Key Benefits:
JOHN CARLOS I
KING OF SPAIN
To all who present it and understand it.
Sabed: That the General Courts have approved and I come to sanction the following Law.
PREAMBLE
I
The impact of the current economic crisis on employment and the labour market is being significantly severe as reflected in the significant increase in unemployment and the destruction of employment over the past year and a half. Given this situation, with the aim of undermining the impact of the crisis on the economy and employment, as well as of strengthening the protection of workers, the Government has made a commitment to increase the budgetary allocations in the (a) the amount necessary to guarantee the right to the recovery of unemployment benefits and has taken measures on the extension of the protection of workers affected by the Employment Regulation, through the replacement of unemployment benefits, and on the elimination of the waiting period, so that the beneficiaries of the unemployment benefits are perceived immediately, thus avoiding periods of lack of protection, which was originally carried out by the enactment of Royal Decree-Law 2/2009 of March 6, of urgent measures for the maintenance and the promotion of employment and the protection of unemployed persons.
In this context, the Temporary Program for the Protection of Unemployment and Insertion, which is regulated in this Law, is part of the measures that the government is pushing to deal with the economic crisis, the increase in unemployment and, in particular, the extension of the periods of unemployment suffered by workers, which in many cases leads to the exhaustion of the unemployment protection currently in force.
In order to comply with the mandate of Resolution No. 14 passed in the Congress of Deputies in the 2009 State of the Nation Debate, and prior to its approach in the framework of the Social Dialogue without having reached agreement, the The government considered it necessary, urgent and indefatiable to articulate the mechanisms that extend the protection of those workers who have exhausted their unemployment protection to prevent or mitigate the risk of social exclusion, and approved the Decree Law 10/2009 of 13 August, which regulates the temporary program of protection by unemployment and insertion. It has been established, through that Decree Law and this Law, which is to replace it, that, within a limited time frame and through the reference programme, unemployment protection is extended to workers who have exhausted the (a) benefits and subsidies are in need for lack of other income. However, it is essential to provide a guarantee of minimum income to deal with these situations in which more and more workers are found, this programme intends to go further, through the implementation of appropriate measures aimed at promoting the ability of the groups concerned to enter the labour market by taking part in an active employment pathway, so that they can be linked to and achieve objectives not only of social protection but of reintegration work.
In this way, the Government and the Autonomous Communities undertake to carry out this measure, within their respective areas of competence, the object of which is to regulate an extraordinary unemployment benefit which may be charged by persons under 65 years of age who have extinguished the unemployment benefit or allowance provided for in the recast of the General Law on Social Security, approved by Royal Decree of Law 1/1994 of 20 June 1994, (a) lack of own income and in a household account of more than 75% of the Minimum Wage Interprofessional and undertake to carry out the various actions to be determined by the corresponding Public Employment Service in the active employment path.
the other hand, given the increase in the number of unemployment protection files that have been processed lately, it is advisable to give the necessary impetus to the use of electronic means, as foreseen by the Law 11/2007, of 22 June, of electronic access of citizens of public services, so the final Disposition of the project contains a modification (inclusion of a new additional provision) of the General Law of Safety Social, in order to cover the electronic processing of the recognition of the unemployment benefits.
II
The measures adopted in this Law are contained in 12 articles, two additional provisions, one single transitional provision and five final provisions, which are implemented as follows.
The duration of the program will be six months to count from August 16, 2009, when the Decree Law that gave rise to this Law took effect.
The beneficiaries of the Program shall be unemployed persons under the age of 65 years who, at the date of the application, who shall submit within 60 days of the exhaustion of the benefit, comply with a set of requirements: (a) to have extinguished the unemployment benefit on a contributory level (without entitlement to a later allowance) or the unemployment benefit during the period covered by the programme, provided that in both cases they are not income; nature, higher, in monthly computation, to 75 percent of the minimum wage interprofessional, excluding the proportional share of two extraordinary pages; being registered as jobseekers; subscribing to the undertaking of activity referred to in Article 231.2 of the General Law on Social Security and committing itself to to carry out the various actions to be determined by the relevant public employment service in the active employment pathway.
Extraordinary unemployment benefit may be obtained only once; your monthly amount will be equal to 80 percent of the Multiple Effects Income Public Indicator in force at any time, and its maximum duration will be 180 days.
The decisions relating to the extraordinary unemployment benefit, as well as the corresponding payments shall be made as soon as possible, with the general system of time limits being applied for the protection by Article 228 of the General Law on Social Security provides for unemployment.
The contents of the active employment pathways that will be defined and managed by the competent public employment services are also established.
The State Employment Public Service is the competent body for the declaration of recognition, refusal, suspension, termination or resumption of the extraordinary unemployment benefit, as set out in Article 8 of the provision, who shall also inform any potential beneficiaries who have exhausted the duration of the contributory level unemployment benefit or the unemployment benefit from the possibility of applying for recognition of the benefit by extraordinary unemployment and admission to the programme.
The incompatibility of the provision of extraordinary unemployment with social wages, minimum income or similar social welfare aid is regulated, and the system of incompatibilities established in the Article 221 of the General Law on Social Security.
The funding of the Program is diverse as the subjects affected by it are diverse and the competencies on them reside in the State as well as in the Autonomous Communities. Thus, the extraordinary unemployment benefit will be in charge of the State Employment Public Service budgets, and the actions included in the employment pathways will depend on the competent public employment services themselves.
The additional provision first relates to the preparation of a study in which the government analyses the degree of coordination and the results obtained by the various public aids for the protection of the the unemployed and the social inclusion of people at risk of exclusion. This study will be sent to the competent committees of the Congress of Deputies and the Senate for evaluation.
The additional second provision opens up the way to the collaboration agreements with the Autonomous Communities as an instrument for the implementation of the actions provided for in this Law.
In the single transitional provision, in order to respond to the commitment made at the parliamentary level, provision is made for the possibility that, in addition to the collective agreement referred to in Article 1, this programme will be those workers who, in compliance with the requirements laid down in Article 2, have exhausted their unemployment benefit or allowance from 1 January 2009.
The final provision contains a modification (including a new provision) of the recast text of the General Law on Social Security, in order to cover the electronic processing of the recognition of unemployment benefits.
The remaining four final provisions lay down the powers of development, enabling the government to extend the programme, taking into account, among other factors, the unemployment situation, as well as the competence title and entry into force.
Article 1. Program object and duration.
1. The purpose of the programme is to provide financial cover, on an extraordinary basis, to persons in unemployment who, having exhausted the contributory unemployment benefit or the unemployment benefit, are not entitled to income and acquire the commitment to participate in an active work insertion itinerary, in the terms set out in this Law.
2. The duration of the programme shall be six months from 16 August 2009.
3. The extraordinary unemployment benefit regulated in this Law may be obtained only once.
Article 2. Beneficiaries and Requirements.
1. Unemployed persons under 65 years of age who, at the date of application for incorporation, may be eligible for this programme shall be eligible for this programme:
(a) Exhaustion of contributory level unemployment within the duration of the programme is exhausted and they are not entitled to unemployment benefit, provided that they are not entitled to income, from any nature, higher in monthly computation than 75% of the Minimum Interprofessional Wage, excluding the proportional share of two extraordinary pages.
Although the applicant lacks income, in the terms set out above, if it belongs to a household of the items listed in the following paragraph, only the requirement for a lack of income shall be understood where the sum of the income of all the members of the household, including those of the applicant, divided by the number of members who make up the unit, does not exceed 75% of the Minimum Interprofessional Wage, excluding the proportional share of two extraordinary pages.
For these purposes, the family unit shall be considered to be composed of the applicant and the spouse, and/or children under 26 years of age, or older persons with disabilities or minors.
In the event that the applicant does not have all of the above mentioned in the preceding paragraph, the family unit shall be deemed to be composed of the applicant and his/her parents, provided that they live with them.
Income will be considered to be those set out in article 215.3.2 of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June.
(b) To be extinguished by exhaustion, including extensions, of the unemployment benefits provided for in Article 215 of the General Law on Social Security, within the duration of the programme, provided that the Income deficiency requirements set out above.
2. In both cases, the unemployed persons referred to in the preceding paragraph must be registered as jobseekers, subscribe to the undertaking of activity referred to in Article 231.2 of the General Law on Social Security and undertake to carry out the various actions to be determined by the relevant Public Employment Service in the active labour insertion pathway in which they participate.
3. The requirements for the absence of individual income and, where appropriate, family income must be met at the time of the application and during the receipt of the extraordinary unemployment benefit, with the exception being applicable to the Second paragraph of Article 215.3.1 of the General Law on Social Security.
4. Workers who have exhausted the unemployment allowance for over 52 years of age, as provided for in Article 215.1.3 of the General Law on Social Security, shall not be eligible for the programme. (a) such a condition, which is exhausted by unemployment benefit or unemployment benefits during periods of productive inactivity and workers who exhaust the unemployment benefit or unemployment benefits during the suspension of the relationship or the reduction of the working day under the Employment Regulation Expedients.
Article 3. Obligations of employees.
The workers for incorporation and maintenance in the Program must fulfill the obligations that imply the commitment of activity that they subscribe and those that derive from it, as well as those provided for in the article 231.1 of the General Law of Social Security.
Article 4. Job insertion itineraries.
The Public Employment Services of the competent Public Administrations will define the contents of the work insertion itinerary in which the beneficiaries of the program should participate.
Article 5. The amount and duration of the extraordinary unemployment benefit.
1. The monthly amount of the extraordinary unemployment benefit that is regulated in this Law will be equal to 80 percent of the current monthly Multiple Effects Income Indicator.
2. The maximum duration of the extraordinary unemployment benefit shall be 180 days.
3. The State Employment Public Service shall not be listed as a social security benefit by the beneficiaries of the extraordinary unemployment benefit during the receipt of the benefit, but the beneficiaries shall be entitled to the benefit of the benefit health and, where appropriate, family benefits, under the same conditions as the workers included in one of the schemes that make up the Social Security System.
Article 6. Application for extraordinary unemployment benefit.
The application must be submitted within 60 days of the exhaustion of the contributory level benefit or the unemployment benefit, in the official model to be established, which will include the express subscription of the commitment to work and to participate in an itinerary of insertion, and will be presented in the Public Employment Service responsible for the management of the itinerary. After that period, the extraordinary unemployment benefit shall be refused.
Article 7. Dynamic of the extraordinary unemployment benefit.
1. Workers who fulfil the conditions laid down in Article 2 shall be entitled to the extraordinary unemployment benefit covered by this Law from the day following that in which they are applied for.
2. The rules on suspension and termination laid down in Articles 212, 213 and 219.2 of the General Law on Social Security shall apply to the extraordinary unemployment benefit.
3. In any event, the termination of the extraordinary unemployment benefit shall be caused by the holder of one or more work for an employed person whose cumulative duration is 12 months or more, without the right of option to be exercised established in Article 210.3 of the General Law on Social Security.
When the worker is entitled to an extraordinary unemployment benefit and is also in some of the situations giving entitlement to the unemployment allowance, he may maintain or resume his/her perception of the (a) special unemployment benefit or claim entitlement to the allowance. In the event that the allowance is recognised, the outstanding unemployment benefit shall be extinguished. If you maintain or resume the allowance for extraordinary unemployment, you may subsequently apply for the unemployment allowance, where appropriate, with the effect of the effects laid down for applications outside the period, except in the case of the allowance. provided for in Article 215.1.2 of the General Law on Social Security for which it will be required to be again in a legal state of unemployment.
Article 8. Management and Competent Bodies.
1. The State Employment Public Service shall inform workers who have exhausted the duration of the unemployment benefit at the contributory level or the unemployment benefits of the possibility of applying for recognition of the benefit by extraordinary unemployment and admission to the programme.
2. The corresponding Public Employment Services shall transfer the application for the extraordinary unemployment benefit to the State Employment Public Service in which the undertaking of activity acquired by the applicant shall be recorded.
3. The State Employment Public Service, through its Provincial Directorates, shall declare recognition or refusal, and the suspension, termination or resumption of the extraordinary unemployment benefit, which shall mean admission or admission and the low or reinstatement to the program.
If these are unemployed workers from the Special Social Security Regime of the Workers of the Sea, the resolutions will be dictated to the Social Institute of the Navy.
4. The State Employment Public Service or, where appropriate, the Social Institute of the Navy, shall immediately transfer to the corresponding Public Employment Services the decisions relating to this extraordinary unemployment benefit. as the casualties or re-additions to it that occur.
5. The competent Public Employment Services shall manage the actions corresponding to the itineraries referred to in Article 4. On a monthly basis, they shall provide information to the State Employment Public Service on the situation of participation in those itineraries of the beneficiaries of the programme. They shall also report non-compliance with the obligations at the time they occur.
6. The exchange of information provided for in this Law for the implementation of the programme shall be carried out preferably by telematic means in the formats provided by the State Employment Public Service.
7. The decisions relating to this benefit and the corresponding payments shall be made as soon as possible. In any event, the time limits provided for in Article 228 of the General Law on Social Security shall apply.
Article 9. Incompatibilities.
The extraordinary unemployment benefit will be incompatible with social wages, minimum income or similar social assistance benefits granted by the various public administrations, and will also be applied to incompatibilities set out in Article 221 of the General Law on Social Security and its implementing rules.
Article 10. Funding.
1. The extraordinary unemployment benefit that is regulated in this Act will be funded from the State Employment Public Service budgets.
2. The actions included in the employment pathways will be funded from the budgets of the competent Public Employment Services.
Article 11. Financing of the extraordinary unemployment benefit.
One. Impact on the State Expenditure Budget.
1. In order to cover the financing of the extraordinary unemployment benefit, as referred to in this Law, a credit supplement is granted to the budget of Section 19 "Ministry of Labour and Immigration", Service 03 " General Secretariat of Employment ", Program 000X" Internal Transfers ", Chapter 4" Current Transfers ", Article 41" To Autonomous Bodies ", Concept 412" To finance the budget of the State Employment Public Service ", for an amount of EUR 345,000,000.00.
2. The credit supplement provided for in the preceding paragraph shall be financed by public debt, with the sole purpose of this Act being the sole purpose of Article 16 of the recast text of the General Law on Budgetary Stability, approved by Royal Decree-Law 2/2007 of 28 December, and Articles 50.1 and 55.1 of Law 47/2003 of 26 November, General Budget, in respect of the financing of credit supplements with Contingency Fund.
Two. Impact on the State Employment Public Service Budget.
The credit supplement referred to in the previous paragraph shall finance an extension of credit in the State Employment Public Service budget, in the following terms:
Revenue Budget:
Increases:
| Naming | Amount (Euro) |
|
|---|---|---|
|
fund the State Employment Public Service budget. | 345.000,000.00 | |
| Total | 345.000,000.00 | |
Expense Budget:
Credit extension:
| 19.101.251M.480.01 | Naming | Amount (Euro) |
|---|---|---|
|
allowance, even previous exercise obligations | 345.000,000.00 | |
| Total | 345.000,000.00 | |
Article 12. Extra duty.
The provisions of Title III of the General Law on Social Security are expressly provided for in Title III of the General Law on Social Security.
Additional disposition first. Study on current unemployment benefits and benefits.
The government will carry out a study, in the next six months, on the results of the extraordinary unemployment benefit that this Law regulates, as well as the current unemployment benefit and benefits, on income the active insertion and on the other mechanisms of protection of these contingencies by the autonomous communities and the local entities, according to the following criteria:
-Perceptors, from a qualitative and quantitative point of view, participation in training and public interest activities, and insertion into the labour market.
-Cuantias of these perceptions, participation of local entities and degree of coordination with the autonomous communities.
The reference study will be forwarded to the competent committees of the Congress of Deputies and the Senate.
Additional provision second. Collaboration agreements with the Autonomous Communities.
The State Employment Public Service will be able to establish collaboration agreements with the Autonomous Communities to develop the necessary actions to comply with the provisions of this Law, in the terms established in Article 28 of Law 56/2003 of 16 December 2003 on Employment.
Single transient arrangement. Incorporation into the programme of workers who have exhausted unemployment benefits as from 1 January 2009.
Notwithstanding the provisions of Article 1.2 of this Law, those who, in compliance with the requirements laid down in Article 2, would have been extinguished by exhaustion of the benefit shall be eligible for this programme. contributory unemployment or unemployment benefit since 1 January 2009. This collective must submit the application within 60 days of the entry into force of this Law, in the form and with the effects provided for in Article 6.
Final disposition first. Use of electronic means in the processing of procedures for the protection of unemployment.
According to the provisions of Articles 38 and 39 of Law 11/2007, of 22 June, of electronic access of citizens to Public Services, a new provision is added to the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June, with the following wording:
" Additional 42nd disposition. Electronic processing of procedures for the protection of unemployment.
According to the provisions of Articles 38 and 39 of Law 11/2007, of 22 June, of electronic access of citizens to Public Services, resolutions can be adopted and notified in an automated manner. procedures for the management of the unemployment protection provided for in Title III of this Law.
To this end, by means of a decision of the Director General of the State Employment Service, the procedure or procedures in question shall be established in advance, the competent organ or bodies, as the case may be, for the definition of the specifications, programming, maintenance, supervision and quality control and, where appropriate, audit of the information system and its source code. The body to be held liable for the purposes of challenge shall also be indicated. '
Final disposition second. Powers of development.
The Minister of Labour and Immigration, within the scope of his or her powers, will dictate the necessary provisions for the development and implementation of the provisions of this Law.
The Government is also enabled to approve, through the Council of Ministers Agreement, how many provisions are necessary for implementation and development to ensure the proper coordination of the Public Employment Service. State with the public employment services of the autonomous communities, as well as the modernization and improvement of the material and technological resources of the network of offices, including the provision of human resources necessary to face the execution of the program.
Final disposition third. Enabling the Government.
The government is enabled to, taking into account the available budgetary resources, the economic outlook and the unemployment situation, extend this programme for periods of six months.
Final disposition fourth. Competence title.
This Law is issued under Article 149.1.17 of the Constitution, which establishes the exclusive competence of the State in matters of basic legislation and the economic regime of Social Security.
Final disposition fifth. Entry into force.
This Law shall enter into force on the day following that of its publication in the "Official Gazette of the State".
Therefore,
I command all Spaniards, individuals and authorities, to keep and keep this Law.
Madrid, 11 November 2009.
JOHN CARLOS R.
The President of the Government,
JOSE LUIS RODRIGUEZ ZAPATERO
