I

The impact of the current economic crisis on employment and the labour market is being significantly severe as seen from the significant increase in unemployment and the destruction of employment in the last 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 strengthening the protection of workers, the Government has taken a commitment to increase the budgetary allocations in the In the case of unemployment benefits, it is necessary to ensure the right to the recovery of unemployment benefits and has already 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 and thus avoid periods of lack of protection, which was carried out by the promulgation of the Royal Decree-Law 2/2009 of March 6, of urgent measures for the maintenance and promotion of the employment and protection of unemployed persons, currently in the Congress of Deputies for processing as a Bill.

In this context, the Temporary Program for Protection for Unemployment and Insertion Regulated in this Royal Decree-Law is part of the measures being taken by the government to deal with the economic crisis. of 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 Debate of the State of the Nation in 2009, and prior to its approach in the framework of the Social Dialogue without having reached agreement, the Government considers 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.

Therefore, within a limited time frame and through this Program, unemployment protection is extended to workers who have exhausted previous benefits and benefits and are in need of 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 powers, the purpose of which is to regulate an extraordinary unemployment benefit which may be perceived by the 65 years after the exhaustion of the unemployment benefit or allowance provided for in the recast text of the General Law on Social Security, adopted by Royal Decree-Law 1/1994 of 20 June, which does not have its own income and In the case of a family-run accounting of more than 75% of the Minimum Interprofessional Wage perform 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 taken in this Royal Decree-law are contained in 12 articles, a single transitional provision and five final provisions, which are implemented as follows:

The duration of the program will be six months from the date of entry into force of this Royal Decree-Law.

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.

The monthly amount of this extraordinary unemployment benefit will be equal to 80% of the Multiple Effects Income Indicator (IPREM) in force at any time, and its maximum duration will be 180 days.

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 recast text 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.

In the single transitional provision, in order to respond to the commitment made by the government, the possibility is foreseen that, in addition to the collective agreement referred to in Article 1, the latter will be able to workers who, in compliance with the requirements laid down in Article 2, have exhausted their unemployment benefit or allowance from 1 August 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, and the rate of unemployment when it exceeds 17 per cent, as well as the title and entry into force.

III

finally, in this new measure, articulated in the Temporary Programme for the Protection of Unemployment and Insertion, the circumstances of extraordinary and urgent need for Article 86 of the Treaty are met by their nature and objectives. the Constitution as a budget of the Royal Decree-Law, since, in fact, the number of workers who deplete the duration of benefits or unemployment benefits day by day increases in Spain without finding work, many of them without to have other resources, which leads to the situation of social exclusion imminently. The provision of a minimum guarantee of income for this collective must inevitably be carried out in an urgent manner to respond efficiently to the extraordinary situation which the Spanish society is witnessing and which is characterized on the one hand. the strong increase in the number of unemployed and, on the other hand, by the marked increase in the duration of periods of unemployment, these circumstances require the immediate and unavoidable implementation of this programme, which will, in turn, lead to reinsertion of those who participate in it.

In its virtue, in use of the authorization granted in article 86 of the Constitution, on the proposal of the Minister of Labor and Immigration, after deliberation of the Council of Ministers at its meeting of August 13, 2009,

DISPONGO:

Article 1. Object and duration of the Program.

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 forth in this Royal Decree-Law.

2. The duration of the programme shall be six months from the date of entry into force of this Royal Decree-Law.

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 per cent of the inter-professional minimum wage, excluding the proportional share of two extraordinary pages.

For these purposes, even if the applicant lacks income, in the terms previously established, if he/she has parents and/or spouses, and/or children under 26 years old, or older with disabilities or minors, it is understood only met the requirement of a lack of income when the sum of the income of all the members of the family unit thus constituted, including the applicant, divided by the number of members who compose it, does not exceed 75 percent of the salary interprofessional minimum, excluding the proportional share of two extraordinary pages.

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 exhaustion of the unemployment benefit or the unemployment benefit, as well as at the time of the application and during the perception of the benefit by extraordinary unemployment, not being applicable the caveat included in the second paragraph of article 215.3.1 of the General Law of 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 Royal Decree-Law will be equal to 80 percent of the Public Indicator of Multiple Effects Income (IPREM) in force.

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 for 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 meet the requirements laid down in Article 2 shall be entitled to the extraordinary unemployment benefit set out in this Royal Decree-Law from the day following that in which they are requested.

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.

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 Royal Decree-Law for the implementation of the programme shall be carried out preferably by telematic means in the formats to be provided by the State Employment Public Service.

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 Royal Decree-Law 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, referred to in this Royal Decree-Law, a credit supplement is granted to the budget of Section 19 "Ministry of Labour and Immigration", Service 03 " Secretariat General Employment ", Programme 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 granted in the preceding paragraph shall be financed by public debt, with the exception of the provisions of Article 16 of the recast of the General Law on Budgetary Stability, approved by the Royal Legislative Decree 2/2007, of 28 December, in Articles 50.1 and 55.1 of Law 47/2003, of November 26, General Budget, regarding 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 will finance a credit extension in the State Employment Public Service budget, in the following terms:

Revenue Budget

Increases

Denomination

Amount (Euro)
19.101.400.02	To fund the State Employment Public Service budget.	345.000,000.00
Total		345.000,000.00

Expense budgets

Credit extension

Denomination

Amount (Euro)
19.101.251M.480.01	Unemployment benefit, even previous exercise obligations	345.000,000.00
Total		345.000,000.00

Article 12. Extra duty.

As expressly stated in this Royal Decree-Law regarding the provision for extraordinary unemployment, the provisions of Title III of the General Law on Social Security will be in place.

Single transient arrangement. Incorporation into the programme of workers who have exhausted unemployment benefits as from 1 August 2009.

Notwithstanding the provisions of Article 1.2 of this Royal Decree-Law, they shall be entitled to be beneficiaries of this programme, those who fulfil the requirements laid down in Article 2, shall have been extinguished by exhaustion. unemployment benefit or unemployment benefit as of 1 August 2009. This collective shall submit the application within 60 days of the publication of this Royal Decree-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 June 22, 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 layout 45th. 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 powers, will dictate the provisions necessary for the development and implementation of the provisions of this Royal Decree-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 royal decree-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 royal decree-law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Palma de Mallorca, on August 13, 2009.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO