Trade union organizations are one of the basic pillars of our social and democratic rule of law that legitimizes them to exercise those rights that are still associated in the purity of public employees. necessary collective exercise. Article 31 of Law 7/2007, of 12 April, approving the Basic Staff Regulations, enshrines the right of public employees to collective bargaining, representation and institutional participation for the determination of of their working conditions. In order to make the right to collective bargaining cash, these are those of Negotiation that will be present, in addition to the corresponding Public Administration, the Trade Union Organizations. Union organizations that are more representative of the Autonomous Community, as well as the trade unions that have obtained 10 for 100 or more of the representatives in the elections for Delegates, Enterprise Committees and Personnel Boards. In the development of these collective rights, Article 36.3 of the Basic Staff Regulations regulates the General Table of Negotiation of Official, Statutory and Labor Staff, which allows for the joint negotiation of working conditions. which affect all public employees of the General Administration of the State. Similarly, Article 36 of the first paragraph refers to the General Administration of Negotiation of Public Administrations, which, under the chairmanship of the General Administration of the State, has as its object the negotiation of all those matters. (a) Article 37 of the EBEP and which are subject to state regulation as a basic rule. Thus, a negotiation scheme has been completed already mentioned in Law 9/1987, of Organs Of Representation, Determination of the Working Conditions and Participation of Staff to the Service of Public Administrations, after the reform that included the Law 21/2006, now regulated in the EBEP, and in which the existence of forums for the negotiation of working conditions common to the official and labor personnel is enshrined. In the light of the above, there is no doubt that the activities carried out by the trade union organizations are considered to be of general interest, which is why the General Budget Laws of the State are contemplating, within the for the Ministry of Public Administrations, specific budgetary allocations to support them in order to create the framework and conditions necessary for the exercise of the right to collective bargaining to be effective. Moreover, the allocation of public resources in the form of grants should be adapted to Law 38/2003 of 17 November, General of Grants, as well as to its Implementing Regulation, approved by Royal Decree 887/2006 of 21 July. Article 17 (1) of the Law provides that the relevant Ministers shall establish the appropriate regulatory basis for the award of grants. In order to guarantee the right to freedom of association and the right to equal treatment, a scheme for the award of grants to organisations which have a presence in the general public will be set up. Negotiation where all public employees are represented, the maximum budgetary credit being distributed in proportion to the representativeness of each of them at the tables. In its virtue, prior to the report of the State Advocate and the Delegated Intervention of the General Intervention of the State Administration in the Department, I have:

Article 1. Purpose of the grants.

This Order establishes the regulatory basis for the granting of subsidies on a competitive basis, to trade union organisations which have obtained sufficient representation in the elections to representation of the staff, to be present in the General Administration of Negotiation of Public Administrations and in the General Administration of Negotiation of the General Administration of the State, governed by Article 36 of Chapter IV of Law 7/2007, of 12 April, on the approval of the Basic Staff Regulations.

The purpose of these grants shall be to cover the costs incurred by the trade union organisations each year in respect of the performance of activities related to the performance of duties arising from their presence at the negotiation tables referred to in the preceding paragraph.

Article 2. Requirements for grant applicants.

May be beneficiaries of the grants that are regulated in this Order by the trade union organizations formed in accordance with the provisions of the Organic Law 11/1985 of 2 August, of Freedom of Association, which have obtained sufficient representation in the organs of representation of the staff, Staff Delegates, Staff Boards and Committees of Enterprise, in the whole of the Public Administrations and the General Administration of the State, which legitimizes them to be present in the General Negotiating Tables referred to in Article 1 of the Present Ministerial Order.

Article 3. Procedure for the award of grants.

1. Initiation of the procedure: The initiation of the procedure for the grant of the grants will be carried out by the corresponding call of the Secretariat of State for the Public Administration of the Ministry of Administrations Public.

2. Submission of applications: Trade Union organisations which opt for a grant must submit their applications, as laid down in the fourth paragraph of Article 38 of Law No 30/1992 of 26 November 1992 on the legal framework of the Public administrations and the Common Administrative Procedure, and addressed to the General Directorate of the Civil Service. These applications shall be formalised in a single application model listed in Annex I to this Order, which shall be accompanied by:

(a) An explanatory note for each programme or action for which a grant is requested, implemented or implemented during the calendar year of the relevant call, reflecting at least the following aspects: programme or action.

Description and purposes of the program. Objectives to be pursued. Activities including the programme and duration of the programme. Detailed revenue/expenditure budget for each programme or action.

The trade union organizations entitled to opt for the grant must submit the application in the name of the application by which they obtained representatives in the elections to representative bodies in the field. indicated.

b) The following documents, which must be original or photocopied:

a) The union tax identification card.

b) Identification and authorization data for verification, of the person signing the application or, in case of not giving their consent, photocopy of the National Identity Document. (c) Documentation certifying the applicant's ability to act in the name and representation of the trade union organisation. (d) Certificate of compliance with the tax and social security obligations. (e) a responsible declaration on the fulfilment of obligations for reimbursement of subsidies. (f) Accreditation, in accordance with the terms of Article 13 of Law 38/2003 of 17 November, General of Grants not to be subject to the prohibitions in order to obtain the status of beneficiary referred to in paragraphs 2 and 3 of the Article cited. The documentation referred to in this paragraph must accompany the application referred to in Annex I, unless the documents required are already in the hands of the Acting Administration, in which case the applicants may avail themselves of the in Article 35 (f) of Law 30/1992, of 26 December, in the terms expressed in Article 23.3 of Law 38/2003, of 17 November, General of Grants.

3. Deadline for submission: The deadline for submission shall be one month from the day following that of the publication in the Official Journal of the State of the corresponding annual call, unless the said call is modified. deadline for submission.

4. Error correction: If the grant applications submitted do not meet the required requirements, the beneficiary shall be required to provide that within 10 working days of the absence or accompanying of the required documents, and in the case of that no such remedy shall be performed shall be withdrawn from its request, upon a decision to be made as provided for in Article 71 of Law No 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure. 5. Instruction and motion for a resolution: The competent body to instruct the procedure and to formulate the motion for a resolution shall be the Commission of Valuation constituted for the purpose, and attached to the Secretariat of State for Public Administration. The motion for a resolution will be put forward by the Commission, which will be raised by the Directorate-General for the Civil Service, within the time limit set in the relevant notice, to the body responsible for resolving the matter. The Assessment Commission shall be integrated as follows:

President: El/the head of the General Directorate of the Civil Service. Vice-President: El/the head of the Subdirectorate General for Industrial Relations.

Vocals: The holder of the Deputy General Direction of Labor Relations. The holder of the Division of Consulting, Counseling and Assistance. Secretary: An official of the Subdirectorate General of Industrial Relations.

The Commission shall meet within the time limits set out in the relevant calls and shall, in accordance with the provisions of Article 24 of the General Grant Act, undertake to carry out, of its own motion, any action considers necessary for the determination, knowledge and verification of the data and documents under which it is required to present the motion for a resolution.

6. Resolution: The grants will be awarded by means of a reasoned resolution of the Secretariat of State for Public Administration, Ministry of Public Administration by delegation of the Minister according to Order APU/330 8/2004, of 7 October (BOE) of 14 October 2004), within 15 working days of the date of the lifting of the motion for a resolution, notifying the applicant organisations of the extent and amount of the grant or, where appropriate, their dismissal. 7. Resources: The aforementioned resolution will put an end to the administrative route, thus being able to interpose a potestative resource of reorder or administrative-administrative appeal before the National Court. The maximum period for resolving and notifying the resolution of this procedure shall be six months. After that period has not been notified to the parties concerned, they may understand the application for the grant of the grant.

Article 4. Allocation and amount of grants.

The grants will have the limits of the allocation in the budgets of the Ministry of Public Administrations of the corresponding year.

Article 5. Objective criteria for granting and weighting them.

1. The individual amount of the grants shall be determined by distributing the entire budget appropriation, equitably between the General Negotiating Tables defined in Article 1 of this Ministerial Order and within each Bureau. Among the Trade Union Organizations in proportion to the number of representatives computed to determine their presence in the same, integrating Personnel Delegates, members of Staff and Committees of the Joint Undertaking of the General Government and the General Administration of the State. This distribution shall be made after each of them has been assured of a fixed amount guaranteeing compliance with the purposes of the grants provided for in this Order, and the amount of which may not exceed 25% of the total of the grant annually budgeted.

2. The payment of the corresponding amounts for a grant shall be made at one time. In no case will advance payments be made. 3. The payment of the grants may not be made as long as the beneficiary is not current in the performance of its tax obligations and in the face of social security or is liable to be liable for recovery.

Article 6. Obligations of the beneficiaries.

It is the obligations of the beneficiaries that are generally taken into account in Article 14 of Law 38/2003 of 17 November, and in particular the following:

(a) Credit prior to the submission of the proposal for a grant resolution that is in the current of its tax obligations and in the face of Social Security as provided for in Article 14.1.e) of Law 38/2003, November 17.

b) Carry out the activity for which the grant is awarded within the time limit set in the relevant call. (c) Credit to the Directorate General of the Civil Service the performance of the activity, as well as the fulfilment of the requirements for the grant or enjoyment of the grants. (d) Submit to the actions of verification to be carried out by the Directorate General of the Civil Service and those of financial control corresponding to the General Intervention of State Administration and those provided for in the legislation of the Court of Auditors.

Article 7. Justification for the grants.

The beneficiary trade union organisations must justify, by drawing up an explanatory memorandum on the activities and expenses incurred, to which they will bring together originals of invoices, receipts and other documents of probative value equivalent with validity in commercial legal traffic or with administrative efficiency (Article 30.3 of Law 38/2003), the specific destination of the amounts received, which must be adjusted to the performance of those activities In an indubid way they respond to the nature of the subsidised activity, and are collected in the memory referred to in Article 3.2.a) of this Order. The period of justification shall be 31 March of the year following the granting. As provided for in Article 31.2 of Law 38/2003, it will be considered as an expense that has been effectively paid prior to the end of the justification period cited above.

Article 8. Amendment of the decision to grant.

Any alteration of the conditions taken into account for the grant of the grant may result in the modification of the grant decision. The resolutions of the requests for amendment shall be made by the Secretariat of State for Public Administration.

Article 9. Compatibility.

Grants granted under this Order shall be compatible with other grants, aid, revenue or resources for the same purpose, from any public or private administration or authorities, national, European Union or International Bodies, without prejudice to the provisions of Article 19 (3) of Law 38/2003 of 17 November.

Article 10. Responsibility.

The trade union organizations benefiting from the grants will be subject to the liability regime provided for in Title IV of Law 38/2003 of 17 November, and Title IV of its Implementing Regulation, approved by Royal Decree 887/2006 of 21 July. As provided for in Title IX of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and Common Administrative Procedure and in its implementing legislation.

Article 11. Reintegra.

1. The amounts received in respect of grants and the requirement of interest for late payment in the cases and in accordance with the procedure laid down in Article 37 of Title II of Law 38/2003 of 17 May 2002 shall be recovered. November, and in Article 91 of Title III of its Implementing Regulation, approved by Royal Decree 887/2006 of 21 July. In any event, the entire grant received shall be refunded if the amount granted for the purposes for which it was granted does not apply.

Single repeal provision-Regulatory repeal.

Order APU/3898/2005, of the Ministry of Public Administrations, of 13 December 2005, establishing the regulatory bases for the granting of subsidies to the trade union organizations is hereby repealed. at the General Negotiation Table of the General Administration of the State, as instrumental support for its participation in the General Administration.

Final disposition first. -Competential title.

This Order is dictated by the provisions of Article 149.1.1. of the Constitution.

Final provision second. -Extra law.

As not provided for in this Order, the provisions of Law 3 8/2003, of 17 November, General of Grants, as well as of Royal Decree 887/2006 of 21 July, approving the Regulation of the General Law of Grants and the other rules of administrative law.

Final disposition third. -Entry into effect.

This Order shall enter into force on the day following that of its publication in the Official Gazette of the State. Madrid, July 29, 2008. -Minister of Public Administrations, Elena Salgado Méndez.

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