Royal Decree 395/2007 of 23 March 2007 regulating the vocational training subsystem for employment provides for the training of offer, understood as the one aimed at facilitating the workers, the employed and the unemployed. unemployed, training tailored to the needs of the labour market which meets the requirements of the competitiveness of enterprises, while meeting the aspirations of professional promotion and the personal development of workers, training them for the qualified performance of the different professions and for access to employment.

The present order develops such an offer formation from a first and ambitious objective, that of integrating and giving a coherent and unitary treatment to all the training of offer that is directed to the set of workers, that It goes beyond the stagnating vision of, on the one hand, occupied and, on the other, unemployed. This integration must encourage workers to also be able to qualify for an effective recognition of the training they receive in line with the provisions of the Organic Law of 19 June 2002 on Qualifications and Training. Professional and the Royal Decrees who develop it.

This order not only complies with the objective of developing the royal decree as regards the formation of supply, but it regulates the bases that must govern the granting of public subsidies to finance the training of the various public administrations in their respective management areas. Thus, the various forms of offer training to be financed through public subsidies are contemplated, differentiating those that will be awarded in competitive competition from those others that will be directly involved.

The order contains an extensive regulation of those forms of training which are directed, either as a priority to the employed or as a priority to the unemployed, according to their own distinction. sets out in Royal Decree 395/2007 of 23 March 2007. It also provides for specific training programmes for persons with special difficulties in the integration or retraining of persons and persons who are in a situation of deprivation of liberty and of the military. Troop and marine professionals who maintain a temporary relationship with the Armed Forces, as well as, contain the regulation of those training actions that include hiring commitments.

On the other hand, the text is incorporated into a regulation of the realization of professional non-working practices, the granting of scholarships and aids that are granted to unemployed workers that cover those relating to transport, maintenance and accommodation, as well as those that allow the reconciliation of training assistance with family life.

The text also includes access to the training of caregivers of persons in a situation of dependency, in accordance with Royal Decree 615/2007 of 11 May, which regulates the Social Security of caregivers of persons in a situation of dependency, in order to consolidate and promote this area of priority attention for public authorities.

The State and the Autonomous Communities correspond, in their respective management areas, to the application of the provisions of this order through the calls for grants to be published in their respective territories, respecting the management powers of the Autonomous Communities, as well as their own self-organisation competences.

The present order, as it establishes the regulatory basis for the granting of the grants through which the different modalities of the formation of the offer are financed, regulates all those aspects that the Law 38/2003, of November 17, General of Grants as Royal Decree 887/2006, of July 21, for which the Regulation of the General Law of Grants is approved, establish what an order with these characters must gather. In this respect, a set of common provisions is envisaged for all the subsidies granted under competitive competition by the various public administrations, without prejudice to the competition of self-organisation which The Autonomous Communities are recognised. In this respect, all potential beneficiaries of the grants awarded, including the various employers ' and trade union organisations with greater representativeness, are included, both in the sector and in the sectors concerned. intersectoral as in the case of the social economy and the training of the self-employed.

In coherence with the integral treatment of the training of the offer, the order regulates the file of the training specialties, previewed in the Royal Decree 395/2007, of March 23, that it is structured according to the families professionals established in Royal Decree 1128/2003, of 5 September, for which the National Catalogue of Professional Qualifications is regulated. The file will include the repertoire of certificates of professionalism linked to the National Catalogue of Professional Qualifications, as well as other specialties not linked to these certificates.

Also, the records of the training centers and entities are regulated, both at the state and the autonomous level, as well as the requirements that must be met in order to be registered and accredited.

Finally, the order provides for a set of measures to be developed by the different public administrations as regards the quality and evaluation of the training, as well as the monitoring and control of the same, actions that have been framed in the annual plans that are approved in this respect.

This order is given in partial development of Royal Decree 395/2007, of 23 March, in whose final disposal the Minister of Labour and Social Affairs is empowered to dictate how many rules are necessary for their development. and execution.

In the process of drawing up this order, the business and trade union organizations present in the Tripartite Commission for Continuing Training have been consulted, and the Sectoral Conference on Labor and Industrial Affairs has been informed. issued the State Advocate at the Department, as well as the Delegation of the State General Intervention in the State Employment Public Service.

In her virtue, after the approval of the Minister of Public Administrations, I have:

CHAPTER I

General provisions

Article 1. Object and scope of application.

1. The present ministerial order aims at the development of the training offered under Royal Decree 395/2007 of 23 March, which regulates the vocational training subsystem for employment, as well as the establishment of the the basis for the granting of public subsidies for their financing.

Offering training aims to provide workers, both employed and unemployed, with training tailored to the needs of the labour market which meets the requirements of productivity and competitiveness. The European Commission has been in the process of being a member of the European Commission. It is also aimed at providing workers with training which enables them to carry out the skills of the various professions and access to employment by promoting integrated training pathways for integration. (a) professional and encouraging workers to be eligible for effective recognition of the training they receive.

2. The scope of this ministerial order extends to the entire state territory.

Article 2. Modes of subsidised offer training.

1. The modalities of the offer training financed by public grants, granted under this order, are as follows:

(a) Training plans aimed primarily at the employed, regulated in Section 2. of Chapter II.

(b) The training actions aimed primarily at the unemployed, regulated in Section 3 of Chapter II.

(c) Specific programmes for the training of persons with special training needs or who have difficulties in their integration or retraining, as referred to in Article 22.

(d) Professional training for the use of persons in situations of deprivation of liberty and of the professional soldiers of troops and marineria who maintain a temporary relationship with the Armed Forces, regulated in Article 23.

e) The programming of training actions that include recruitment commitments aimed primarily at the unemployed, as provided for in Article 21.

2. In addition, the financial compensation to undertakings for professional non-employment practices of the workers involved in the scheme and the aid and grants to unemployed workers will be financed under this order. participate in the training actions, regulated in Chapter III of this order.

Article 3. Requirements of the beneficiaries.

1. Without prejudice to the powers of the Autonomous Communities in their respective fields of action, they shall be beneficiaries of the grants for the financing of training schemes aimed primarily at employees. the most representative and representative employers ' and trade union organizations in the sector of activity, as well as the joint entities created or covered by the collective bargaining agreement of the State, to which Article 24 (2) and (3) of Royal Decree 395/2007 of 23 March 2007 are referred to.

In addition, they will be beneficiaries of grants for the implementation of cross-sectoral training plans for training specifically targeted at workers ' and social economy partners, provided that provide economic activity, the confederations and federations of cooperatives and/or labour companies and the representative organisations of the social economy of a cross-sectoral nature, all of them with sufficient implementation in the corresponding territorial scope.

the case of grants for the implementation of cross-sectoral training schemes for training specifically aimed at the self-employed, representative associations of self-employed persons will be eligible. inter-sectoral nature, as well as the organisations referred to in Article 21 (5) of Law No 20/2007 of 11 July, of the Statute of the Autonomous Work. In any case, representative associations of self-employed people with greater implementation in the respective territorial scope will have priority.

Calls, within the framework of the applicable regulations, shall establish the conditions and form of accreditation as provided for in the preceding paragraphs.

2. They may be beneficiaries of the grants for training actions aimed primarily at unemployed workers, the employers ' and trade unions, centres and entities provided for in Article 9.1 of the Royal Decree. 395/2007, dated March 23. Where training actions include commitments to procurement, grants may be awarded to undertakings, their associations or other entities that subscribe to the said commitment to procurement.

Also, companies that facilitate the performance of professional non-working practices may be beneficiaries of the economic compensation provided for in Article 24.

3. Unemployed workers participating in the training arrangements provided for in Royal Decree 395/2007 of 23 March 2007 and in this order may be eligible for grants and grants under the terms set out in Chapter III.

4. Grants for specific programmes for the training of persons with special training needs or having difficulties in their integration or vocational training may be eligible for grants for the purposes of determining in the regulatory framework for such programmes in the light of the objectives and content of the training activity. In the implementation of these programmes, the participation of local administrations and other public institutions or non-profit entities that have between their ends may be encouraged, in the terms established in the said regulations. training or professional integration of the workers ' groups to whom these programmes are addressed.

5. In addition to the beneficiaries referred to in the preceding paragraphs, the associated members of the beneficiary who undertake to implement all or part of the activity which bases the grant of the grant on behalf and on behalf of the beneficiary, may also have the consideration of beneficiaries.

6. Groups formed by the organizations or entities provided for in paragraph 1 of this Article and those formed by them and by entities linked to the groups which are among their ends may also be granted the status of beneficiaries. development of training activities. A single representative or proxy of the pool shall be appointed with sufficient powers to fulfil the obligations which, as a beneficiary, correspond to the pool.

7. The entities in which one of the circumstances referred to in Article 13 of Law 38/2003, of 17 November, General of Grants, shall not obtain the status of beneficiaries of the grants regulated in this order.

Article 4. Obligations of the beneficiaries.

Without prejudice to the other obligations set out in Royal Decree 395/2007 of 23 March 2007 and in this order, they constitute obligations of the beneficiaries:

(a) Carry out the information and documentation that is required during the course of the procedure, execution of the training and justification of the grant, as well as having at the disposal of the competent control bodies the supporting documents for the assistance of workers to training actions.

b) Ensuring the free provision of training actions for participants in subsidised training.

(c) Haber or, where appropriate, guaranteed the returns of amounts granted and paid in previous calls and whose repayment has been required by prior to the executive or through the decision from the origin of the refund, unless the act has been suspended.

(d) Communicate to the competent authority the collection of other grants, aid, income or resources which finance the activities supported, prior to the justification of the application given to the funds received. These revenues will be incompatible with the grant for the same purpose, so this will be reduced in the amount already received.

(e) Acredit before the proposal for a decision to grant the grant and the payment of the grant, which is current in the performance of its tax obligations and in the face of the security Social, in the form that is determined in the calls, without prejudice to the provisions of article 22.4 of the Royal Decree 887/2006, of 21 July, for which the Regulation of Law 38/2003 is adopted, of 17 November.

(f) To record, in the terms of the calls, the public nature of the financing of the subsidised activity and, where appropriate, the co-financing of the European Social Fund. In the latter case, the beneficiary entity must include in the activities of information of the training actions, publications, teaching material and accreditations of the realization of the formation to deliver to the participants the emblem of the European Social Fund.

g) To issue to the competent body a communication of initiation of the training to be developed, including any subsequent modification, and, where appropriate, the communication of completion, in accordance with the content, deadlines and procedure to this effect establish the calls. Failure to communicate within the prescribed time limits shall mean that the relevant training action or group of participants is deemed not to have been carried out for the purpose of the grant justification, unless the non-disclosure is due to the unforeseen, duly justified and reported causes at the time they occur.

h) Meet the other obligations set forth in Article 14 of Law 38/2003 of 17 November, as expressly not provided for in this article.

The beneficiary will not be exonerated from the obligations mentioned above if the development of the training is contracted with third natural or legal persons.

Article 5. Recipients of the training.

1. In the training plans aimed primarily at the employed workers, the participation of these workers will be at least 60% of the total number of workers starting the training. In the training measures aimed primarily at unemployed workers, the participation of unemployed workers must be at least as high as that percentage. Competent public administrations may, within the limits set out above, establish different percentages of participation.

To this end, consideration as employed or unemployed workers will be determined by the employment situation in which they are at the beginning of the training. The change in the working situation of the worker arising from the application for participation in the training action shall not be the subject of economic minorage, provided that the percentage limits laid down in the paragraph are not exceeded. previous.

2. In accordance with Article 5 (1) (b) of Royal Decree 395/2007 of 23 March 2007, as amended by the third final provision of Royal Decree 615/2007 of 11 May 2001 on the social security of carers of persons in situations (a) the provision of services to persons dependent on and development of the promotion of self-government, centres and the development of personal autonomy, centres and care services for people with disabilities, action and social intervention and health.

3. In the case of training schemes aimed primarily at employees who are of a cross-sectoral nature, workers from public administrations may participate, provided that they do not exceed 10% of the total number of workers involved. each training plan.

Article 6. Priority groups and active measures in the framework of the European Employment Strategy.

1. In order to ensure access to the training of workers with the greatest difficulty in the maintenance of the labour market, the calls must be among the priority groups referred to in Article 5.3 of the Royal Decree. 395/2007, of 23 March, at least, to women, persons with disabilities and low-skilled workers. In addition, in the event that the subsidised training is co-financed with Community funds, the calls will include the amounts and the concepts co-financed by the European Social Fund, broken down, where appropriate, by priorities and areas. programming.

2. Training actions or modules may be financed with a minimum duration of 4 hours in the case of cross-sectional training in areas which are considered to be a priority both within the framework of the European Employment and System Strategy National Employment as in the guidelines established by the European Union. This training shall take priority in the assessment of applications and may be developed within a specific training action or separately.

In any case, priority areas are those relating to information and communication technologies, the prevention of occupational risks, environmental awareness, the promotion of equality, vocational guidance and those other than those established by the competent authority.

Article 7. File for training specialties.

1. The file of training specialties provided for in Article 20.3 of Royal Decree 395/2007 of 23 March, will contain the training offer to be developed under the aforementioned royal decree and this order.

The training specialties that make up this file will be in the professional families established in the Royal Decree 1128/2003, of 5 September, which regulates the National Catalogue of Qualifications Professionals and Royal Decree 1416/2005 of 25 November, which modifies it, as well as those others that could be incorporated into the file to frame the training of a transversal or complementary nature.

2. The file will include the repertoire of certificates of professionalism linked to the National Catalogue of Professional Qualifications, as well as other specialties not linked to these certificates as provided for in this section.

The training courses aimed at obtaining the certificates of professionalism will have the duration established in the regulatory regulations of the same. In order to promote their cumulative partial accreditation, to reduce the risks of abandonment and to enable the worker to advance in his or her training itinerary whatever his or her employment situation at any time, actions may be programmed. training modules which are set up by the training modules corresponding to one or more of the units of competence which are part of the certificate of professionalism or by shorter training units, in the terms laid down by the rules governing certificates of professionalism.

The training courses not aimed at obtaining the certificates of professionalism will have an adequate duration for their purpose, depending on the contents, the collective of the recipient, the mode of delivery and the of other objective criteria.

The information for each of the specialties provided in the File will include at least the code, denomination, duration, mode of impartition and economic module, as well as the normative reference in the case of Training courses aimed at obtaining certificates of professionalism.

3. It is the responsibility of the State Employment Public Service to develop and maintain the Proprietary Training file permanently. The high and the changes to be made to it shall be made ex officio or at the request of the Autonomous Communities accompanied by a reasoned report of training needs, in relation to the labour market and the corresponding training programme. The casualties in the file, as well as the refusal of the said application, shall be made by means of a decision of the Director-General of the said body or of the person to whom he delegates. Training in respect of those specialities which are in a low situation cannot be initiated. The State Employment Public Service will notify the Autonomous Communities of the date on which a specialty will cause the file to be dropped. Such notification shall be made at least nine months in advance of the effective date of the absence of such a specialty.

In addition, prior validation by the Public Service of State Employment, the inclusion in the file of those specialties that are not incorporated in it will be included in the framework of the contracts for the training, the programmes which include commitments for recruitment and the conventions for the implementation of training plans. The registration of the abovementioned conventions in the register referred to in the seventh additional provision shall entail the application for inclusion in the file of the new forms of training contained in the training plan which is the subject of the convention.

4 By resolution of the Director General of the State Employment Public Service, the procedure for the inclusion in the file of new training specialties will be determined.

Article 8. Accreditation of training.

1. The training aimed at obtaining certificates of professionalism will be credited in accordance with the provisions of the Organic Law of 19 June, of the Qualifications and of Vocational Training, Article 11.1 of the Royal Decree 395/2007, of 23 March, and in the regulations governing the issue of certificates of professionalism.

The competent public authorities shall ensure, through the centres empowered to do so, and in particular through the integrated vocational training centres, that in their respective fields the Training shall include training in the form of certificates of professionalism which they determine in the light of the training needs demanded by undertakings and workers in these fields.

2. Where the training is not aimed at obtaining certificates of professionalism, the certificate of assistance or diploma referred to in Article 11.2 of the said Royal Decree, in which at least the certificate of assistance or diploma referred to in Article 11 (2), must be given to each participant. The name of the training action, the training contents, the mode of delivery, duration and period of delivery.

The issue and delivery or referral to the participants of the certificates and diplomas referred to in this paragraph shall be carried out in accordance with the provisions of the competent public administration.

CHAPTER II

Offer Training Development Modes

Section 1-Provisions common to the procedure for granting grants under competitive competition

Article 9. Scheme and start of the concession procedure.

1. The grant of grants shall be made in accordance with the provisions of Law 38/2003 of 17 November. The concession procedure shall be carried out under competitive competition, except in the case of direct concessions referred to in that law.

The procedure for granting competitive competition shall be initiated on its own initiative, by means of a public call made by the Director General of the State Employment Public Service or the competent body of the respective State Autonomous community, to be published in the official journal.

The call will be made in accordance with the regulatory bases established in this order and with the content stated in article 23.2 of Law 38/2003 of 17 November.

2. Exceptionally, in accordance with Article 22 (1) of Law 38/2003 of 17 November, where the circumstances in question give rise to the advice, the maximum overall amount allocated to the grants may be apportioned the beneficiaries.

In this way, it will be possible to establish the terms in which the budgetary credit not applied by the waiver of the grant of any of the beneficiaries can be used by the granting authority to agree, without the need for a new call for the grant of the grant to the applicant or applicants following that, in order of their score.

Article 10. Requests.

Applications for grants shall be addressed to the Director-General of the State Employment Public Service or to the competent authority of the Autonomous Community, according to the scope of the call.

The place and time of submission of applications, as well as the documentation that the data subject will have to accompany, will be established in the calls.

Article 11. Instruction of the concession procedure.

1. The instructor designated in the call shall carry out, on its own initiative, any action it considers necessary for the determination, knowledge and verification of the data under which the motion for a resolution is to be formulated.

Once the applications have been evaluated, the collegiate body provided for in Article 22.1 of Law 38/2003 of 17 November will issue a report setting out the results of the evaluation carried out.

The instructor, in the light of the file and of the report of the collegiate body, shall make the proposal for a provisional and/or final decision in accordance with the procedure laid down in Article 24 of that Law. A maximum period of 10 days may be granted for the parties concerned to submit their acceptance of the proposal for a final decision.

2. Where the amount of the grant of the provisional motion for a resolution is lower than the amount in the application submitted, the beneficiary may be asked to reformulate its application in accordance with the terms laid down in Article 27 of the Law. 38/2003, dated November 17.

Article 12. Criteria for the grant of the grant and its quantification.

1. Applications which respect at least the following criteria shall be financed:

a) Adequation of the training offer to the needs of the field or sector of activity to which it is addressed. The sectoral training shall be as laid down in Article 24.1 of Royal Decree 395/2007 of 23 March 2007.

b) Accredited ability of the requesting entity to develop the training.

c) Obtaining the technical assessment to be established in the methodology approved by the competent public administration.

2. The amount of the subsidy shall be calculated in accordance with the methodology established by the competent public administration, taking into account at least the budget for the financing of the training activity, the technical assessment obtained, the maximum economic modules set out in Annex I to this order and the volume of the training activity co-financed by the European Social Fund.

The maximum amount of subsidy to be awarded for each training action shall be determined by the product of the number of hours of the training by the number of pupils and by the amount of the relevant module.

3. For the purposes of determining the grant after the training has been carried out, in person-to-face actions, a student shall be deemed to have completed the training when he or she has attended at least 75% of the duration of the training. In addition, in the form of conventional distance learning or tele-training courses, students who have carried out at least 75% of the regular checks on the subject will be considered to have completed the action. monitoring their learning along the same way.

If workers leave during the first quarter of the duration of the training, other workers may be incorporated into the training rather than those. If the dropouts have taken place after the said period, deviations per share of up to 15 percent of the number of participants who have started them will be permitted.

In the case of unemployed workers, it will be considered that they have completed the training action for those who have to leave it because they have found employment, provided they have carried out the percentage of the activity. training established by the competent public administration. In the event that such a forecast is not established, the above mentioned percentage will be at least 25% of the training activity.

Article 13. Resolution.

1. In the light of the proposal for a final decision, the competent body shall decide on the procedure. In the field of the General Administration of the State, the body responsible for resolving shall be the Director-General of the State Employment Public Service. In the autonomic field, the body determining the calls shall be determined.

The maximum time limit for resolving and notifying the decision of the procedure may not exceed six months from the date of publication of the call, unless the notice poses its effects to a later date. After the expiry of that period without the express resolution being notified, the request may be deemed to be rejected.

The grant resolution will identify the part of the grant co-financed by the European Social Fund. This resolution shall be accompanied, in the case of the training plans referred to in Section 2. of Chapter II, the agreement concluded between the competent body and the beneficiary, as well as the corresponding training plan.

2. Once the granting decision has been passed, the beneficiary may request the amendment of the decision where it affects the content of the activity supported, the form or time-limits for its implementation or the justification for the expenditure incurred. Such modification shall be sufficiently substantiated and shall be made immediately, in any case, before the end of the period for the implementation of the subsidised activity.

Requests for amendment shall be submitted to the competent bodies for the instruction of the granting procedure, after the report of the collegiate body provided for in Article 11.1 and shall be determined by the body which issued the grant resolution. In any event, the amendment may be authorised only if it does not harm third-party rights.

In the case of modifications affecting the number of participants that are intended to be formed or the mode of delivery of the training to be carried out, they may be authorised provided that the priority criteria are not altered established and do not undermine the technical assessment in respect of which it would have been obtained if they were taken into account in the initial application.

The competent body shall issue a resolution accepting or rejecting the proposed amendment within one month from the date on which the application has entered the register of the body responsible for processing. After the expiry of that period without the express resolution being notified, the request may be deemed to be rejected.

Article 14. Payment of the grant.

1. The payment of the subsidy will be conditional on the beneficiary entities establishing, as provided for in Article 4 (e), that they are aware of their tax and social security obligations, unless it is established that they are such debts are deferred, split or when their suspension has been agreed. The grant payment shall not be made where the entity is a debtor by a firm resolution of the origin of the refund.

2. The advance payment of the grants may be provided for in the amount, form and, where appropriate, with the guarantees to be provided by the competent public administrations.

In no case may advance payments be made to beneficiaries in the cases provided for in the third subparagraph of Article 34 (4) of Law 38/2003 of 17 November.

Article 15. Justification for the grant.

1. The beneficiary must justify the implementation of the subsidised training activity and the costs incurred by that activity. To this end, it shall take into account the provisions of Article 31 of Law 38/2003 of 17 November, as well as the eligible costs and the imputation criteria set out in Annex II of this order.

2. No later than three months after the completion of the training, the beneficiary shall submit to the body determining the calls and in accordance with the standard instructions and forms set out therein:

(a) The supporting documentation of the completion of the training, with the specification of each training action taken from which the start has been communicated at the appropriate time.

(b) The supporting account with the structure and scope corresponding to the form to be determined in the calls for among those provided for in Section 2 of Chapter II of Title II of Royal Decree 887/2006, 21 July, for which the General Grant Law Regulation is adopted.

If the supporting account is to take the form provided for in Subsection 1 of this Section 2. 'supporting account with supporting expenditure', the calls may provide for the stamp of the supporting documents and their replacement by pulsed photocopies. In addition, the calls may provide for the method under which the grant authority shall carry out the verification of the documentary justification of the grant.

(c) The accreditation of having entered the amount corresponding to the difference between the amount justified and the amount received in advance, where appropriate.

After the deadline set for the justification of the grant without the documentation referred to in this paragraph having been submitted, the competent authority shall require the beneficiary to do so within the time limit. 15 days will bring the same. Failure to provide the justification, after this new deadline, shall lead to the loss of the right to the grant or the initiation of the refund procedure provided for in Article 37.

In any event, if the documentation submitted is insufficient to properly justify the grant granted, the competent body shall inform the beneficiaries of the inadequacies observed in order to within the 10-day period are subsated.

3. Where the training activities have been financed, in addition to the grant, with own funds or other grants or resources, the amount, provenance and application of such funds to the activities shall be credited to the justification. supported.

4. The beneficiary of the grant shall be obliged to keep, for a period of four years, unless the calls for a deadline set a different time limit, the supporting documents for the implementation of the activity underlying the grant of the grant. as to the implementation of the funds received. The time limit shall be calculated from the date of the end of the period laid down for the purpose of submitting the said justification by the beneficiary. In the case of actions co-financed with Community funds, the Community rules will apply in this respect.

Entities which, without having passed the said period, decide to suspend their activity or to disband, shall send copies of the said documentation to the competent body.

5. Once the documentation referred to in paragraph 2 of this Article has been submitted, it shall be carried out by the body setting out the calls for the appropriate technical-economic verification.

If, as a result of such verification, the eligible cost has been lower than the grant awarded or that the requirements laid down in the applicable rules for the grant have been completely or partially breached. justification of the grant or the purposes for which it was granted the same shall be communicated to the person concerned together with the results of the technical-economic verification and the procedure for declaring the loss of the right to the recovery of the subsidy or, where appropriate, the total or partial refund procedure for the subsidy provided for in Article 37.

Section 2. Training Plans primarily aimed at busy workers

Article 16. Types and content of training plans.

1. Training plans aimed primarily at busy workers may be cross-sectoral and sectoral.

The cross-sectoral training plans will be composed of training actions aimed at the acquisition of cross-sectoral competences for various sectors of the economic activity or specific skills of a sector for the retraining and retraining of workers from other sectors, including training aimed at training for the performance of the legal representation of workers.

The sectoral training plans will be composed of training actions aimed at the training of workers in a particular productive sector, in order to develop training actions of general interest for the sector and meet specific training needs of the same. Specific actions programmed in this type of plan may also be directed to the recycling and retraining of workers from sectors in crisis situations.

2. The training plans shall contain at least the following information:

a) Scope of the plan.

b) Objectives and content.

(c) formative actions to be developed, with indication, where appropriate, of those linked to the National Catalogue of Professional Qualifications and, within them, to which certificate or certificates of professionalism are addressed.

(d) Collective recipients, broken down by priority groups to be determined by the competent public administration.

e) Planned cost of training actions.

f) Facilities and means to deliver the training actions.

3. The duration of the training plans may be annual or multi-annual in accordance with the requirements of the competent public administration.

4. In the case of training schemes aimed primarily at the employed workers, workers who at the beginning of the training action are in employment, unemployed or employed will be eligible for the training measures. in accordance with the provisions of Article 5.

To participate in the training actions, the workers shall complete the application established by the competent public administration.

Article 17. Implementation of the training plans.

1. The implementation of the training plans aimed primarily at the employed shall be carried out by means of agreements concluded between the beneficiary organisations or entities referred to in Article 3.1 and the competent body of the State or regional administration.

2. The beneficiary institution may subcontract in part or in full, for a single time and in the terms laid down in this order, the performance of the training activity. The recruitment of teaching staff for the delivery of subsidised training by the beneficiary shall not be considered to be subcontracting.

The beneficiary must have own resources for the programming and coordination functions of the training plan, assuming, in any case, responsibility for the implementation of the subsidised activity against the Public administration should ensure that the functions of the monitoring and control bodies are carried out in a satisfactory manner, both as the subcontractor and the subcontractor.

3. The prior authorization of the authority referred to in Article 29 (3) and (d) (3) (d) of Law 38/2005 of 17 November concerning subcontracting may be expressly provided for in the decision to grant the grant or, where appropriate, the agreement concluded for the implementation of the training activity, or by a later decision issued within 15 days of the application for the authorisation. Authorisation shall be deemed to have been granted if the term of the granting authority passes.

4. For the purposes of Article 31.3 of Law 38/2003 of 17 November, the beneficiary shall be deemed to have complied with the provisions laid down therein where he reasoned in a reasoned manner that the choice of the supplier meets the criteria of effectiveness and economy, taking into account the training plan to be carried out and the scope in which it is developed, as provided for in the fifth additional provision of Law 43/2006 of 29 December for the improvement of growth and employment.

5. The beneficiary of the grant shall make known the training actions which it promotes between the undertakings and the workers to whom the training is directed, in order to enable workers who so wish to exercise their right to training.

6. The beneficiary shall forward to the competent authority the communications relating to the commencement and, where appropriate, the completion of the training provided for in Article 4.g. Such communications shall reflect the employment situation, occupied or unemployed, which the workers credit at the beginning of the training.

7. The administration may take the precautionary suspension of a training action where anomalies are observed which have an impact on the normal development of the delivery of the training.

Section 3. Formative Actions Primarily Aimed at Unemployed Workers

Article 18. Types of training actions.

1. The following training actions shall be eligible, in their respective fields, primarily aimed at unemployed workers:

(a) Training actions governed by Article 25 of Royal Decree 395/2007 of 23 March 2007, the implementation of which will be carried out by means of a call by the competent body of each Autonomous Community according to the bases which in this order set.

With regard to the territorial areas which have not taken over the transfer of competences on the management of occupational vocational training, implementation will be carried out by means of a call from the State Employment Public Service, In accordance with the provisions of the second transitional provision of Law 56/2003 of 16 December 2003 on Employment, according to the regulatory basis established in this order.

(b) Forwarding actions which include commitments for recruitment as provided for in Articles 22.1.d and 23.2.d of Royal Decree 395/2007 of 23 March 2007, which are subsidised under the direct concession scheme as set out in the Royal Decree 357/2006 of 24 March on the direct award of certain grants in the fields of employment and occupational vocational training.

2. The programming and implementation of the training actions may be annual or multi-annual in accordance with the terms of the calls.

Article 19. Participants ' request, selection and obligations.

1. Workers who take part in the training courses to be offered must, at the beginning of the training, be registered as unemployed or agricultural workers in the Public Employment Services, or in the case of workers. to submit the relevant application. This application may be submitted to the entities carrying out the training activity, who shall communicate it to the competent Public Employment Service by means of the procedure laid down by it.

2. The Public Employment Services shall carry out a pre-selection among the employees referred to in the preceding paragraph in accordance with the objectives set out in the planning, the characteristics of the training actions included in the programming, the training needs of workers, as well as the principle of equal opportunities for both sexes.

The competent public administration may determine that the final selection of the workers involved in the training actions shall be carried out by those responsible for imparting training.

In the event that the selected workers are unemployed, the institutions and entities responsible for providing the training must immediately inform the Public Employment Service of the pre-selection. resignations, no submissions and abandonment of the training actions by the employees, with indication of the causes of such circumstances.

The communications of the high and low students selected by the Public Employment Services of the Autonomous Administrations will be carried out in real time by telematic means to the Public Service of State Employment.

3. Workers must attend and continue to take advantage of the training activities in which they participate. It will be a cause of exclusion from them, resulting in more than three non-justified non-attendance at the month. Regardless of the above, other causes of exclusion may be foreseen.

Article 20. Implementation of the training actions.

It shall apply to the implementation of the training actions covered by this section as set out in Article 17 (3), (4), (5), (6) and (7), without prejudice to the following subparagraph.

The execution of such actions shall be carried out directly by the beneficiary where the beneficiary is a training centre or entity, without being able to subcontract it with third parties. For these purposes, the recruitment of teaching staff for the delivery of subsidised training by the beneficiary shall not be considered subcontracting.

Section 4. Other modes of offering training development

Article 21. Training actions with commitment to recruitment.

1. Public grants to finance the programmes of training actions which include commitments for recruitment will be granted directly, according to the procedure laid down in Royal Decree 357/2006 of 24 March.

The granting of grants to companies, their associations or other entities that acquire procurement commitments primarily aimed at unemployed workers, will cover the geographical scope and the training areas the corresponding programming, as well as the procedures for the proposals for programming, selection of workers, management and monitoring of actions. In any case, the commitment in quantitative terms of the workers to be formed will include objective mechanisms of quality control of the training provided.

The beneficiary entity may subcontract in part or in full, for one time and in the terms established in this order, the performance of the training activity. The recruitment of teaching staff for the delivery of subsidised training by the beneficiary shall not be considered to be subcontracting.

2. The recruitment commitment shall be based on a percentage of the total number of trained workers, depending on the circumstances of the enterprises and the local employment market. Such commitment may not be less than 60 per cent of trained workers.

Work contracts to be concluded as a result of the undertaking shall preferably be indefinite or, in another case, of a duration of not less than 6 months and shall be in accordance with the applicable labour law; be submitted to the grant body at the time of its justification.

Failure to comply with the procurement commitment will result in the obligation for the full or partial refund of the grant received and the corresponding delay interest from its credit in accordance with the provisions of the Article 37 (1) unless they measure causes or circumstances which, as assessed by the competent public administration, have prevented their compliance.

Article 22. Specific programs.

In accordance with Articles 22.1 (b) and 23.2 (c) of Royal Decree 395/2007 of 23 March 2007, the State Administration and the autonomic authorities may establish in their respective management areas, specific programmes for the training of persons with special training needs or who have difficulties in their integration or retraining.

May be beneficiaries of public subsidies to finance the implementation of these specific programmes, which will be determined in each of them, with the participation of the entities being promoted in any case. indicated in Article 3.4 of this order.

Article 23. Training of the inmate population and the military personnel of troops and marineria.

Professional training for the use of persons in situations of deprivation of liberty and of the soldiers of troops and marineria who maintain a temporary relationship with the Armed Forces will be governed by the agreements. the Ministry of Labour and Social Affairs, through the State Employment Public Service, and the Ministries of Interior and Defense, respectively, are established.

It will be applicable to the agreements signed with the Ministry of Defense, the procedure established in Royal Decree 357/2006, of March 24.

Likewise, in accordance with Article 22.2 (a) of Law 38/2003 of 17 November, the direct grant scheme for grants to the Ministry of the Interior for the formation of the Inmate population.

CHAPTER III

Professional non-working practices in companies and the scheme of grants and aid to the unemployed

Article 24. Professional non-working practices.

1. The competent public authorities shall promote non-working professional practices in the enterprises of the unemployed, taking into account their suitability for the territory in which they are carried out and the labour market corresponding to the same.

Before the beginning of the practices, the legal representatives of the workers in the companies will be brought to the attention of the agreements or agreements that subscribe to the effect, as well as a relation of the participants in the those.

Practices may take place either simultaneously with the completion of the training action or after completion when the action has been completed with a positive assessment.

The competent public administrations in the field of vocational training for employment will promote the implementation of practices in enterprises as part of integrated training pathways for job integration.

2. The competent public authorities may allocate up to a maximum of EUR 6 per pupil and time of practice to compensate for the achievement of the same in the terms and conditions which they determine. This compensation shall be granted by direct concession by the competent State or regional authority, under the scheme established by Royal Decree 357/2006 of 24 March.

The justification for the performance of the practices shall be made before the competent administration under the terms of the agreement or agreement signed for that purpose.

3. Workers shall be covered by the risk of accident arising from assistance to business practices and may be entitled to grants and/or grants under Articles 25, 26 and 27 of this order.

4. In the case of practices in undertakings which are carried out as a result of the development of international programmes, the provisions of agreements or agreements concluded with European Union or international bodies shall be provided.

The training that is developed through the professional practices in companies referred to in this paragraph will have to be followed according to a training program of activities and evaluation of the same set with the company. This programme shall include evaluation, observable and measurable criteria for such practices.

Article 25. Scholarships.

1. The grant provided for in this Article may be granted by persons unemployed with disabilities who are involved in the training arrangements provided for in this order, the pupils of the public employment-training programmes regulated by their specific rules and certain groups of unemployed persons participating in personalised vocational training pathways within the framework of the specific programmes provided for in Article 22 of this order.

Disabled persons applying for these scholarships must prove their disability through certification issued by the Institute of Older and Social Services (IMSERSO), or by the corresponding service of the Autonomous Community.

2. The grant shall be as set out in Annex III of this order.

Article 26. Aid for transport, maintenance and accommodation.

1. Unemployed workers who attend the training arrangements provided for in this order shall be entitled to a public transport aid.

Unemployed workers using the urban public transport network to assist in training shall be entitled to receive aid, the amount of which is set out in Annex III. Where the use of public transport for interurban or inter-island displacement is required, the public administration competent for the payment of the aid shall determine its amount and system of justification.

Where there is no public means of transport between the student's home and the centre or this transport does not have a regular schedule which allows it to be compatible with that of the training action, it may be entitled to the aid in question. concept of transport in own vehicle. This will be appreciated by the competent authority for the payment of the aid.

In the case of unemployed workers who have to move to other countries, the transport aid will include the amount of the ticket in the economic class of the initial and final displacements.

2. The maintenance aid shall be entitled when the time of delivery is tomorrow and late and the competent public administration so establishes, by reason of distance and other objective circumstances.

3. Accommodation and maintenance assistance shall be eligible where, by the existing transport network, displacements cannot be carried out on a daily basis before and after the classes. The concurrency of the latter circumstance shall be appreciated by the authority of the public administration competent for the payment of the aid.

Actual accommodation expense will be justified by the lease, hosting bill, or any other supporting documentary means.

4. In the case of distance learning actions, such aid shall be collected only where the unemployed workers are required to move to face-to-face training sessions.

5. The amount of aid shall be as set out in Annex III of this order.

6. The aid to supply transport, maintenance and accommodation expenses provided for in this Article shall not be counted as income for the purposes of Article 215.3.2 of the recast text of the General Law on Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June.

Article 27. Aid for reconciliation.

1. The aid provided for in this Article is intended to enable unemployed persons to reconcile their attendance in training with the care of children under 6 years of age or dependent family members up to the second degree, provided that at the beginning of the Training action meets the following requirements:

a. Not having refused appropriate job offers or refusing to take part in promotion, training or retraining activities within one month of the end of the unemployment benefit or the contributory benefit.

b. No income of any kind exceeding 75 per cent of the 'Public multiple-effect income indicator' (IPREM) This requirement shall be deemed to be fulfilled provided that the sum of the income of all members of the household, including the applicant, divided by the number of members who make up the applicant, does not exceed 75% of the IPREM. For these purposes, it shall account for the amount of social wages, minimum income for insertion or similar social assistance granted by the Autonomous Communities.

2. For the purposes of this aid, the unemployed worker must present the supporting documentation established by the competent public

,

3. The amount of the reconciliation aid referred to in this Article shall be as set out in Annex III of this order.

Article 28. Application and award of grants and grants.

1. The unemployed workers participating in the training arrangements provided for in this order may apply for the grants and aid referred to in this Chapter. The management and payment of these grants and grants shall be the responsibility of the State Employment Public Service and the competent bodies of the Autonomous Communities, according to their respective fields. Its concession will be made directly, according to the procedure established in Royal Decree 357/2006, of March 24, upon request of the student.

The beneficiary entities will collaborate in the management of these grants and grants in terms of the calls.

2. The competent authorities shall set out in their respective areas the time limits for the application and award of the grants and aid provided for in this order.

3. It will be the cause of loss of entitlement to aid and grants to more than three non-justified non-aid offences per month in each training action. In any event, the right to receive the transport and maintenance aid that corresponds to the days in which the training is not attended shall not be entitled.

CHAPTER IV

Centers and training entities

Article 29. Registration of training institutions and institutions.

1. The training centres and institutions referred to in Article 9.1 of Royal Decree 395/2007 of 23 March 2007 may provide the training provided for in the said Royal Decree when they are registered and, where appropriate, accredited in the Register of the competent public administration in the territory in which they radiate.

2. In order to keep the State Registry of Training Entities and Centers, the State Employment Public Service and the Autonomous Communities permanently updated, through the Public Service Information System Employment provided for in Article 7.2.c) of Law 56/2003 of 16 December 2003 on Employment, a common structure of data for the accreditation and/or registration of centres, as well as the coordination mechanisms between the said State Register and the Regional registers, with the guarantee that the transmission of the information between them Records are performed in real time.

3. The State Employment Public Service shall register in the State Register distance training centres and mobile centres where, in both cases, their training performance is carried out in more than one Autonomous Community.

Article 30. Requirements of training institutions and institutions.

1. The training centres and institutions referred to in Article 9 (1) (d) of Royal Decree 395/2007 of 23 March 2007, which provide training leading to the award of certificates of professionalism, must comply, for each specific training imparting for accreditation, at least:

(a) The requirements set out in the actual regulatory decrees of each certificate of professionalism.

b) Dispose of the required spaces, facilities and resources in the training programs associated with each certificate of professionalism.

2. The training centres and institutions referred to in Article 9 (1) (e) of Royal Decree 395/2007 of 23 March 2007, which provide training which is not conducive to obtaining the certificates of professionalism, must comply with each of the training to be provided for registration, at least:

(a) The requirements, facilities and spaces to be established in the corresponding training program of the specialty included in the file provided for in Article 7 of this order.

b) Commitment to the availability of staff, expert and experienced in the field of training.

3. In addition, all centres, regardless of the training they provide, should have the appropriate common spaces and facilities for their employees and teachers.

4. Those entities which, by virtue of the requirements of the facilities of the practical part of the training, do not have the same, can be registered as centres and training institutions provided that they have the corresponding commitment to availability of the same.

5. In accordance with applicable law on the promotion of accessibility and removal of barriers, the accreditation and registration of centres which have the appropriate conditions for access, movement and access will be promoted. communication of persons with disabilities.

6. Competent labour administrations may require additional requirements and set the criteria for the validation of compliance with the minimum requirements for registration.

7. The procedure for the resolution of applications for accreditation and registration in the relevant Register shall be established by the respective competent public administration.

Article 31. Obligations of training institutions and institutions.

These are the obligations of institutions and institutions that provide training for employment, in addition to those they may have as beneficiaries of the grants provided for in this order:

(a) Maintain the facilities and the media structure, on the basis of which their registration has occurred, and adapt them to the minimum requirements that are required at any time for each accredited or registered specialty.

b) Collaborate in the processes for the selection of students and for their insertion in the labour market, in the form that is determined by the competent labor administration.

c) Request express authorization to maintain enrollment as an accredited training center or entity when a change of ownership or legal form of the center occurs.

Article 32. Low in the Register of centres, training institutions and their training specialties.

1. The competent public administration, after a hearing, shall give a decision on the discharge in the relevant Register of the training centre or institution where it fails to comply with any of the obligations set out in the Article previous.

2. In addition, prior notice of at least three months ' notice, a training specialist may be discharged from the training centre or institution where one of the following circumstances is present:

(a) Lack of maintenance of the technical-pedagogical and equipment requirements taken into account for the accreditation or registration of the specialty.

b) Failure to exceed the minimum quality of the training and, where appropriate, the results of the occupational integration of workers, as determined by the competent authority.

3. The resolutions referred to in the preceding paragraphs shall end the administrative route.

CHAPTER V

Quality, assessment, monitoring and control

Article 33. Quality and assessment of training.

1. In accordance with Articles 16 and 17 of the Organic Law of 19 June 2007, and Articles 36 and 37 of Royal Decree 395/2007 of 23 March 2007, the competent authorities shall promote and ensure the quality of the tenders. (a) training for employment and shall carry out a monitoring and evaluation of training actions with a view to ensuring their effectiveness and permanent adequacy to the needs of the labour market.

2. The State Employment Public Service, with the technical support of the Tripartite Foundation for Training in Employment, and the competent bodies of the Autonomous Communities will evaluate, in their respective management areas, the the impact of training on access and maintenance of employment, as well as on the improvement of the employability of workers, the effectiveness of the system in terms of the extent of training and the adequacy of actions to the needs of the labour market and business, as well as the efficiency of the economic resources and means employed.

3. Without prejudice to the assessment provided for in the previous paragraph, the State Employment Public Service, with the corresponding bodies or entities of the Autonomous Communities, shall draw up and implement an annual assessment plan to assess the the quality, effectiveness, efficiency and impact of the occupational training subsystem as a whole for employment and identify the areas for improvement.

In relation to the training of supply, the aforementioned assessment plan, which will be submitted to the participation body's report under Article 33 of Royal Decree 395/2007 of 23 March 2007, will provide for a number of objectives, criteria and indicators relating to the planning of the actions, the execution of the actions and the results obtained from the training, taking into account the quality assessments carried out by the institutions, the participants in the actions, the entities responsible for carrying out the training, as well as the information collected from through the control and monitoring processes.

4. In addition, the State Employment Public Service and the competent bodies of the Autonomous Communities shall encourage and ensure the implementation of systems and devices for continuous improvement of quality in the centres that deliver the actions training through the evaluation of quality. In order to measure quality, the competent public authorities shall lay down criteria and indicators in accordance with the "quality assessment questionnaire", the minimum content of which shall be determined taking into account the proposals of the Autonomous Communities. This questionnaire will be published by Resolution of the Director General of the State Employment Public Service.

The institutions themselves and institutions themselves will collaborate in the assessment of the training they implement.

5. The entities responsible for implementing the training plans referred to in Chapter II of this order shall carry out an assessment and control of the quality of the training they carry out. The beneficiaries will have to spend up to 5% of the grant awarded for this purpose. The calls shall determine the basic criteria and indicators for such assessment. These assessment and control actions shall cover a representative sample of at least 5% of the training groups to be provided.

Article 34. Technical training of trainers.

1. In order to improve the quality of vocational training for employment, programmes will be developed to supplement theoretical training, provide initial training or facilitate the technical-pedagogical updating of teachers and of the teaching experts who provide vocational training for employment, encouraging the application of innovative techniques and processes.

To this end, the State Employment Public Service shall establish annually a technical training plan for trainers, whose preparation and execution shall be carried out in accordance with the provisions of Article 36.3 of the Royal Decree 395/2007 of 23 March.

2. In the preparation of the abovementioned annual plan, account will be taken of the detection of training needs and the technical-pedagogical updating of trainers, the identification of new trends in vocational training, and the proposals of the National Focal Points within the framework of the professional family in which they operate.

3. At the State level, the financing and implementation of the technical improvement plan corresponds to the Public Service of State Employment, which will carry out the annual offer of courses, the publication of the call and the selection of the participants. The delivery, monitoring and evaluation correspond to the National Focal Points.

Article 35. Monitoring and control plan.

1. In order to rationalize efforts and to unify criteria in the follow-up and control actions to be carried out, the Public Service of State Employment and the competent bodies of the Autonomous Communities will draw up, within the framework of the the annual work of the National Employment System, a monitoring and control plan for the training of the offer, as well as the respective report on its implementation.

The monitoring and control actions to be programmed in this plan, carried out by means of on-site visits and ex post visits referred to in Article 36, shall cover at least 5% of the public resources allocated to the (a) each mode of offer training, without prejudice to the actions which may be carried out by the audit and control bodies referred to in Article 38.2 of Royal Decree 395/2007 of 23 March 2007.

2. The State Employment Public Service will provide information from the annual plan to the different audit and control bodies that have such powers in the state field, in order to promote the integral and coordination of the various monitoring and control actions to be carried out in this field. In the same way, the competent bodies of the Autonomous Communities may proceed in their respective fields.

3. The scope and content of the control to be carried out by the Commission shall be determined in the annual programme of objectives for the inspection carried out under the cooperation agreements with the Labour and Social Security Inspectorate. Inspection.

Article 36. Follow-up and control actions.

1. Actions on the spot. -They will understand the follow-up of the training activity at the place of its delivery and during the performance of it, through physical evidence and testimonies gathered through interviews with the training managers, students and trainers, in order to carry out a check on the execution of the training activity, contents of the training activity, actual number of participants, facilities and pedagogical means. In the framework of these actions, requirements may be made for the cure of detected irregularities.

In the case of training whose learning process is carried out by means of conventional distance training or by means of tele-training, the entities with which the training is to be designed should facilitate, the request of the control bodies, the information and the technical instruments necessary for the exercise of the control function.

2. Ex post actions.-The implementation of the training actions supported through physical evidence will be completed once the execution of the training actions has been completed in order to verify, among others, the following extremes:

Running the formative action.

Actual number of participants.

Delivery to the participants of the diploma or certificate of training and, where appropriate, the inclusion in the same of the emblem of the European Social Fund.

Supporting documentation of training costs, accounting costs, as well as the materialisation of the payment in advance of the subsidy justification, taking into account the requirements laid down by the legislation Spain and, where appropriate, the Community as regards the co-financing of the European Social Fund.

In the actions implemented by means of tele-training, at a conventional or mixed distance an additional check shall be carried out on the deliveries of material, on the monitoring checks and on the evidence to be carried out. the scheduled teaching, as well as the verification of the teaching aids and tutorial assistance.

3. The competent public authorities may carry out other monitoring and control actions which they consider necessary in the field of their competences.

4. In addition, the competent public authorities shall carry out specific monitoring and control actions following complaints or the existence of evidence of fraud or irregularities in the implementation of the training activity financed under cover of this order.

Article 37. Defaults and reintegrals.

1. Failure to comply with the requirements laid down in this order and other applicable rules, as well as the conditions laid down in the relevant award decision or, where applicable, agreement or collaboration agreement, shall give effect to the the total or partial loss of the right to the grant of the grant or, after the appropriate recovery procedure, the obligation to return the relevant subsidy in whole or in part.

2. The graduation of the possible defaults referred to in the previous paragraph shall be determined according to the following criteria:

a) In the case of total non-compliance:

The total non-compliance for the purposes for which the grant was awarded or the obligation to justify it will result in the 100 per cent of the grant awarded. The total non-compliance shall also be deemed to be in the case where the performance of the subsidised activity does not reach 35% of its objectives, measured by the number of hours of training multiplied by the number of pupils. formed.

b) In the case of partial default:

The partial non-performance of the purposes for which the subsidy was granted or the obligation to justify it will result in the partial drawback of the grant awarded. Where the implementation of the indicator referred to in the preceding subparagraph is between 35% and 100%, the subsidy granted shall be reduced by the percentage which has ceased to be fulfilled, provided that the expenditure has been duly justified.

Article 38. Infringements and penalties.

The obligation of reimbursement as set out in Article 37 shall be without prejudice to the provisions of Title IV of Law 38/2003 of 17 November on the implementation of administrative sanctions and penalties in respect of grants, if the actions and omissions established in that Law are present.

Infringements may be classified as minor, serious or very serious and shall be subject to the penalties provided in each case in accordance with the provisions of Articles 59 et seq. of that Law.

Additional disposition first. Implementation of other funding formulas.

When in the form of training actions aimed primarily at unemployed workers, other forms of financing referred to in Article 23.3 of Royal Decree 395/2007 of 23 March 2007 will be applied, in any case, the principles of advertising and competition, the maximum economic modules set out in this order and the provisions on assessment, quality, monitoring and control laid down in Chapter V.

Additional provision second. Collegiate body.

In the field of management of the General Administration of the State, the collegiate body provided for in Article 22.1 of Law 38/2003 of 17 November will have the same composition as the Permanent Commission of the Board of Directors of the Tripartite Foundation for Training in Employment, or the same as the Provincial Executive Committee of the State Employment Public Service in the case provided for in Article 18.1.a) of this order.

Additional provision third. Tripartite Foundation for Training in Employment.

In accordance with the provisions of the fifth additional provision of Law 43/2006 of 29 December 2006 for the improvement of growth and employment, the Tripartite Foundation for Training in Employment will act as an entity. Member of the State Employment Public Service in the management of the calls for public grants to be carried out by the State Employment Service in respect of the provision of this order. The Tripartite Foundation will collaborate in the instruction of the procedures and in the elaboration of the proposals regarding the resolution and justification of the grants, corresponding to the Public Service of State Employment grant and payment of the grants. In addition, the Tripartite Foundation for Training in Employment will have the status of an entity in charge of processing the data contained in the State Employment Public Service (STO) files resulting from the actions of the collaboration described above.

For these purposes, both entities will sign up to the corresponding collaboration agreement in accordance with the provisions of Articles 12 et seq. of Law 38/2003 of 17 November.

Additional provision fourth. Application and updating of the amounts and economic modules provided for in this order.

The amounts relating to the financial compensation, aid and grants provided for in Chapter III, as well as the maximum economic amounts and modules set out in Annex I, shall apply to calls and programmes. approved after the publication of this order.

The amounts and economic modules referred to in the preceding paragraph shall be updated by resolution of the Director General of the State Employment Public Service.

Additional provision fifth. Financing of training provided in own centres or through agreements or agreements with public entities or undertakings.

They will be financed under Royal Decree 395/2007 of 23 March 2007, and this order will be provided by the training of the competent public authorities through their own centres. provided for in Article 9 (1) (a) of that Royal Decree, or by means of agreements or agreements with public entities or undertakings which may provide training.

In particular, the authorities concerned will ensure that the integrated vocational training centres, which are publicly owned, are financed to sufficiently cover the training offer of the certificates of Professional qualifications for families or professional areas of your specialty.

Additional provision sixth. Advance payment of the grant.

With regard to training plans aimed primarily at the employed, in the management field of the General Administration of the State, the provisions of Order TAS/1622/2002 of 13 June 2002 will not apply. determining the way in which the advances for payment of grants awarded by the State Employment Public Service are secured.

Additional provision seventh. Record of conventions for execution of training plans.

Without prejudice to the records which may be established by the competent authorities in their respective management areas, the agreements concluded for the implementation of the training plans referred to in Section 2 of the Chapter II of this order, both state and regional, will be entered in a register which, to this effect, will create the Public Service of State Employment with the technical support of the Tripartite Foundation for Training in Employment.

First transient disposition. Records of training institutions and institutions.

1. As of the entry into force of this order, the State Registry of Centers and Training Entities will be constituted with the centers, structure and situations in force included in the National Census of Public Service Collaborators. State Employment, as well as of the competent public administrations ' own centres.

For the purpose of keeping the State Registry of Centers and Training Entities permanently updated, the Autonomous Communities will communicate to the Public Employment Service the high, the low and the modifications that produce in their Records.

2. All training centres or institutions which provide training schemes for schemes primarily aimed at employed workers and who are not registered in the State Register of Training Centres and Entities in accordance with paragraph 1. prior to the date of entry into force of this Ministerial Order, they shall have one year to request their inclusion in the same.

3. The accredited centres for the provision of certificates of professional qualifications linked to the National Catalogue of Professional Qualifications shall be included in that Register taking into account the requirements laid down in Article 30.1 of the this order and the regulatory rules for those certificates.

Second transient disposition. Sector map.

In accordance with the provisions of the second transitional provision of Royal Decree 395/2007 of 23 March 2007, as long as the sectoral map referred to in that provision is not approved, the joint proposals to bring together several sectors of activity will take as a reference point the classification of related sectors as set out in Annex IV, with the proposed references to all workers belonging to the related sectors grouped in each proposal.

Transitional provision third. Incorporation of training actions linked to the National Catalogue of Professional Qualifications.

For the purposes of the provision of regulated offer training in this order, and until the corresponding certificates of professionalism are approved according to the Royal Decree that regulates them, the public administrations The competent and the sectoral Joint Committees may include in their programmes and reference plans, respectively, the training modules linked to the National Qualifications Catalogue.

For the plans referred to in Article 2.1.a) and where these modules exceed 90 hours, they may be subdivided into lower-duration training units in accordance with the criteria laid down by the Commission, where appropriate. Sectoral Paritaires in their reference plans.

For the purposes of crediting the training actions described in this provision, it will be regulated in Article 11.2 of Royal Decree 395/2007 of March 23.

Transitional disposition fourth. Transitional arrangements for procedures.

The procedures for granting grant training grants initiated prior to the entry into force of this order shall be governed by the above rules applicable to them.

Where the implementation of the training activity is multiannual, the provisions of the preceding paragraph shall apply to the first and, where appropriate, successive calls for publication.

In the public employment and training programmes of the Schools Workshop and Trades Houses the amount of the scholarship set out in Annex III will be applied to the students of the School and Training School projects to be initiated from the entry into force of this order. Grants of students participating in projects already initiated on that date shall continue to be governed by the amount laid down in the rules applicable at the date of commencement of such projects.

Single repeal provision. Regulatory repeal.

Order TAS/2388/2007 of 2 August 2007, for which Royal Decree 395/2007 of 23 March 2007, which regulates the occupational training subsystem for employment, is hereby repealed with regard to the training of supply and establishing the regulatory basis for the award of grants for funding, in the field of the General Administration of the State, as well as the provisions that develop it.

Final disposition first. Competence title.

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

Final disposition second. Applicable Regulations.

The Law 38/2003, of 17 November, General of Grants, Royal Decree 887/2006 of 21 July, approving the Implementing Regulation of the same Law, will apply in this order. 30/1992, of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, as amended by Law 4/1999 of 13 January, Royal Decree 395/2007 of 23 March 2007 on the Professional training for employment, Royal Decree 357/2006, of 24 March, for which the concession is regulated (i) direct payments of certain grants in the fields of employment and occupational vocational training. and any other applicable rules applicable for the reason of the matter.

Final disposition third. Enforcement powers.

The Director-General of the State Employment Public Service and the competent authorities of the Autonomous Administrations may, in their respective fields of competence, dictate the provisions necessary for the implementation of the of this order. At the same time, the Director-General of the Social Economy, the Autonomous Labour and the European Social Fund is empowered to lay down the provisions necessary to lay down the conditions, requirements and forms of accreditation of the representativeness and implementation of the applicants for cross-sectoral plans for the social economy and for self-employed workers.

Final disposition fourth. Entry into force.

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

Madrid, March 7, 2008. -Minister of Labor and Social Affairs, Jesús Caldera Sanchez-Capitan.

ANNEX I

Maximum Amounts and Economic Modules

1. The maximum economic modules (cost per participant and training time) applicable for the purpose of the determination and justification of the grants for the financing of the offer training shall be as follows: function of the impartition mode and the level of the training:

Impartition mode

Teletraining

Training
Top
Presential	9 €	13 €
7.5 €
a conventional distance	5.5 €
Mixta	The previous modules will be applied based on the presential and distance training hours conventional or tele-forming that has the formative action.

In the form of face-to-face delivery, the "entry level" module, which enables the development of basic skills and qualifications, will be applied when training is to be provided in either cross-cutting or generic subjects; while the "top level" module will be applied when the training incorporates subjects that involve specialisation or training to develop programming or management skills.

The cross-sectional training referred to in Article 6.2 when accompanying a specific training action shall be assessed in accordance with the economic module of the latter.

2 With regard to the evaluation and quality control actions of the training referred to in Article 33.5, the beneficiary shall allocate up to 5% of the grant he has received for this purpose. granted for the execution of the training activity.

3. The competent public authorities may increase by up to 50% the upper economic module of the in-person mode, depending on the singularity of certain training actions which for their particular nature and characteristics (i) the need for greater funding.

The cost of all the actions referred to in the preceding paragraph may not exceed 5% of the total of the funds allocated to the financing of the vocational training offer for employment.

ANNEX II

Financing costs and imputation criteria

1. Direct costs of training activity:

(a) The remuneration of internal and external trainers, including salaries, social insurance, allowances and locomotion costs and, in general, all costs attributable to trainers in the exercise of their activities preparation, sharing, mentoring and evaluation of training actions participants.

These expenses shall be duly reported for hours dedicated to the activity to be charged.

(b) depreciation costs for teaching equipment and technology platforms, calculated on the basis of depreciation criteria accepted in the accounting rules, as well as the rental or leasing of such equipment, excluding their interests, supported in the execution of the training actions.

These expenses shall be duly broken down by training action and shall be charged for the number of participants in the case of individual use of the equipment or platforms; otherwise, they shall be charged for hours of usage.

(c) Expenditure on teaching aids and/or acquisition of teaching materials, as well as expenses on consumables used in the performance of training actions, including protection and safety material. Also, in the case of tele-training, the costs attributable to the means of communication used between trainers and participants.

These expenses shall be duly broken down by training action and shall be charged for the number of participants in the case of individual use of the equipment or platforms; otherwise, they shall be charged for hours of usage.

(d) The costs of renting, leasing, excluding their interest, or depreciation of the classrooms, workshops and other areas used in the development of the training.

These expenses shall be duly broken down by training action and shall be charged for the duration of the action.

Amortization expenses will be calculated according to generally accepted accounting standards, the method of amortization being applicable according to the tables approved by the Corporate Tax Regulation.

e) Participant accident insurance expenses.

These expenses must be presented broken down by training action and their allocation will be made by the number of participants.

f) Expenditure on transport, maintenance and accommodation for employed workers participating in training activities, subject to the limits laid down in Order EHA/3771/2005 of 2 December 2005, for which the amount of the expenses for locomotion and allowances in the Income Tax of the Physical Persons.

These expenses must be duly broken down by training action and their imputation will be made by the number of participants.

g) Advertising expenses for the organization and dissemination of training actions.

These expenses should be presented appropriately broken down by training action.

2. Associated costs of training activity:

a) The costs of both internal and external support personnel and all necessary for the management and execution of the training activity.

(b) Financial expenses directly related to the activity supported and which are indispensable for the proper preparation or execution of the activity. The debtor interests of the bank accounts shall not be eligible.

c) Other costs: Light, water, heating, courier, mail, cleaning, surveillance and other costs, not specified above, associated with the execution of the training activity.

In accordance with Article 31 (9) of Law 38/2003 of 17 November, these costs will have to be imputed by the beneficiary to the activity subsidised in the part that is reasonably appropriate in accordance with the generally accepted accounting principles and standards and, in any event, to the extent that such costs correspond to the period in which the activity is actually carried out.

The sum of the associated costs cannot exceed 20 percent of the costs of the training activity.

For the purposes of this paragraph, in the training plans aimed primarily at the employed workers, these associated costs shall be understood as referring to the plan as a whole, excluding costs. provided for in paragraph 3 of this Annex.

3. Other eligible costs:

(a) The costs of assessment and control of the quality of the training, as provided for in Article 33.5 and in Annex I (2).

(b) If the supporting account is to be made with an auditor's report in accordance with the provisions of Article 74 of Royal Decree 887/2006 of 21 July, the expenditure arising from the implementation of that report shall be eligible for additional funding only for the assumption that the said report is mandatory for the beneficiary.

Calls shall establish the terms and conditions for the performance, imputation and justification of these costs.

4. The competent public authorities may establish a minimum eligible cost for each or any of the expenditure referred to in paragraph 1 of this Annex.

5. In any event, the eligible costs provided for in this Annex must be met by actual costs actually incurred, paid and justified by invoices or accounting documents of equivalent probative value.

ANNEX III

Amount of grants and grants

1. The grant provided for in Article 25 shall have a maximum amount of EUR 9 per day of assistance.

This amount may be increased by up to 50% when recipients of the grants belong to groups with the greatest difficulties of insertion and participate in the specific programmes of training pathways. custom professional.

2. The aid provided for in Article 26 shall be as follows:

(a) Aid in urban public transport shall be of a maximum amount of EUR 1,5 per day of assistance.

(b) The aid in respect of transport by vehicle shall have a maximum amount per day of assistance of EUR 0,19 per kilometre.

(c) Support for maintenance shall be at the maximum amount of EUR 12,00 per day.

d) The accommodation and maintenance support will be up to 80.00 euros/natural day. In this case, the student will be entitled to the economic class transport tickets of the initial and final displacements.

e) Unemployed workers participating in transnational training actions and/or in professional practices developed in other countries shall be entitled to the receipt of an aid in respect of accommodation and maintenance of up to 158.40 euros/natural day. They shall also receive the amount of the initial and final ticket in economic class.

3. The amount of the reconciliation aid provided for in Article 27 shall be 75% of the daily IPREM per day of assistance.

ANNEX IV

Related Sector Classification

Related Sectors Pool

and Civil Work.

The_table_table_izq"> Mediation on private insurance.

.

Sector
Physical-Sports Activities.	Professional Sport (Baloncesto; Handball; Cycling; Professional Football Divisions 1. and 2. A and Professional Football 2. Division A).
	installations.
Administration.	Customs agencies.
	of tax technicians and tax advisors.
	Management and Mediation
	Managers.
	Offices and Issues (Offices of chambers, schools, associations, federations and institutions; professional offices; Brokers; Notaries; Exchange and Exchange Agents; Offices and Offices in General; Stock Market)
	and market registrants
Agrariats.	Poultry and other animals
	Gardening.
	Production, Manipulated and Packaging for Trade and Export of citrus fruits, vegetables, flowers and live plants
	, forestry and livestock sector
Water.	Catch, Lift, Driving, Treatment, Purge, and Water Distribution
Arts.	graphic arts, paper and cardboard manipulated, publishing and related industries
	Press.
	Press not daily
and marketing.	Trade
	Trade.
	Delegations of the Business Public Ente Lotteries and Betting Status.
	Stations.
	Telemarketing.
Build.
Derivatives of cement
companies producing cements.
Ferralla.
Yesos, escayolas,	.
Autoschools
		child care and education
			education and research
		Centers and services for people with disability
		majors.
		teaching companies held fully or partially with public funds
	education
Energy.	Electrical industry sector (1) (7).
	distribution agencies liquefied.
	Finance and insurance.
	Industrial Cold
Hostels and Tourism.	Travel Agencies.
	Rental of vehicles with and without driver.
	game organizing companies (3)
	Hostel.
image.	Pellueries, beauty institutes, gyms and the like
Image and sound.	Companies advertising
	Display.
	Industries.
	Audiovisual Production.
Industries food.	Plant conserves.
	makers of cooked products for home sales
	Meat Industries.
	and beverage industries (6).
	bird mataderies.
extractive industries.	Mining.
Informatics and communications.	Optical Fiber Cable Dealerships
service operators
, furniture, and cork.
		Wood.
Environment.	Urban solid waste and road cleaning.
	Maintenance and maintenance of facilities aquatic.
	Recovery of waste and secondary raw materials
Metal.	Pesquera
Pesquera.		Chemistry.
	Industries
Perfumery and related
	Health.	The_table_table_izq"> Pharmacy Offices.
.
Transportation of sick and injured by ambulance
Security.	Private security
Services (others).	Cleaning of buildings and premises
	Maintenance of support cabins and public-use phones
	Services (Employees of urban estates; Funeral services; Tintoreries and laundries; Management of showrooms and recreational activities) (4) (5) (11)
	to businesses.	Planning, business organization, and accounting
		companies and technical studies offices.
		work enterprises.
Social Services.	Action and Social Intervention.
	Service to Dependent Persons and development of personal autonomy promotion
, clothing and skin.	Curtid
	Manufacture of manual and orthopaedic and tailor-made artisan footwear and repair shops and preservation of used and duplicate keys.
	industry
	Hormas, heels, floors, and cambrillones.
	Marking, Reputation, and the
Textile and Garment.
Transport.	Activities attached to the transport (forwarders and consignors).
	Amarers.
	delivery (10).
	merchant marine
				State ports and port authorities.
		Transport by road (8) (9)
	Air Transport
	Transport of goods by road (8) (9).
and ceramics.	Manufacturing tiles, pavements and ceramic tiles and related tiles
	extractive industries, glass industries, ceramics industries, and exclusivist trade of the same materials
	and bricks.

NOTE.-To ensure the training of workers in the sectors of activity where there is no sectoral collective bargaining, in accordance with Article 24 (2) (b) of RD 395/2007, of 23 March, such workers may participate in the sectoral plans to which they are linked according to the notes below, without any increase in the population employed.

(1) Extraction of crude oil and natural gas; Activities of services related to oil and gas holdings; Coqueries; Oil refining; Gas production and hot water steam.

(2) Other financial entities.

(3) Casinos and gaming rooms.

(4) Auxiliary services activities.

(5) Domestic service activities.

(6) Tobacco industry.

(7) Renewable energy.

(8) Transport by rail and other types of regular transport (cable car, cable car and zip).

(9) Toll tracks and other toll roads.

(10) Post and postal activities.

(11) Theme parks.