The additional 40th text of the recast text of the General Law of Social Security, added under the final provision of Royal Decree-Law 10/2009 of 13 August, which regulates the program The Committee on Employment and the Economic and Economic and Economic and Economic Committee adopted a resolution on the subject of unemployment protection and the introduction of electronic procedures for the protection of unemployment. procedures for the management of the unemployment protection provided for in Title III thereof, as provided for in Article in Articles 38 and 39 of Law 11/2007, of 22 June, of electronic access of citizens to Public Services and in the resolution that the Director General of the Public Service of State Employment will dictate to the effect.

According to the definitions incorporated in that Law 11/2007, of June 22, it is understood by automated administrative action that produced by an adequately programmed information system without the need of intervention by a natural person in each individual case, including the production of acts of procedure or resolution of procedures, as well as of mere communication. It is not only a question of dealing with an administrative procedure by telematic means, but it allows for its automated resolution through a computer application, which requires the establishment of the guarantees and limits to be surrounded by the type of action.

Therefore, in accordance with Articles 38 and 39 of the aforementioned Law 11/2007 of 22 June, and on the basis of the habilitation contained in the additional 42nd provision of the recast text of the Law General of Social Security cited above, resolute:

First. Purpose and scope. -This resolution is intended to regulate the automated electronic processing of the procedures for the management of unemployment benefits, which are listed in the following paragraph, in accordance with the provisions of the the additional 40th text of the recast text of the General Law on Social Security, adopted by Royal Legislative Decree 1/1994 of 20 June.

The State Employment Public Service may adopt and notify resolutions in an automated manner in the following procedures:

(a) Applications for discharge and resumption of contributory unemployment benefits and unemployment benefits covered by Title III of the recast of the General Law on Social Security; of the income programme Labour force of the unemployed with special economic needs and difficulty in finding regulated employment in Royal Decree 1369/2006 of 24 November; of the agricultural income for the casual workers included in the Special Regime Agriculture of Social Security residing in the Autonomous Communities of Andalusia and Extremadura, regulated in Royal Decree 426/2003 of 11 April, and of the temporary program of protection for unemployment and insertion, regulated in the Royal Decree-Law 10/2009, of August 13.

(b) Requests for extensions of the unemployment benefits covered by Title III of the recast of the General Law on Social Security.

(c) Applications for the payment of the contributory unemployment benefit in its single payment method, regulated in the transitional provision fourth of Law 45/2002 of 12 December, of urgent measures for the reform of the system of (i) protection for unemployment and improvement of occupational safety; and for the accumulated and anticipated payment of unemployment benefit to non-Community foreign workers who voluntarily return to their countries of origin, regulated by the Royal Decree-Law 4/2008 of 19 September.

(d) Other procedures that may result in the adoption of resolutions in an automated manner, related to the requested, recognized and/or perceived unemployment benefits, such as suspensions or extinctions of the right.

Second. Identification of the computer application. The computer application that allows automated administrative action is the application SILD, approved by Resolution of the Director General of the Public Service of State Employment, of 6 October of 2009.

This application performs treatments of the information whose result will be used by the State Employment Public Service for the exercise of its power to resolve, in an automated manner, the procedures related to the recognition of the benefits referred to in the previous paragraph.

This application will ensure the monitoring of the time and time, the identification of the bodies responsible for the procedures and the orderly processing of the files.

Third. Initiation, instruction, and resolution of the procedure.

1. The persons concerned may initiate automatic processing of the recognition of unemployment benefits in respect of the first paragraph by accessing through the electronic register of the State Employment Public Service, as amended by resolution of the Director-General of the State Employment Service of 18 September 2009.

Citizens ' access to electronic registration will be made through the electronic address referred to in Order TAS/503/2007 of 28 February, creating a telematic register in the Public Employment Service. State for the submission of letters, applications and communications and the general criteria for the telematic processing of certain procedures. They will be able to access this register from the electronic address www.redtrabaja.es, under the sub-section of Work/Prstations, and according to the computer specifications required by the management applications of the that the persons concerned shall be informed in the direction of the Agency's electronic register.

2. Data subjects may be identified and authenticated by electronic DNI, a recognised electronic certificate admitted in the field of the General Administration of the State, or by user ID and password provided by the Public Employment Services, being generated and made available to the citizen with guaranteed security.

3. The electronic processing incorporates the automatic capture of information from the databases of the Public Service of State Employment, the Public Services of Employment, the Social Security, or other Public Authorities or Administrations, as well as the company certificate information provided by the entrepreneurs via the Internet through the Certific@2 application.

4. The data subjects must complete the data required by the application and confirm those that will be presented in successive steps for the purpose of processing their application and that the application can be resolved and notified. electronically.

In addition, they must annex electronically or, failing that, submit to their Office of Public Service Public Service stations or any of the means provided for in Article 38.4 of Law 30/1992 of 26 November 1992. Legal status of the public authorities and the common administrative procedure, the supporting documents which are required in each case by the computer application for the processing and electronic resolution of the services by unemployment, except in the case of a company certificate where they have been referred by Internet through the application certific@2.

The failure to refer to the documents referred to within the 15 working days following the date of termination shall be void and, where appropriate, the reimbursement of the benefits unduly paid.

5. The application forms for unemployment benefits referred to in paragraph 1 shall be signed electronically using one of the following means:

a) A recognized electronic signature, using electronic DNI, according to article 14 of Law 11/2007, of June 22, of electronic access of citizens to Public Services.

b) A recognized electronic certificate from among those admitted by the General Administration of the State, in accordance with the provisions of Article 15 of Law 11/2007, of June 22.

(c) Advanced electronic signature, as well as in accordance with Article 15 of Law 11/2007 of 22 June, using an electronic certificate issued by the State Employment Public Service in the name of the user. This certificate is issued upon user identification and authentication using the keys provided by the Public Employment Services, and incorporating a second authentication factor based on a single-use password sent to the user. the mobile phone of the citizen, which consists of the databases of the State Employment Public Service. The certificate will be stored in a security device managed by the State Employment Public Service for later access solely and exclusively by the user.

Access to this electronic certificate by the user for the purposes of signing applications for recognition of unemployment benefits is done by the same double factor of authentication used for its creation: password associated with the user ID, along with a single-use password referred to the citizen's mobile phone that consists of the State Employment Public Service databases. This electronic certificate complies with the X.509 v3 standard, and enables the advanced electronic signature according to the PKCS#7specification.

6. The State Employment Public Service shall issue automated resolution, which shall expressly contain, in addition to the general content laid down in Law 30/1992, of 26 November, the following:

a) Your automated administrative act condition.

(b) A secure verification code incorporated at the foot of the document, in accordance with the provisions of Article 18 (1) (b) of Law 11/2007, of 22 June, ensuring the identification and authentication of the exercise of its competence in the automated administrative resolution, allowing in any case the verification of the integrity of the document through access to the Agency's electronic headquarters.

(c) The digitised signature of the Provincial Director of the State Employment Public Service corresponding to the residence of the applicant.

(d) The warning of the effects of the failure to refer within 15 working days of the documents referred to in paragraph 4 above.

7. Interested parties may obtain a copy of the application, the protection of their electronic processing which incorporates the registration number, the resolution, as well as the data used for the electronic processing of the corresponding procedure.

Fourth. Electronic processing files. -electronically processed files may comprise electronic documents, generated by the application, digitised or received by the Internet, through forms or files as established in the each case and, where applicable, documents on paper support.

The copies of the electronic documents shall be considered as provided for in Article 30 of Law 11/2007, of June 22, cited above.

Fifth. Body responsible for the purposes of impeachment. -Resolutions of the State Employment Service concerning the recognition, refusal, suspension or termination of any of the procedures laid down in the first paragraph of this Article Judgment shall be brought before the courts of the social order, upon complaint to the relevant Provincial Directorate of the State Employment Public Service in the manner provided for in Article 71 of the recast of the Law of Labor Procedure, approved by Royal Legislative Decree 2/1995, of April 7.

Sixth. Competent bodies for the definition, programming and monitoring of the operation of the information system used. The competent body for the definition of the specifications of the information system used is the Subdirectorate-General of Unemployment benefits of the State Employment Public Service. Likewise, the competent authority for the programming of the defined specifications, maintenance, supervision and quality control and, where appropriate, audit of the information system used and its source code is the Subdirectorate General of State Employment Service Information and Communications Technologies.

Seventh. Entry into force. This Resolution shall enter into force on the day of its publication in the Official Gazette of the State.

Madrid, October 15, 2009. -Director General of the Public Service of State Employment, Francisco Javier Orduna Bolea.