and custom employment itineraries will be gradually applied in three phases:

During 2011, its implementation will be aimed primarily at the collectives referred to by Royal Decree-Law 1/2011 of 11 February, of urgent measures to promote the transition to stable employment and the retraining of unemployed persons.

During the year 2012, the priority in the implementation of the itineraries will be determined in the Annual Plan of Employment Policy for this exercise.

From January 2013, the development of these itineraries will be extended to the entire unemployed population.

Transitional provision third. Application of repealed rules.

The provisions in the Single Derogation Provision will remain in force until the Spanish Employment Strategy and the Annual Employment Policy Plan for the financial year 2012 are adopted. However, the actions and programmes which have been initiated before that date shall be developed until their completion in accordance with the provisions laid down in those provisions.

Single repeal provision. Regulatory repeal.

1. The following provisions are hereby repealed:

(a) Chapter II of Royal Decree 1451/1983 of 11 May 1983, which, in compliance with the provisions of Law 13/1982 of 7 April 1982, regulates selective employment and measures to promote the employment of workers disabled.

(b) Chapter VII of Royal Decree 2273/1985 of 4 December 1985 on the Regulation of the Special Centres for Employment, as defined in Article 42 of Law No 13/1982 of 7 April 1982 on the Social Integration of the Disabled.

(c) Articles 12 and 13 of Royal Decree 290/2004 of 20 February on the regulation of occupational enclaves as a measure to promote the employment of persons with disabilities.

(d) Royal Decree 870/2007 of 2 July governing the employment programme with support as a measure to promote the employment of persons with disabilities in the ordinary labour market.

e) Royal Decree 469/2006, of 21 April, regulating the units of support for the professional activity in the special centers of employment.

(f) Royal Decree 282/1999 of 22 February establishing the Employment Workshops programme.

g) The Order TAS/816/2005 of 21 March, adapting to the legal regime established in Law 38/2003 of 17 November, General of Grants the regulatory rules of grants to be granted by the Service State Employment in the fields of employment and occupational vocational training.

(h) Order of the Ministry of Labour and Social Security of 9 March 1994 laying down the basis for the granting of aid by the National Employment Institute for the purpose of carrying out checks of professionalism, professional information, career guidance and active job search, by non-profit entities and collaborating institutions.

(i) Order of the Ministry of Labour and Social Affairs of 20 January 1998 laying down the regulatory bases for the award of grants for the implementation of vocational guidance for employment and assistance for self-employment.

(j) Order TAS/2643/2003 of 18 September 2003 laying down the basis for the award of grants for the implementation of experimental programmes in the field of employment.

(k) Order of the Ministry of Labour and Social Security of 13 April 1994 regulating the granting of aid and subsidies on the promotion of the employment of disabled workers as laid down in Chapter II of Royal Decree 1451/1983 of 11 May 1983.

(l) Order of the Ministry of Labour and Social Affairs of 16 October 1998 laying down the regulatory basis for the granting of aid and public subsidies for the promotion of labour integration disabled people in special centres of employment and self-employment.

(m) Order of the Ministry of Labour and Social Affairs of 19 December 1997 laying down the basis for the granting of public subsidies by the National Institute of Employment in the field of collaboration with organs of the General Administration of the State and its autonomous organizations, Autonomous Communities, Universities and non-profit institutions, which employ unemployed workers for the construction of works and services general and social interest.

(n) Order TAS/2435/2004 of 20 July derogating from certain public programmes for the improvement of occupational safety in relation to the use of the contract of insertion and amending the Order of the Ministry of Labour and Social Affairs of 19 December 1997 laying down the basis for the granting of public grants by the National Institute of Employment in the field of collaboration with bodies of the General Administration of the State and its self-employed bodies, Autonomous Communities, Universities and non-public institutions (i) for the purpose of the implementation of the programme for the implementation of work and services of general and social interest.

(o) Order of the Ministry of Labour and Social Affairs of 26 October 1998 laying down the basis for the award of grants by the National Institute of Employment in the field of collaboration with the Local authorities for the recruitment of unemployed workers in the performance of works and services of general and social interest.

(p) Order of the Ministry of Labour and Social Affairs of 15 July 1999 laying down the basis for the granting of public grants for the promotion of local development and the promotion of projects and enterprises rated as R + E.

(q) Order TAS/1622/2007 of 5 June 2007 regulating the award of grants to the programme for the promotion of self-employment.

(r) Order of the Ministry of Labour and Social Affairs of 13 April 1994, of a regulatory basis for the granting of subsidies consisting of the payment, to workers who make use of the right provided for in Article 1 of Royal Decree 1044/1985.

s) Order of the Ministry of Labour and Social Affairs of 14 November 2001, which regulates the programme of workshops and workshops and the promotion and development units and establishes the regulatory bases for the granting of public subsidies to such programmes.

(t) Order of the Ministry of Labour and Social Affairs of 14 November 2001, for the development of Royal Decree 282/1999 of 22 February, establishing the Employment Workshops Programme, and establishing the basis for the (a) the granting of public grants to such a programme.

u) Order TAS/ 3501/2005, of 7 November establishing the regulatory basis for the granting of subsidies for the promotion of employment and improvement of competitiveness in cooperatives and working societies.

2. Any rules of equal or lower rank shall be repealed or are contrary to the provisions of this royal decree-law.

Final disposition first. Fund of employment policies.

1. A Employment Policy Fund shall be established in the State Employment Public Service, with the aim of addressing future financing needs in the implementation of the actions and measures integrating active employment policies.

2. The Employment Policy Fund will be funded by:

(a) 10% of the remaining appropriations not committed by the Autonomous Communities in the implementation of the actions and measures of active employment policies, which are integrated into the revenue budget of the Public Service State Employment.

(b) 10% of the remaining credit balances not executed by the State Employment Public Service in the actions and measures included in point (h) of Article 13 of Law 56/2003 of 16 December 2003 on Employment.

(c) The balance of the highest collection of the vocational training quota for employment, which will be obtained as a positive difference between the liquidation of the vocational training quotas for the employment actually charged to the Revenue budget of the State Employment Service for each financial year and those set out in the initial budget.

d) Any other income of the State Employment Public Service to be integrated into this fund under the terms laid down in the regulations governing it.

3. They shall be further integrated into that Fund, provided that the economic possibilities and financial situation permit:

(a) Up to a maximum of 10% of the remaining appropriations not committed by the Autonomous Communities in the implementation of the actions and measures of active employment policies, which are integrated into the revenue budget of the State Employment Public Service.

(b) Up to a maximum of 10% of the remaining credit balances not executed by the State Employment Public Service in the actions and measures included in point (h) of Article 13 of Law 56/2003 of 16 December 2003 on Employment.

(c) Up to a maximum of 20% of the total reintegrations which the Autonomous Communities have carried out in connection with the implementation of the work plans of the National Vocational Training Centres or the Centres of National Reference.

For the purposes of making the corresponding allocations, it is established as a minimum condition to consider that the financial situation permits the same, that the budgetary result of the financial year is positive. The budgetary outcome of each financial year shall be obtained, in accordance with the accounting and budgetary legislation in force at any time, as a difference between the net recognised rights and the net recognised obligations of each financial year.

4. The State Employment Public Service will open an account at the Banco de España for the purposes of carrying out the financial operations that are legally permitted with the funds of the Employment Policy Fund.

5. The actual allocations and materialisations of the Employment Policy Fund shall be those agreed by the Council of Ministers in each financial year, on a joint proposal from the persons holding the Ministries of Labour and Immigration and Economy and Finance.

Yields of any nature that generate the account of the Employment Policy Fund and the financial assets in which the funds have materialised shall be automatically integrated into the account.

6. The provision of the assets of the Employment Policy Fund shall be intended solely for the financing of:

(a) Actions and measures that integrate active employment policies, managed by both the State Employment Public Service and the Public Employment Services of the Autonomous Communities. The amounts referred to in paragraph 2 (c) shall be used for vocational training measures for employment.

(b) The balance of the lower collection of the vocational training quota for employment, in the light of the negative difference between the liquidation of the vocational training quotas for employment effectively attributed to the Revenue budget of the State Employment Service for each financial year and those set out in the initial budget.

c) The expenses required for your management.

Prior authorization from the Council of Ministers will be required on a joint proposal from the holders of the Ministries of Labor and Immigration and the Economy and Finance to proceed to the disposal of the assets of the fund.

The values in which the Employment Policy Fund is to be implemented shall be securities issued by public legal persons.

7. The securities to be set up by the Fund's portfolio, the degree of liquidity of the Fund, assumptions for the disposal of the financial assets that make up the Fund and other financial management acts shall be determined.

8. For the control and management of the economic management of the Employment Policy Fund, the Management Committee for the Fund is set up.

This Committee will be chaired by the head of the Directorate-General of the State Employment Public Service, and will be composed of five members: two appointed by the Ministry of Economy and Finance, one of whom is perform the duties of Vice-President; one designated by the General Intervention of the State Administration; and two appointed by the Secretary of State for Employment, one of whom shall act as Committee Secretary, with a voice but without a vote.

This Committee will have the task of formulating proposals for the management, advice and selection of securities to be set up by the Fund's portfolio, the disposal of financial assets that integrate it and other actions to be undertaken by the Fund. financial markets advise, as well as prepare an annual report.

The Management Committee of the Employment Policy Fund may have expert advice on the terms that are to be determined.

9. For the purposes of proper monitoring of the Employment Policy Fund, the Executive Committee of the State Employment Public Service shall be informed of the progress and composition of the Employment Policy Fund.

10. The materialisations, investments, reinvestments and divestitures and other operations for the acquisition, disposal and management of the financial assets of the Employment Policy Fund for each financial year shall be The budget of the State Employment Public Service shall, in accordance with the financial situation of the State Employment Service at that date, be allocated to the budget of the State Employment Public Service definitively and shall be allocated definitively to the budget of the State Employment Service. budget.

11. The Government will present to the General Courts an annual report on the evolution and composition of the Employment Policy Fund.

12. The General Council of the National Employment System, through its Permanent Commission, will follow up the proposals for management, the selection of securities to be the Fund's portfolio, the disposal of financial assets that will integrate and other actions that the financial markets advise, as well as their evolution.

Final disposition second. Competence title.

This royal decree-law is issued under the jurisdiction of article 149.1 of the Constitution, paragraphs 7, 13 and 17.

Final disposition third. Execution and development.

The head of the Ministry of Labour and Immigration is empowered, in the field of its powers, to dictate how many provisions are necessary for the development of this royal decree-law.

Final disposition fourth. Entry into force.

This royal decree-law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid, on February 18, 2011.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO