Trade union organizations are one of the basic pillars of our social and democratic rule of law that legitimizes them to exercise those rights that are still associated in the purity of public employees. necessary collective exercise.

Article 31 of Law 7/2007, of 12 April, approving the Basic Staff Regulations, enshrines the right of public employees to collective bargaining, representation and institutional participation for the determination of their working conditions, for which they constitute Negotiating Tables in which the most representative Trade Union Organizations at the State level will be present, in addition to the corresponding Public Administration, Trade union organisations most representative of the Autonomous Community, as well as unions that have obtained 10 per 100 or more of the representatives in the elections for Delegates, Enterprise Committees and Staff Boards.

In the development of these collective rights, Article 36.3 of the Basic Staff Regulations regulates the General Table of Negotiation of Official, Statutory and Labor Personnel, which allows for the joint negotiation of the working conditions affecting all public employees of the General Administration of the State. Similarly, Article 36 of the first paragraph refers to the General Administration of Negotiation of Public Administrations, which, under the chairmanship of the General Administration of the State, has as its object the negotiation of all those matters. (a) Article 37 of the EBEP and which are subject to state regulation as a basic rule. Thus, a negotiation scheme has been completed already mentioned in Law 9/1987, of Organs Of Representation, Determination of the Conditions of Work and Participation of Personnel to the Service of Public Administrations, after the reform that included the Law 21/2006, now regulated in the EBEP, and in which the existence of forums for the negotiation of working conditions common to the official and labor personnel is enshrined.

In view of the above, there is no doubt that the activities carried out by the trade union organizations are considered to be of general interest, which is why the General Budget Laws of the State are contemplating specific budgetary allocations to support them in order to create the framework and conditions necessary for the exercise of the right to collective bargaining to be effective.

On the other hand, the allocation of public resources in grants should be adapted to Law 38/2003 of 17 November, General of Grants, as well as to its Implementing Regulation, approved by Royal Decree 887/2006, July 21. Article 17 (1) of the Law provides that the relevant Ministers shall establish the appropriate regulatory basis for the award of grants.

In order to guarantee the right to freedom of association and the right to equal treatment, a system for granting grants to organizations that have a presence in the unions is set up. General Negotiation Tables where all public employees are represented, the maximum budget credit being distributed in proportion to the representativeness of each of them in the aforementioned Messes.

In its virtue, prior to the report of the State Advocate and the Delegated Intervention of the General Intervention of the State Administration in the Department, I have:

Article 1. Purpose of the grants.

This Order establishes the regulatory basis for the granting of subsidies on a competitive basis, to trade union organisations which have obtained sufficient representation in the elections to representation of the staff, to be present in the General Administration of Negotiation of Public Administrations and in the General Administration of Negotiation of the General Administration of the State, governed by Article 36 of Chapter IV of Law 7/2007, of 12 April, approving the Basic Staff Regulations.

The purpose of these grants shall be to cover the costs incurred by the trade union organisations each year in respect of the performance of activities related to the performance of duties arising from their presence at the negotiation tables referred to in the preceding paragraph.

Article 2. Requirements for grant applicants.

May be beneficiaries of the grants that are regulated in this Order by the trade union organizations formed in accordance with the provisions of the Organic Law 11/1985 of 2 August, of Freedom of Association, which have obtained sufficient representation in the organs of representation of the staff, Staff Delegates, Staff Boards and Committees of Enterprise, in the whole of the Public Administrations and the General Administration of the State, which legitimizes them to be present in the General Negotiating Tables referred to in Article 1 of the present Ministerial order.

Article 3. Procedure for the award of grants.

1. Initiation of the procedure.-The initiation of the procedure for the award of the grants will be carried out by the corresponding convocation of the Secretariat of State for the Civil Service, and will necessarily have the following content:

(a) Mention of the present Ministerial Order laying down the regulatory bases for the granting of subsidies to the trade union organizations present in the General Negotiation Tables in which the General administration of the State as instrumental support for its participation in the same, as well as the "Official Journal" in which it is published.

(b) Budgetary appropriations to which the subsidy is charged, and the maximum total amount of the grants called within the available appropriations or, failing that, the estimated amount of the grants.

(c) The purpose, conditions and purpose of the grant of the grant.

d) Expression that the concession is made through a competitive concurrency regime.

e) Requirements to apply for the grant and how to accredit them.

f) Indication of the competent bodies for the instruction and resolution of the procedure.

g) Deadline for submission of applications, to which the forecasts contained in Article 23 (3) of Law 38/2003 of 17 November, General of Grants will apply.

h) Deadline for resolution and notification.

i) Documents and information to accompany the request.

(j) Indication of whether the resolution puts an end to the administrative route and, if not, the body to which the appeal is to be brought.

k) Request assessment criteria.

(l) A means of notification or publication, in accordance with the provisions of Article 59 of Law 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

2. Submission of applications. -Trade union organisations which opt for a grant must submit their applications in accordance with the fourth paragraph of Article 38 of Law No 30/1992 of 26 November 1992 on the legal framework of the Public administrations and the Common Administrative Procedure, and addressed to the General Directorate of the Civil Service, being able to make such presentation electronically.

These applications shall be formalised in a single application model as set out in Annex I to this Order, which shall be accompanied by:

(a) An explanatory note for each programme or action for which a grant is requested, implemented or implemented during the calendar year of the relevant call, reflecting at least the following aspects:

Naming of the program or action.

Program description and purposes.

Objectives that are intended.

Activities that include the program and duration of the program.

Detailed revenue/expense budget for each program or action.

The trade union organizations entitled to opt for the grant must submit the application in the name of the application by which they obtained representatives in the elections to representative bodies in the field indicated.

b) The following documents, which must be original or photocopied:

a) The union tax identification card.

b) Identification and authorization data for verification, of the person signing the application or, in case of failure to provide their consent, photocopy of the National Identity Document.

c) Notary Power that accredits the applicant's ability to act on behalf and representation of the union organization.

d) Certificate of compliance with tax and social security obligations.

e) Responsible statement on compliance with grant reimbursement obligations.

f) Accreditation, in the terms provided for in Article 13 of Law 38/2003, of 17 November, General of Grants not to be incourses in the prohibitions in order to obtain the condition of the beneficiary to which the paragraphs 2 and 3 of that Article.

The documentation referred to in this paragraph shall accompany the application referred to in Annex I, unless the required documents are already in the hands of the Acting Administration, in which case the applicants may to be covered by Article 35.f) of Law No 30/1992 of 26 December 1992.

3. Deadline for filing. The filing period shall be one month from the day following that of the publication in the "Official State Gazette" of the corresponding annual call, unless the said call is modified. deadline for submission.

4. Error correction. -If the grant applications submitted do not meet the required requirements, the beneficiary shall be required to provide that within 10 working days of the absence or accompanying of the required documents, and in the case of that no such remedy shall be performed shall be withdrawn from its request, upon a decision to be made as provided for in Article 71 of Law No 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

5. Instruction and motion for a resolution. -The body responsible for instructing the procedure is the General Directorate of the Civil Service. The Commission of Valuation constituted for this purpose shall formulate the motion for a resolution, which shall be elevated by the Directorate-General of the Civil Service, within the time limit set in the relevant notice, to the competent body to resolve.

The Assessment Commission will be integrated as follows:

President: The head of the General Directorate of the Civil Service.

Vice President: The head of the General Labor Relations Subdirectorate.

Vocals: The person holding the Deputy General Direction of Labor Relations.

The head of the Consulting, Counseling and Assistance Division.

Secretary: A person with a rank of Head of Section or higher, of the General Subdirectorate of Labor Relations.

The Commission shall meet within the time limits set out in the relevant calls and shall, in accordance with Article 24 of the General Grant Act, be responsible for carrying out, of its own motion, any action considers necessary for the determination, knowledge and verification of the data and documents under which the proposal for a resolution is to be submitted.

6. Resolution. -Grants shall be granted by means of a reasoned resolution of the Secretariat of State for the Civil Service according to Order PRE/3545/2009 of 28 December 2009 (BOE of 31 December 2009) within 15 working days from the date of of the proposal for a resolution, notifying the applicant organisations of the extent and amount of the grant or, where appropriate, their dismissal.

7. Resources. -This Resolution will put an end to the administrative path, thus being able to interpose a potestative resource of reorder or administrative-administrative appeal before the National Audience.

The maximum time limit for resolving and notifying the resolution of this procedure will be six months. After that period has not been notified to the parties concerned, they may understand the application for the grant of the grant.

Article 4. Allocation and amount of grants.

The grants will have the limits of the allocation in the budget of the Ministry of the Presidency of the year concerned.

Article 5. Objective criteria for granting and weighting them.

1. The individual amount of the grants shall be determined by distributing the total of the budget appropriation, equitably between the General Negotiating Tables defined in Article 1 of this Ministerial Order and within each Bureau. among the trade union organizations in proportion to the number of representatives computed to determine their presence in the same, integrating Personnel Delegates, members of Staff and Committees of the Joint Undertaking of the General Government and the General Administration of the State. This distribution shall be made after each of them has been assured of a fixed amount guaranteeing compliance with the purposes of the grants provided for in this Order, and the amount of which may not exceed 25% of the total of the grant annually budgeted.

2. The payment of the corresponding amounts for a grant shall be made at one time. In no case will advance payments be made.

3. The payment of the grants may not be made as long as the beneficiary is not current in the performance of its tax obligations and in the face of social security or is liable to be liable for recovery.

Article 6. Justification for the grants.

The beneficiary trade union organisations must justify the particular destination of the sums received, which must be adjusted to the performance of those activities which are in a way that is in line with the nature of the the activity supported, and which are collected in the memory referred to in Article 3.2.a) of this Order. This justification shall be made by drawing up an explanatory memorandum on the activities and expenses to which they shall be accompanied by originals or certified copies of invoices and other documents of equivalent probative value with validity in commercial or administrative legal traffic (Article 30.3 of Law 38/2003) up to the amount of the grant obtained. The period of justification shall be 31 March of the year following the granting. As provided for in Article 31.2 of Law 38/2003, it will be considered as an expense that has been effectively paid prior to the end of the justification period cited above.

Article 7. Modification of the grant resolution.

Any alteration of the conditions taken into account for the grant of the grant may result in the modification of the grant decision. The resolutions of the requests for amendment shall be made by the Secretariat of State for the Civil Service.

Article 8. Compatibility.

Grants granted under this Order shall be compatible with other grants, aid, revenue or resources for the same purpose, from any public or private administration or authorities, national, European Union or international bodies, without prejudice to the provisions of Article 19 (3) of Law 38/2003 of 17 November.

Article 9. Responsibility.

The trade union organisations benefiting from the grants will be subject to the liability regime provided for in Title IV of Law 38/2003 of 17 November and Title IV of their implementing Regulation, adopted by Royal Decree 887/2006 of 21 July. As well as, as provided for in Title IX of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and Common Administrative Procedure and in its implementing legislation.

Article 10. Refit.

The recovery of the amounts received in respect of grants and the requirement of interest for late payment in the cases and in accordance with the procedure laid down in Article 37 of Title II of the Law shall proceed. 38/2003, dated 17 November, and in Article 91 of Title III of its Implementing Regulation, approved by Royal Decree 887/2006 of 21 July. In any event, the entire grant received shall be refunded if the amount granted for the purposes for which it was granted does not apply.

Single repeal provision. Regulatory repeal.

Order APU/2449/2008, dated July 29, is hereby repealed, establishing the regulatory basis for the granting of grants to the trade union organizations present in the General Negotiating Tables in which it participates. the General Administration of the State, as instrumental support for their participation in them.

Final disposition first. Competence title.

This Order is dictated by the provisions of Article 149.1.1. of the Constitution.

Final disposition second. Extra duty.

As not provided for in this Order, the provisions of Law 38/2003, of 17 November, General of Grants, as well as of Royal Decree 887/2006 of 21 July, approving the Regulation, will be applied in an additional way. of the General Law of Grants and the other rules of administrative law.

Final disposition third. Entry into force.

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

Madrid, 7 October 2010. -First Vice-President of the Government and Minister of the Presidency, Maria Teresa Fernández de la Vega Sanz.

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