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Royal Decree 1917 / 2008 Of 21 November, Which Approves The Program Of Socio-Labour Insertion For Women Victims Of Gender Violence.

Original Language Title: Real Decreto 1917/2008, de 21 de noviembre, por el que se aprueba el programa de inserción sociolaboral para mujeres víctimas de violencia de género.

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Organic Law 1/2004, of December 28, of Comprehensive Protection Measures against Gender Violence, serves the victims of this type of violence in a comprehensive and multidisciplinary way, so that the law of the its aims provide for a set of measures covering preventive, educational, social, care and post-victim care aspects. Among these measures, it is worth noting that the unemployed victims registered in the public employment services, who seek their social integration and thus gain access to an economic and personal independence necessary to break up the link with their attacker and achieve their effective comprehensive recovery. However, women victims of gender-based violence often have particular difficulties in accessing employment due to circumstances arising from the situation of violence suffered, such as the consequent isolation of the the work and social world, the deterioration of self-esteem or the fact of having to take care of the dependent family members. On other occasions, they are in need of moving their habitual residence to a different locality in the interests of their personal protection, which often involves the search for a new job. Therefore, the Organic Law establishes in Article 22 that " in the framework of the Employment Plan of the Kingdom of Spain, a specific action programme will be included for victims of gender-based violence registered as jobseekers. This programme will include measures to encourage the start of a new self-employment activity. " As a result, the current National Reform Programme of the Kingdom of Spain (PNR), whose predecessor, since 1998, was the National Employment Action Plan for each year, included the mandate to launch a specific programme for the victims of gender-based violence registered as jobseekers, within measures to increase the rate of female occupation and eliminate their employment discrimination. Article 17.3 of the recast text of the Law on Workers ' Statute, adopted by the Royal Legislative Decree 1/1995 of 24 March, states that " the Government may grant grants, allowances and other measures to promote the employment of specific groups of workers who encounter special difficulties in accessing employment. " In the same sense, Article 26.1 of Law 56/2003 of 16 December 2003 enables the Government to establish specific programmes to promote the employment of persons with special difficulties in the integration of the labour market. work. For its part, the Organic Law 3/2007, of March 22, for the Effective Equality of Women and Men, provides for the development of active policies to make effective the principle of equality, the maximum expression of which is materialised in violence. " To this end, Article 11 states that the public authorities shall take specific measures in favour of women in order to correct situations of inequality in relation to men. Such measures, which shall apply as long as such situations persist, shall be reasonable and proportionate in relation to the objective pursued in each case. Furthermore, Article 14 (6) of the same legal text provides that the public authorities may take positive action measures to take account of the unique difficulties encountered by victims of gender-based violence, They are expressly considered to be a collective of women in a situation of special vulnerability. Finally, within the scope of work, Article 42 (2) of the aforementioned Organic Law makes it possible for the active sociolaboral integration programmes to be used primarily for specific groups of women. This royal decree is one of the regulatory norms of grants awarded by the State Employment Service, for the purposes set out in the corresponding real decrees of transfer to the autonomous communities of the management carried out by the Public Service of State Employment in the field of work, employment and training as well as programmes to support job creation. The program that this royal decree approves, with which the mandate of article 22 of the Organic Law 1/2004 is fulfilled, has its foundation in the objectives described. On the one hand, the aid which has been established for the same purpose since the entry into force of the Organic Law and on the other hand provides for additional aid which will contribute to the increase in the employability of women victims of gender-based violence registered in the Public Employment Services as claimants, facilitating and promoting sociolaboral insertion in employment as well as in the constitution as self-employed workers or in the creation of companies. It also provides for specialized and confidential care through points of care for victims of gender-based violence, integrated by the Public Employment Services staff with specific training in gender equality and violence. The programme therefore sets out actions for active employment policies which are available to facilitate the social integration of these workers and provide for specific grants and aid to be granted for the development of such actions that will conform to each participant's career path. On the other hand, and according to the authorization of the Government established in the final disposition of Law 43/2006, of December 29, for the improvement of the increase and the employment, this royal decree has the increase of the bonuses for the indefinite recruitment of women victims of gender-based violence covered by the law in order to promote their recruitment, as they are a collective, within women, with special difficulties in access to the labour market. This royal decree provides for the direct grant of the new creation grants collected therein, taking into account their unique character in their public, social and humanitarian interest resulting from the particular circumstances in which the women victims of gender-based violence, under the provisions of Articles 22.2.c) and 28 of Law 38/2003 of 17 November, General of Grants. The management of these grants will be the responsibility of the State Employment Public Service and the Autonomous Communities with competence in the management of the active employment policies within the framework defined in this royal decree, which is dictated by the Article 149.1.7 of the Spanish Constitution. The Sectoral Conference on Labour Affairs, at its meeting on 5 November 2007, has been informed of this royal decree. The most representative trade union and business organisations and the autonomous communities have also been consulted. In its virtue, on a joint proposal of the Minister of Labour and Immigration and the Minister of Equality, prior to the report of the Ministry of Economy and Finance, with the prior approval of the Minister of Public Administrations, in agreement with the Council of the State and after deliberation by the Council of Ministers at its meeting on 21 November 2008,

D I S P O N G O:

CHAPTER I

General provisions

Article 1. Object.

This royal decree aims at the approval of a Sociolaboral insertion program for women victims of gender-based violence, registered as job seekers, which includes a set of active policy measures of (a) employment directed to this collective and the regulation of them.

Article 2. Action measures.

The actions of the Program included in this royal decree are the following: a) Itinerary of sociolaboral insertion, individualized and performed by specialized personnel.

(b) a specific training programme to promote the social inclusion of an employed person, in which work is carried out on personal aspects where appropriate, with actions aimed at increasing self-esteem and motivation for the employment, and in professional aspects of the women participating in the programme. (c) Incentives to encourage the start of a new self-employed activity. d) Incentives for companies that hire victims of gender-based violence. (e) Incentives to facilitate geographical mobility. f) Incentives to compensate for differences in wages. g) Conventions with companies to facilitate the recruitment of women victims of gender-based violence and their geographical mobility.

Article 3. Beneficiaries of the Programme.

1. Women victims of gender-based violence who are registered as jobseekers in the Public Employment Services will be eligible for the actions that the Programme integrates. However, it will not be necessary to register victims of gender-based violence as jobseekers for the application of the bonuses referred to in Article 9 of this royal decree.

2. The situation of gender-based violence, for these purposes, will be credited:

a) Through the conviction sentence.

(b) Through the judicial resolution that has agreed to precautionary measures for the protection of the victim. (c) through the protection order agreed in favour of the victim or, exceptionally, the report of the Prosecutor's Office indicating the existence of indications that the applicant is a victim of gender-based violence until the order of protection.

3. The time limit for accessing the measures referred to in this royal decree, unless otherwise provided in it, shall be as follows, depending on the form of accreditation of the status of victim of gender-based violence:

a) In the case of a conviction, during the 24 months after its notification. In order to access the incentives provided for in Articles 10 and 11 of this royal decree, and where the victim participates in the specific training programme referred to in Article 7, this 24-month period shall be increased for the duration of the participation in that programme.

(b) In the case of a judicial decision that has taken precautionary measures or the order of protection, during the validity of those measures. (c) In the case of the report of the Prosecutor's Office, pending the adoption of a resolution on the protection order.

These deadlines may be concurrent and of successive application, in accordance with the evolution of the situation of the victim.

4. On the other hand, women victims of gender-based violence, incorporated into the Active Income Programme of Insertion for this cause, may be beneficiaries under the conditions set out in Royal Decree 1369/2006 of 24 November 2006. regulates the programme of active employment for the unemployed with special economic needs and difficulty in finding employment.

Article 4. Points of attention to victims of gender-based violence and data processing.

1. The competent public authorities in the field of employment shall draw attention to the victims of gender-based violence, in which the attention given to such women shall be specialised and confidential.

2. In the procedures to be established for the incorporation of victims in the various active policy actions, as well as in the intermediary processes for their placement, the competent public authorities must establish the mechanisms necessary to guarantee, at all times, the confidentiality of the data, in accordance with the provisions of the Organic Law 15/1999 of 13 December on the Protection of Personal Data. Where the demand for employment is brought to the attention of third parties, the situation of gender-based violence can only be made known with the express consent of the victim.

Article 5. Compatibility of subsidies.

The measures regulated in this royal decree will be compatible with each other, as well as with the other measures of active employment policies for the employment of this collective and with other grants, aids, income or resources for the same purpose, from any national, public or private authorities, national, European Union or international bodies. Notwithstanding the foregoing, it shall apply to the allowances referred to in Article 9 as provided for in Article 7.3 of Law 43/2006 of 29 December 2006 for the improvement of growth and employment.

Scholarships for assistance to vocational training courses established in Article 7 of this royal decree are compatible with the perception of unemployment benefits and benefits, including the Active Income of Insertion.

CHAPTER II

Measures to facilitate social integration of victims of gender violence

Article 6. Itinerary of sociolaboral insertion made by specialized personnel.

Guidance that is developed with victims of gender-based violence registered as job seekers in the Public Employment Services must be individualized, based on the resources and circumstances surrounding the employment. each person.

It will be done by specialized technical staff, for which the Public Employment Services will have to ensure that the specialized technicians that attend to this collective have the necessary training to carry out a Tutelation of women in the process of sociolaboral insertion. The specialist technician who supports women in the design of their itinerary will be responsible for their monitoring and evaluation, coordinating the various actions in which they participate until the social integration as an employed or self-employed person. The employment guidance actions shall be carried out on an individual basis, except where the specialised technician considers it appropriate and beneficial for the participants to include them in general guidance actions such as the job search, interview workshops, information or motivation sessions, or those designed for similar purposes. In order to achieve the highest degree of participation of these persons in the various active employment policy programmes which are necessary for the proper development of their process of professional integration, in the application of the criteria of Priority for the selection of participants in such programmes will be specifically identified as a victim of gender-based violence, giving particular priority to this condition.

Article 7. Specific training programme to promote social integration.

The implementation of a specific training programme may be included within the social and occupational integration pathway. This programme will have two phases: a first stage of pre-training and a second phase of vocational training for employment. However, the specialised technician may, in the light of the specific needs of the victim of gender-based violence, determine whether the victim needs to participate in the two phases of the programme or only in the second stage. (a) First stage of pre-training. The objective of this phase is to provide beneficiaries with the development of social skills and, where appropriate, a basic qualification, as well as to motivate them in their incorporation or reintegration into the labour market and to face the second phase of training.

This phase will be carried out through the resources available in each autonomous community, such as social services, equality bodies, non-governmental organizations, or other agencies or entities, for which the Public Employment Service will articulate the corresponding coordination. The specific needs of foreign women, among others, the language, and of women with disabilities, should be taken into account.

b) Second phase of vocational training for employment.

This phase will be carried out in accordance with the provisions of Royal Decree 395/2007 of 23 March, which regulates the occupational training subsystem for employment, and will consist of the participation of women in the training actions to be offered annually by the Public Employment Services.

Its objective is to provide participants with professional training for employment in different specialties that adapt to their initial profile and belong to sectors of activity with capacity to generate employment, guaranteeing their insertion into the labour market. For the purpose of ensuring the highest level of social integration, the training actions, as far as possible, will be developed mainly through training measures including procurement commitments, as provided for in the Articles (d) and 23.2.d) of Royal Decree 395/2007 of 23 March 2007 governing the vocational training subsystem for employment, in which at least 60% of the participants formed are contracted to the end of the course. During the time of participation in a training action the woman will be entitled to receive a grant for assistance of EUR 10 per day until the end of the course. This grant is compatible with the grants and scholarships set out in Royal Decree 395/2007 of 23 March 2007. Similarly, in order to reconcile attendance at courses with the care of children under the age of 6 years or dependent family members, aid may be granted in accordance with the terms of Article 25.4 of Royal Decree 395/2007. The aid will be granted in accordance with the procedure laid down in Royal Decree 395/2007 and detailed rules.

Article 8. Incentives to encourage the start of a new self-employed activity.

The incentives to encourage the start of a new self-employed activity will be granted in accordance with the provisions of Order TAS/1622/2007 of 5 June 2007, which regulates the award of grants to the Programme of Promotion of Autonomous Employment, or the rule that replaces it. This order establishes that, in the case of women victims of gender-based violence, grants and aid for the establishment as self-employed or self-employed workers, being considered one of the groups with special difficulties In the case of employment, up to 10% will be increased compared to those established for other workers.

Article 9. Incentives for companies that hire women victims of gender-based violence.

The recruitment of women victims of gender-based violence is the subject of social security contributions, whether indefinite or temporary, as set out in Article 2.4 of Law 43/2006 of 29 January 2006. December, for the improvement of growth and employment.

The amount of the bonus for the recruitment of women victims of gender-based violence will be established in the final disposition of this royal decree. Companies that hire victims of gender-based violence, especially through indefinite contracts, will be able to receive grants in terms of programs to encourage the communities ' own hiring. autonomous.

Article 10. Incentives to facilitate the geographical mobility of women.

Women who, as a result of their recruitment, have to move their habitual residence, may receive the following geographical mobility grants to finance the costs arising from the transfer: (a) displacement. These grants shall be used to cover the costs of posting the beneficiary, as well as those of the family members of the beneficiary who live with her, from the place of origin to that of the new destination.

When the posting takes place on a regular line of public transport the maximum amount of the aid will be the amount of the ticket or passage within the fare corresponding to the second class, tourist or equivalent. If the particular vehicle is used for the movement, the maximum amount of the aid shall be that laid down for the purpose in the public authorities as compensation for the use of a particular vehicle, to which the amount of the tolls shall be added are justified.

(b) Expenditure on the transport of furniture and goods.

For the shipment of furniture and goods, from the place of origin to that of the new destination, in the amount of the cost of said shipment, up to a maximum of 4 times the Public Indicator of the Monthly Multiple Effects.

c) Accommodation expenses.

These grants will be used to cover expenses generated by the accommodation, including the rental or purchase of housing or other lodging expenses, the beneficiary and the family members in charge who live with it, in the location of the new destination, during the first twelve months of the contract. The maximum amount of aid shall be 10 times the current monthly IPREM.

d) Childcare and care expenses for dependent persons.

These grants will be used to cover expenses for assistance to childcare facilities or schools during the first cycle of child education of the beneficiary's children who are economically dependent on the child or for care of dependent persons, generated during the first twelve months of the contract. The maximum amount of aid shall be 4 times the current monthly IPREM.

It is considered that there is geographical mobility where, as a result of recruitment, there is an effective transfer of the worker's habitual residence to a destination location of more than 50 kilometres of the place of origin, except in the case of displacements with a destination or origin in Ceuta or Melilla or inter-island movements, carried out between any of the islands of each of the archipelagos, where the distance may be less.

Article 11. Incentives to compensate for differences in wages.

Women whose employment contract has been extinguished by decision of the worker who is forced to leave her job as a result of being a victim of violence will be entitled to these incentives. in accordance with Article 49.1 (m) of the Law on the Status of Workers, and the subsequent contract which they form, whether indefinite or temporary, with an effective duration equal to or greater than six months, implies a reduction salary in the terms of the following paragraph: When the basis of quotation resulting from the new contract of the worker is less than that of the previous contract extinguished, the worker will be entitled to receive for months an amount equal to the difference between the two contributions bases, for a maximum amount of 500 euro/month and for a maximum of 12 months.

For the purposes of calculating the difference, the average of the contribution bases for accidents at work and occupational diseases, excluding remuneration for overtime, shall be considered for the six months or period of less than the time before the date of termination of the previous contract and the average of the bases of quotation following the date of validity of the new contract, for periods of six months. In the event that the last contract of the worker, the new contract or both are part-time, the calculation shall be carried out in proportion to the usual or full-time working day.

Article 12. Agreements with companies to facilitate the recruitment of women victims of gender-based violence and their geographical mobility.

The Government Delegation for Gender Violence, in order to facilitate the recruitment of women victims of gender-based violence and geographical mobility, for those who need to move their residence with the guarantee of a job, will promote the subscription of collaboration agreements with companies to promote awareness about the gender violence and the employment insertion of the victims.

Likewise, the Government Delegation for Gender Violence will disseminate these agreements between the Public Employment Services, and other bodies and entities that serve this collective, in order to ensure that necessary to bring the woman into contact with the companies in order to promote their placement. Each Convention shall establish a Monitoring Committee for the Convention. Undertakings which conclude contracts under these Conventions shall inform the Commission of the Monitoring of the Convention thereof, in order for it to monitor and analyse the operation of this measure and its effectiveness.

Article 13. Dissemination of the Programme and other measures for the promotion and promotion of the use of victims of gender-based violence.

In accordance with Articles 23 and 25 of Law 56/2003 of 16 December 2003 on Employment, the competent administrative bodies shall organise information dissemination campaigns on the measures envisaged. in this programme, as well as other existing measures and programmes for the promotion and promotion of the employment of victims of gender-based violence.

The involvement of companies in the training of female victims of gender-based violence will be sought, to facilitate the implementation of these practices in order to provide work experience as a part of of the itinerary of professional insertion. In order to provide useful and up-to-date information on calls for aid, training offers, and other actions to be made available to women victims of gender-based violence, there should be coordination between the Services. Public Employment, Equality Bodies, Reception Houses and Social Services.

Article 14. Financing of the measures.

1. The grants provided for in Article 7 (b) and the subsidies provided for in Articles 10 and 11 of this royal decree are of a national scope and are the responsibility of the State through the State Employment Service, of Article 14 of Law 56/2003 of 16 December 2003 on Employment.

The financing of these grants will be made from the State Budget through the appropriations specifically recorded each year in the expenditure budget of the State Employment Public Service. In the case of the autonomous communities with powers in the field of management of the active employment policies, the funds referred to shall be distributed in accordance with Article 86 of Law 47/2003 of 26 November 2003. General Budget and Article 14 of Law 56/2003 of 16 December 2003. In any event, the granting of the subsidies regulated in this royal decree will be subject to adequate and sufficient credit availability in the corresponding budget item. 2. The allowances referred to in Article 9 shall be financed in accordance with the provisions of the third provision of Law 43/2006 of 29 December 2006. 3. The incentives to encourage the start of a new activity referred to in Article 8 shall be financed in accordance with Article 5 of Order TAS/1622/2007 of 5 June 2007 governing the award of grants to the Programme for the Promotion of Autonomous Employment.

Article 15. Legal nature of incentives to facilitate geographical mobility and to compensate for differences in wages.

The aid set out in Articles 10 and 11 of this royal decree will have the legal nature of subsidies and will be granted under direct concession, taking into account their unique character in their public, social and a humanitarian derivative of the particular circumstances in which women are victims of gender-based violence, under the provisions of Articles 22.2.c) and 28 of Law 38/2003 of 17 November, General of Grants and 67 of their Regulation adopted by Royal Decree 887/2006 of 21 July.

CHAPTER III

Grant Grant Procedure

Article 16. Managing bodies.

The management of the grants established in this royal decree will be the responsibility of the State Employment Public Service and the corresponding bodies or entities of the autonomous communities with responsibility for the management of active employment policies in relation to female victims of gender-based violence registered in the employment offices of their territorial scope. In cases where the subsidy is linked to the employment of the worker, the State Employment Public Service or the corresponding bodies or entities of the autonomous communities in whose territory the grant is located shall be competent. the work centre where it is active.

Article 17. Competence of the Public Employment Services.

It is up to the competent Public Employment Services to determine the form and time limits for the submission of applications for grants established in this royal decree. It shall also be for the public employment services to deal with the procedure, in compliance with the legal nature of such grants, the resolution and, where appropriate, the payment of such grants and the carrying out of the necessary checks.

Article 18. Justification and drawback of subsidies.

The justification for the beneficiaries of the grants received will be in accordance with the provisions of Article 30 of Law 38/2003 of 17 November, General of Grants.

Article 17.3 of the Royal Legislative Decree 5/2000 of 4 August, approving the recast of the Law on Infringements and Sanctions in the Social Order, will apply. They shall give rise to the obligation to return the amounts received in respect of the invalidity of the grant decision referred to in Article 36 of Law 38/2003 of 17 November, General of Grants. The total or partial refund and the requirement of interest for late payment from the date of payment of the subsidy shall also be made until the date of the repayment of the subsidy is agreed, in the cases referred to in Article 37 of that Regulation. Law.

Additional disposition first. Points of attention to victims of gender-based violence by the State Employment Public Service.

The Public Service of State Employment, in the field of its competences, will establish the points of attention to the victims of the gender violence referred to in article 4.1 of this royal decree.

These points will provide information on the existence of this programme, its rights and the aids and grants established for its insertion into the labour market by personnel with training in equality and violence. gender. Subsequently, when the woman so requires, it will be derived to the orientation processes to initiate the itinerary of sociolaboral insertion. Specialised technical staff, who must be trained in gender equality and violence, will establish the route of insertion and coordinate actions to this end. The specialized technicians referred to in the previous paragraph will be the persons entitled to access the identification data of women victims of gender violence, who will be identified in the system with a specific key. for the purposes of the provisions of Article 4.2 of this royal decree.

Additional provision second. Management of grants by the Autonomous Communities.

the Autonomous Communities which have assumed the transfer of the management carried out by the Public Service of State Employment in the field of work, employment and training, as well as of the programmes of support for job creation, exercise the functions that correspond to them in accordance with the provisions of the actual transfer decrees. Such management shall be carried out in accordance with the provisions of this royal decree and in the rules of procedure and regulatory bases for the granting of grants to the autonomous communities for their execution according to their own organisation.

Additional provision third. Monitoring and evaluation.

1. For the monitoring of the Programme, a Monitoring Committee of the same composed of: a representative of the Public Service of State Employment, with the rank, at least, of the deputy general manager, who will chair it; a representative, with rank, at least, of the Deputy Director-General, of the Directorate-General for Equality in Employment of the Ministry of Equality, which will assume the vice presidency; and a representative of each autonomous community with management powers assumed in the field of work, employment and training. The Commission will be attached to the Ministry of Labour and Immigration through the State Employment Service.

Unless the Commission agrees to another frequency, the Commission shall meet at least twice a year and on the agenda shall include a point on the analysis of the information relating to the actions carried out by the various bodies. 2. The Public Employment Services shall report to the Commission on a quarterly basis a report with at least the following information:

Programs or measures of employment and training developed.

Number and demographic partner characteristics of the beneficiaries of the different programs. Results of the actions taken. Results in terms of sociolaboral insertion. Other information of interest and relationship of good practice.

The Commission will forward this information to the social partners through the State Observatory on Women's Violence and the General Council of the State Employment Public Service. The Commission will also carry out an annual evaluation report on the actions taken.

3. The Commission shall determine its own rules of operation as far as is not regulated in accordance with the above rules and shall, where appropriate, apply the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992.

Additional provision fourth. Provision of information.

1. The autonomous communities that have taken over the management and control of the program regulated in this royal decree must provide the Public Employment Service with the necessary information for the compilation of the statistics of this program, This means that their coordination and integration with the rest of the statistical information at the state level is ensured, as well as information on the qualitative results obtained.

They should also provide the State Employment Public Service with all the information and documentation necessary for monitoring the implementation of the funds received and the implementation plans of the European Strategy for Employment and the National Reform Program, as well as those required by the State Employment Public Service to meet the requirements of other national or international organizations or entities. 2. The exchange of information shall be carried out whenever possible through the information system of the Public Services of Common Employment, integrated and compatible as referred to in Article 8 (2) (a) of Law 56/2003, 16 of December, Employment. 3. The State Employment Public Service will transmit the statistical information to the State Observatory of Violence on Women.

Additional provision fifth. Legal regime applicable to subsidies.

The grants to which this royal decree refers will be governed by the provisions of Law 38/2003 of 17 November, General of Grants and Royal Decree 887/2006 of 21 July, approving the This law, except as regards the application of the principles of advertising and competition; Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure; and the Royal Decree Legislative Regulation 5/2000 of 4 August approving the recast of the Law on Infractions and Sanctions in the Social Order, as well as the other rules applicable to them.

For the purpose of the grants provided for in this royal decree, the obligation to advertise the grants awarded, in accordance with the provisions of Article 18.3.d) of the General Law of the European Union, shall not apply. Grants.

Single transient arrangement. Implementation of measures.

1. Incentives to facilitate geographical mobility and to compensate for differences in pay as set out in Articles 10 and 11, as well as the amount of the indefinite contract allowances provided for in the first provision shall be The Commission has also decided to apply to the contracts of employment signed on the basis of the entry into force of this royal decree.

2. For the purposes of the aid for compensation for salary differences, the former contract which has been extinguished shall be deemed to have been extinguished from the date of entry into force of the Organic Law 1/2004 of 28 December of Measures of Comprehensive Protection against Gender-based violence, and in the terms referred to in Article 11.

Final disposition first. Amendment of the Employment Promotion Programme under Law 43/2006 of 29 December 2006 for the improvement of growth and employment.

In the exercise of the authorization to the Government established in the final provision of Law 43/2006, of 29 December, for the improvement of the growth and the employment, the amount of the bonus for the hiring is modified full time for women victims of gender-based violence, which is set at EUR 125 per month (EUR 1,500 per year), for 4 years from recruitment, or corresponding amount in accordance with the provisions of Article 2.7 of the Treaty. Law 43/2006 of 29 December, if the contract is part time. In the case of temporary recruitment the bonus shall be that laid down in the second paragraph of Article 2.4 of Law 43/2006 of 29 December 2006.

Final disposition second. Competence title.

This royal decree is dictated by the provisions of Article 149.1.7. of the Constitution, which confers exclusive competence on the State in matters of labor law, without prejudice to the execution of its services. by the Autonomous Communities. The regulation of the allowances referred to in Article 9 and the first final provision, which is made pursuant to Article 149.1.17 of the Constitution, which confers exclusive competence on the State on the basis of Article 149.1.17 of the Constitution, is exempt from the foregoing. of basic legislation and the economic system of social security.

Final disposition third. Powers of development.

The Minister of Labor and Immigration is hereby authorized to make any provisions necessary for the implementation and development of the provisions of this royal decree.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on November 21, 2008.

JOHN CARLOS R.

First Vice-President of the Government and Minister of the Presidency, MARIA TERESA FERNÁNDEZ DE LA VEGA SANZ