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Order Tin / 1168/2009, Of 5 May, By Which The Order Of The Ministry Of Labour And Social Affairs Of 19 December 1997 Amending Amending The Rules For Granting Public Subsidies Are Set By The Institute Naci ...

Original Language Title: Orden TIN/1168/2009, de 5 de mayo, por la que se modifica la Orden del Ministerio de Trabajo y Asuntos Sociales de 19 de diciembre de 1997, por la que se establecen las bases reguladoras de la concesión de subvenciones públicas por el Instituto Naci...

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TEXT

The Order of the Ministry of Labour and Social Affairs of 19 December 1997 laying down the basis for the granting of public subsidies by the National Institute of Employment in the field of employment collaboration with organs of the General Administration of the State and its autonomous organizations, Autonomous Communities, Universities and non-profit institutions, which employ unemployed workers for the construction of works and services general and social interest, as laid down in Article 4, in the wording given by Order TAS/2435/2004 of 20 March The Commission has also adopted a proposal for a Council Directive on the approximation of the laws of the European Union. These grants will be used to finance the wage costs of workers who are employed for the execution of works and services of general and social interest. The maximum amount of the grant to be received by the beneficiary institutions shall be equal to the result of multiplying the number of unemployed workers employed for the number of months of the contract and the amount of the module which corresponds to the contract worker's social security contribution group, with three modules being established linked to the public multi-purpose income indicator (IPREM) in force each year.

Within the actions supported under this Ministerial Order is included every year the realization of the Special Plans of Employment in the Cities of Ceuta and Melilla, through the hiring by the Ministry of Public Administrations in these cities of unemployed workers. These workers are entitled to receive the allowance for residence in these cities, which, in addition to the rest of the remuneration to be paid, generates wage costs which largely exceed the amount of the grants currently established. which, as noted above, do not cover all the wage costs arising from the recruitment of unemployed workers. This situation may lead to the impossibility of developing the Special Plans for Employment, which generate an important volume of recruitment of unemployed workers in a context of high unemployment.

Therefore, it is considered necessary to amend the Order of 19 December 1997 in order to allow the inclusion of the eligible amount for the allowance for residence in the cities of Ceuta and Melilla, in the field of actions developed by organs of the State Administration in these cities.

In its virtue, in accordance with the provisions of Article 17 of Law 38/2003, of 17 November, General of Grants, prior to the report of the State Advocate in the Department and the Delegation of the Intervention State General at the State Employment Public Service, I have:

Single item. Amendment of the Order of the Ministry of Labour and Social Affairs of 19 December 1997 laying down the basis for the granting of public subsidies by the National Institute of Employment in the field of collaboration with organs of the General Administration of the State and its self-employed bodies, Autonomous Communities, Universities and non-profit institutions, employing unemployed workers for the performance of works and services of general interest and social.

An additional new provision is included in the Order of the Ministry of Labour and Social Affairs of 19 December 1997 laying down the basis for the granting of public subsidies by the Ministry of Labour and Social Affairs. National Employment Institute in the field of collaboration with organs of the General Administration of the State and its autonomous organizations, Autonomous Communities, Universities and non-profit institutions, which employ unemployed workers for the performance of works and services of general and social interest, with the following content:

" Additional disposal sixth. Grants in projects to be developed in the cities of Ceuta and Melilla by organs of the General Administration of the State.

In the projects approved in the calls for grants to be awarded by the State Employment Public Service for the development of projects by organs of the General Administration of the State in the cities of Ceuta and Melilla, in addition to the amounts laid down in Article 4, shall be eligible for the amount of the residence allowance paid by the contract workers, provided that the contracting authority is obliged to pay the legal or conventional provision. "

Single transient arrangement. System of application to projects of works or services.

The provisions of the single article of this provision shall apply to the projects of works or services which are approved as of the date of entry into force of this order, by means of a decision to grant grants issued under the Ministerial Order of 19 December 1997 mentioned above.

Final disposition first. Competence title.

This order is dictated by the provisions of Article 149.1.7. of the Constitution, which attributes exclusive competence to the State in matters of labor law, without prejudice to its execution by the organs of the Autonomous Communities.

Final disposition second. Entry into force

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

Madrid, May 5, 2009. -Minister of Labor and Immigration, Celestino Corbacho Chaves.