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Order Tin/1297/2010, May 13, Which Modifies The Order Of Tin/1965/2009, Of 17 July, Which Is Delegated And Approve Delegations Of The Exercise Of Powers In The Administrative Bodies Of The Ministry Of Labour And Immigration

Original Language Title: Orden TIN/1297/2010, de 13 de mayo, por la que se modifica la Orden TIN/1965/2009, de 17 de julio, por la que se delega y se aprueban las delegaciones del ejercicio de competencias en los órganos administrativos del Ministerio de Trabajo e Inmigraci

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Article 8 of Royal Decree 495/2010 of 30 April, approving the basic organic structure of the ministerial departments, has abolished the General Directorate of Services, which is dependent on the Secretariat of the Department.

Articles 6, 10 and 22 of Order of 17 July 2009 of 17 July 2009 on the delegated and approval of delegations for the exercise of powers in the administrative bodies of the Ministry of Labour and Immigration and their dependent public bodies, containing delegations from the exercise of powers in the deleted Directorate-General.

Given the importance of the subjects that were the subject of delegation: personnel management, economic management and administrative procurement, it is considered necessary to delegate them to other bodies of the Ministry, in order to maintain the effectiveness of their management.

Therefore, and in accordance with the provisions of Article 13 of Law 30/1992, of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure, in the additional provision Thirteenth of Law 6/1997, of 14 April of the Organization and the Functioning of the General Administration of the State, and in Article 20 of Law 50/1997, of 27 November, of the Government, I have:

Single item. Amendment of Order TIN/1965/2009 of 17 July 2009 delegated and approving the delegations of the exercise of powers in the administrative bodies of the Ministry of Labour and Immigration and its dependent public bodies.

Order TIN/1965/2009 of 17 July, which delegates and approves the delegations of the exercise of powers in the administrative bodies of the Ministry of Labour and Immigration and its dependent public bodies, is amended as follows:

One. Article 6 is worded as follows:

" Article 6. Delegations to the subsidiary bodies of the Secretariat.

1. The following powers are delegated to the Technical Secretary-General:

(a) The subscription of agreements which, by application of the European Union Regulations on the coordination of social security systems, should be concluded with other Member States in the field of social security, applicable legislation, where they relate to certain categories or groups of persons, and reimbursement of health care costs, where the regulatory instrument is not subscribed by the other Member State or other Member States by an Authority of the same rank as the department holder, but by a lower rank authority.

(b) The resolution of the prior complaints to the civil and labour court and the administrative resources, except for the extraordinary review and the interpositions against resolutions of the Technical General Secretariat itself, except for those expressly delegated to other bodies.

2. The following powers are delegated to the Director-General of the Labour and Social Security Inspectorate:

(a) The setting of the criteria for the assessment of staff and for the distribution of the productivity supplement, in the field of their competence.

(b) The grant, and other powers inherent to the entity, of grants, grants or public aid granted under application 19.01.291A.481 of the Department's budget of expenditure.

3. She is delegated to the Deputy Director-General for Human Resources:

(a) The provision of free-designation jobs with a level of complement of destination 26 and below, in cases where this competence corresponds to the Minister, within the scope of the Ministry and excluding the Management Entities, Autonomous Bodies and the General Treasury of Social Security.

(b) Recognition of the right to the complement of destination provided for in Article 33.2 of Law 31/1990 of 27 December, except in the case of the alleged delegates to the Deputy Director-General for the Management and Development of Resources Human from Autonomous Bodies and Social Security.

(c) Call for selective testing for access to work staff except for the supposed delegates at the Deputy Director General for the Management and Development of Human Resources of Autonomous Bodies and Security Social.

(d) Call for and resolution of transfers competitions and internal promotion of work staff, referred to vacancies of the Department.

4. It is delegated to the Deputy Director-General for the Management and Development of Human Resources of the Autonomous Bodies and Social Security, in the field of the Autonomous Bodies, the Gestoras and the Common Services of Social Security, the exercise of the following powers:

(a) The recognition of the right to the complement of destination provided for in Article 33.2 of Law 31/1990 of 27 December.

b) Call for selective testing for access to work staff.

5. Competence for the approval and commitment of expenditure, the recognition of the obligation and the authorisation of payments in relation to the cash advance system are delegated to the Deputy Director-General for Administrative Information and Publications. The Office of the Official Journal of the Ministry of Education, the Office of the Official Journal of the European Communities, the Office of the Official Journal of the European Communities, the Office of the Official Journal of the European

.

6. It is delegated to the Assistant Directors-General for Information Planning and Coordination, Data Processing, General Staff, Works and Heritage, Administrative Information and Publications, and Statistics, in the field of their respective privileges, the exercise of powers relating to recruitment, with the powers inherent in the contracting authority established in the rules in force, where the amount of the invitation to tender does not exceed EUR 1,000,000, except for those expressly delegated to the members or heads of the Section for Work and Immigration on the outside, where they are not dependent on a Counselor, and on the Heads of Provincial Labour and Social Security Inspections.

7. The legalization of documents that have to take effect abroad is delegated to the Deputy Director General of the General Office.

8. The following powers are delegated to the Deputy Director-General for Financial Management:

(a) The approval and commitment of expenditure, the recognition of the obligation and the proposal for the management of payments, not attributed or delegated to other bodies, which are dealt with under the budgets of the Department whose the amount does not exceed EUR 1,000,000, and without limit where they correspond to expenditure arising from the processing of staff remuneration to be charged to Chapter I.

(b) The procurement, with the powers inherent in the contracting authority established in the rules in force, where the amount of the invitation to tender does not exceed 1,000,000 euros, and provided that it is not expressly delegated to others organs.

c) The authorization of improper revenue returns.

(d) The approval and disposal of expenditure, the recognition of obligations and the authorisation of payments in relation to the system of fixed cash advances of the General Paying Fund of the Ministry, with respect to the credits previously authorized.

e) The approval and commitment of expenditure, the recognition of the obligation and the payment of the costs managed through bookings issued to justify by the credits previously authorized, and provided that it is not expressly delegated to other bodies.

(f) the issuing of accounting documents necessary for the replenishment of funds, the approval of the relevant supporting accounts and their referral to the Court of Auditors; all in relation to the fixed cash advance of the General Paying Fund of the Ministry, the Fund paying for the Publications Centre and the Working Banks of the Provincial Labour and Social Security Inspections.

g) The provision of compliance with the judgments given in the resources in which the General Administration of the State-Ministry of Labour and Immigration would have been a party, as well as the economic obligations arising from the The same applies to the payment of costs.

(h) The approval and referral to the Court of Auditors of the accounts of the payments made from funds provided to justify in favour of the various paying agencies of the Ministry, except those of the migrations.

9. It is delegated to the members and heads of the Section for Work and Immigration abroad, when they are not dependent on a Counsellor, within the budgetary appropriations to be agreed in their favour, the exercise of the following powers:

(a) The approval and commitment of expenditure, the recognition of the obligation and the payment of the costs managed through the bookings issued to justify by the credits previously authorized.

(b) The procurement, with the powers inherent in the contracting authority established in the rules in force, where the amount does not exceed the limits of the minor contract.

10. Within the budget appropriations that are agreed in their favour, it is delegated to the Heads of the Provincial Labour and Social Security Inspections or, in those provinces in which the Heads of the Provincial Inspections are dependent organically of the Administration of the Autonomous Community, in the Joint Chiefs or, failing that, Heads of the Specialised Units of Social Security, the exercise of the following powers:

(a) The approval and commitment of expenditure, the recognition of the obligation and the payment of the obligations related to the fixed cash advance system, within the credits previously authorised.

(b) The approval and commitment of expenditure, the recognition of the obligation and the payment of the costs managed through the accounts issued to justify the appropriations authorised.

(c) Procurement, with the powers inherent in the contracting authority established in the current rules, where the amount does not exceed the limits of the minor contract. "

Two. Article 10 is deleted.

Three. Article 11 is worded as follows:

" Article 11. Deputy Director General of Financial Management.

The delegation of the Secretaries of State for Social Security and Immigration and Emigration, in the Deputy Director General of Financial Administration, is approved for the exercise of the following powers:

1. The approval and commitment of expenditure, the recognition of the obligation and the proposal for the management of payments, not attributed or delegated to other bodies, which are dealt with under Chapters I, II, III, VI and VIII of the budgets of the State secretariats, the amount of which does not exceed 1,000,000 euros and without limit when they correspond to expenditure arising from the processing of staff remuneration to be charged to Chapter I.

In relation to Chapter II, only expenditure related to the performance of the tasks assigned to the Secretariat shall be included.

2. Contracting, with the powers inherent in the contracting authority established in the rules in force, in matters falling within the competence of the Secretariat and provided that they are not attributed or delegated to other bodies, where the amount of the Tender does not exceed 1,000,000 euros. "

Four. Article 12 is worded as follows:

" Article 12. Delegations to other bodies under the Secretariat.

The delegation of the Secretaries of State of Social Security and Immigration and Emigration, in the Assistant Directors General of Information Planning and Coordination, Data Processing, of the General Administration, of the Works and Heritage, Administrative Information and Publications, and Statistics, of the exercise of the competences relating to the procurement, with the powers inherent to the contracting authority established in the current regulations, in their (a) where the amount of the invitation to tender does not exceed 1,000,000 Euro, except those expressly delegated to the Directors of the Migration Centers. "

Five. Article 22 is deleted.

Six. Article 24 is worded as follows:

" Article 24. Cabinet Directors.

1. The delegation of the Deputy Secretary to the Directors of Gimed of the designation of the commissions of service in the national territory that are not delegated to another organ of the Department is approved in the following cases:

(a) Dependent personnel directly, or through units of lower level than the Directorate-General, the Minister, the Secretaries of State, the Deputy Secretary and the General Secretariat for Employment.

b) Personal dependent on Ghols themselves.

2. The delegation of the Under-Secretary of State in its Technical Cabinet Director is approved of the appointment of the service commissions, entitled to the perception of financial compensation, in the following cases:

(a) In the case of commissions of service of Directors-General or of the holders of organs with equivalent level and Directors or Heads of Cabinet of the Secretaries of State, of the Undersecretary and of the General Secretariat of Employment.

(b) In the case of commissions of service abroad and any other jurisdiction attributed to the Under-Secretary by Royal Decree 462/2002 of 24 May on compensation for the service, which is not delegated to others bodies, including for, where appropriate, fixing the amount of the compensation for any residence, except in any case, the commissions of service of the senior officials of the Department and assumptions for the exercise of the option provided for in Article 8.1 of that Royal Decree. "

Seven. A paragraph 3 is added to Article 27, with the following wording:

" 3. The Assistant Secretary-General of Human Resources for the appointment of the Secretaries-General of the Ministry of Labour and Immigration is also approved. "

Eight. Article 28 (3) shall be amended as follows, and the current paragraph 3 shall be renumbered as set out in paragraph 4:

" 3. The delegation of the Under-Secretary-General for the Management and Development of Human Resources of the Autonomous Bodies and the Social Security of the appointment of interim officials for posts in the Office is also approved. to bodies attached to the Ministry which are themselves of the autonomous bodies, the Gestoras and the Common Services of Social Security. "

Single end disposition. Entry into force.

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

Madrid, May 13, 2010. -Minister of Labor and Immigration, Celestino Corbacho Chaves.