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Order Tas/3911/2007, Of 27 December, That Establishing The Regulatory Bases For Granting Scholarships In The Women's Institute.

Original Language Title: ORDEN TAS/3911/2007, de 27 de diciembre, por la que se establecen las bases reguladoras para la concesión de becas de formación en el Instituto de la Mujer.

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The Women's Institute is an autonomous body attached to the Ministry of Labour and Social Affairs, through the General Secretariat for Equality Policies, which has as its primary purpose, in accordance with Law 16/1983, of 24 October, the establishment of the Institute, the promotion and promotion of the conditions for equality between the sexes and the participation of women in political, cultural, economic and social life. On the other hand, the achievement of full equality between women and men is one of the fundamental axes of government action and an inalienable objective, assumed and shared by each and every ministerial department, as has been determined by the important decisions taken by the Council of Ministers to promote equality between men and women and which culminates with the adoption of the Organic Law 3/2007 of 22 March on the effective equality of women and men. One of the needs identified for the achievement of the proposed objectives is to increase the number of people with the necessary expertise to actively participate in tasks in favour of equal opportunities and to transfer to all areas of social life such knowledge. In the context of the objectives of the equality policies and the provisions contained in the precise Organic Law, it is necessary that persons enjoying a training grant in this Agency may interrupt the grant for the purpose of delivery, adoption or welcome, without prejudice to any of your right to continue to receive the amount of the grant awarded to you. Consequently, we have seen the mandatory reports of State Advocate in the Department and the Delegation of the General Intervention of the State Administration at the Institute of Women, in accordance with Articles 9.2 and 17 of Law 38/2003, of 17 November, General of Grants, I have:

Article 1. Object.

The purpose of this Order is to establish the regulatory basis for the granting, under competitive competition, of individual grants for equal opportunities training between the two sexes, in the Institute of Women as well as to constitute a reserve list, in order to guarantee the provision of the places offered as they will remain, if necessary, vacancies; all in order to increase the number of people with the knowledge (a) technical assistance to participate actively in the work of equal opportunities between women and men and transfer to all areas of social life these knowledge, as well as improving the employability of the beneficiaries.

Article 2. Financing.

1. The grants provided for in this Order shall be financed from the corresponding implementation of the budget of the Institute for Women.

2. The total cost of this action will be attributed (60% to Objective 1 and 40% to Objective 3) to the action 'Training grants on equal opportunities' of the Objective 1 and 3 Operational Programmes 'Fight against Discrimination', co-financed by the Fund. European Social Fund with 75% and 50% respectively.

Article 3. Duration.

Each of the scholarships will last for twelve months, and can be extended by resolution of the Director General of the Women's Institute and a favorable report of the Unit where the training takes place, up to a maximum of 12 months. Such extension shall be subject to the Agency's budgetary resources.

Article 4. Endowment and payment of scholarships.

1. The financial allocation for the grants shall be fixed on the basis of the budgetary appropriation available in the relevant budget heading in the call for tenders, and shall be paid for months due, deducted from the deductions laid down in the budget. rules in force, and after certification by the guardian or guardian in which the use and fulfilment of the obligations of the recipient of the grant is credited; the amount shall be proportional to the number of days in the month of commencement or completion has been enjoyed by each scholarship.

2. The same increase in the amount fixed in case of extension of the grants will be applied to the corresponding State General Budget Law for the official staff of the General Administration of the State. 3. The amounts paid in no case shall be of a salary or remuneration, but of economic aid for the costs incurred by the grant. 4. In the period of validity of the grants, additional aid may be paid, in accordance with the available budget, to compensate for the costs of attending courses or seminars which, under the guidance of the guardian or (i) the following: (i) the following: (i) the following: (i) the following:

Article 5. Requirements of the beneficiaries.

1. Natural persons with full capacity to act who, while not being disabled for the purpose of obtaining state aid or grants, may meet the following requirements: (a) Poseer of Spanish nationality or national of a member country of the European Union resident in Spain at the time of applying for the grant.

(b) To be in possession of the academic qualifications required in the corresponding call and to have obtained them in the three academic years preceding it, or to credit the payment of the rights for their issue, before the deadline for the submission of applications. Diplomas obtained abroad or in non-State Spanish centres must be validated or recognised and have full civil effects on the deadline for the submission of applications. c) Not having previously enjoyed other training grants in the Agency. (d) Not suffering from a disease or physical defect which prevents the development of training activities, or contagious disease, which must be certified by an optional doctor within 10 days of the award of the grant. (e) to be in a situation of unemployment or in order to improve employment.

2. These requirements shall be held on the day of the completion of the deadline for the submission of applications.

Article 6. Characteristics of the scholarships and incompatibilities.

1. The granting and enjoyment of the scholarships does not give rise to any employment or statutory relationship between the beneficiaries and the Women's Institute.

2. The grant of the grant shall be incompatible with any other grant, aid, revenue or resource for the same purpose, from any public or private authorities, nationals, European Union or bodies. international, and with any other paid activity coinciding with the time of the enjoyment of the scholarship. 3. It shall also be incompatible with the unemployment benefit, which, if necessary, shall be expressly waived by the persons awarded the grant within 10 days of the notification of the award.

Article 7. Applications.

1. The applications, addressed to the Director General of the Institute of Women, shall be formalized in the model indicated in the Resolution of convocation, shall be submitted within 15 working days of the publication of the aforementioned resolution in the Official Gazette of the State, in the General Register of the Institute of Women, or by any of the means laid down in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. Only one application per applicant shall be admissible, which shall correspond, where appropriate, to a maximum of three of the grants to be awarded, indicating the order of preference for the places requested.

2. Applications shall be accompanied by the following original documentation, certified photocopy or copy, which is authentic, according to the legislation in force:

(a) Authorization to the Institute of Women in the application itself to verify its data by means of the Identity Data Verification System, as established by Royal Decree 522/2006 of 28 April 2006, or, if applicable, photocopy of the national identity card, passport or residence permit and/or work.

b) Copy of the academic title required in the respective call resolution for the various scholarships or, where appropriate, of the document supporting the payment of the rights for their issue. (c) Academic certification of the qualifications obtained and the average note of the file. d) Curriculum Vitae, with a maximum extension of three sheets, accompanied by the supporting documents of the alleged merits. (e) Accreditation of being in a situation of unemployment or in application for improvement of employment. (f) Consent of the requesting person, which shall include in the application itself, in order for this Agency to check, through the Residency Data Verification System, the data of its registered office, in accordance with Royal Decree 523/2006 of 28 April, or, failing that, a certificate of registration. g) Memory, with a maximum extension of a sheet, explaining the personal interest to access the requested scholarships. h) A sworn statement that he has not previously enjoyed other training grants from the Women's Institute. (i) Statement responsible for the fact that the applicant is not in any of the prohibitions which, in order to obtain the status of beneficiary of the grant, provides for Article 13 of the General Grant Law. Applicants for grants which are ultimately awarded to them, before the motion for a resolution is given, must prove that in the form and means laid down in Article 13 (7) of that Law, except where in the case of tax and social security obligations, in which case the submission of the application entails the authorisation of the applicant to obtain, directly, the accreditation of compliance with the tax and social security obligations by means of telematic certificates or, in the case of the applicant refuses his consent, the submission by the person concerned of a certification attesting to the fulfilment of those obligations.

3. If the documentation provided is incomplete or fails to provide any subsable errors, the applicant shall be required to submit the necessary documents within the maximum period of 10 working days, with a warning that if he does not He shall be given the withdrawal of his application, in accordance with the provisions of Articles 71.1 of Law No 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, prior to a decision to be taken in accordance with the terms laid down in Article 42 thereof.

4. Without prejudice to the foregoing, at any stage of the procedure, the applicant may be required to complete any other requirement or procedure omitted, in accordance with the provisions of Article 76 of the LRJAP-PAC, by granting the effect of a period of 10 working days from the day following that of the notification, with an express warning that, if not so, it may be declared to be falling in its right to the corresponding procedure. The action of the person concerned shall be admissible and shall produce its legal effects if it occurs before or on the day of notification of the decision in which the time limit is elapsed.

Article 8. Organs of instruction, assessment and resolution.

1. The instruction of the procedure for the award of grants is to the General Secretariat of the Women's Institute.

2. A Valuation Commission, which shall have the consideration of the collegiate body referred to in Article 22.1 of the General Grant Act, consisting of a minimum of four persons, one of whom shall act as chairperson, shall issue the report of assessment referred to in Article 24 (4) of Law 38/2003 of 17 November, General of Grants. The decision to convene shall determine the specific composition of the body. In addition, a person who will be a secretary, with a voice but without a vote, will be part of the collegiate body. This Commission shall, in respect of its operation, comply with the provisions of Chapter II of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. 3. The instructor, in the light of the dossier and of the report of the collegiate body, shall make the proposal for a provisional, duly substantiated, resolution containing the list of applicants for whom the granting of the scholarship, its assessment and the assessment criteria followed to formulate it. The report of the instructor shall state that the information in its possession shows that the beneficiaries fulfil all the necessary conditions for access to the grants. 4. The procedure for hearing may be waived where the proceedings are not included in the proceedings, nor are any other facts or other allegations and evidence which are adduced by the persons concerned. In this case, the motion for a resolution shall be final and shall be submitted to the Director-General, the body responsible for issuing the decisions which shall be taken on each call.

Article 9. Assessment criteria.

1. The selection shall be made by assessing the following aspects: (a) The academic record. The average score for the academic record shall be taken into account for up to 3 points.

b) The specific training required in the respective call, up to a maximum of 4 points. (c) Languages, at the level required for each grant, up to a maximum of 3 points. The level of the language required in the relevant call shall be checked by a test which shall be carried out among the persons shortlisted according to the score obtained in paragraphs (a) and (b). Applicants of foreign nationality will also be subject to a Spanish test, requiring a high level of both spoken and written language.

2. A pre-selection of applicants will be made for each place offered, with the appointment of the persons in the top ten posts. The interview will be valued up to a maximum of 4 points.

3. Merits which are not duly accredited, by means of original or certified documents, may not be valued.

Article 10. Resolution.

1. The Director-General of the Women's Institute, after audit of the dossiers, shall give a reasoned decision within 15 days of the date of the lifting of the motion for a resolution, by awarding the grants to the holders and by approving, also, the list of candidates who, following the order of score obtained and up to a maximum of ten for each grant, will replace the holders in the event that they give up those who have been awarded them.

2. The decision shall be delivered and notified within the maximum period of six months from the date of publication of the relevant notice of call, and shall end the administrative route and may be brought against the same appeal. Replacement of the Director-General of the Institute of Women within one month from the day following that of the notification of the decision, or being directly challenged in the court order administrative-litigation, in the form and time limits provided for in the Law regulating such jurisdiction. 3. An extension of the maximum time limit for resolution and notification, in terms and with the limitations laid down in Article 42.6 of the LRJAP-PAC, may be agreed upon, with the agreement of the applicants being communicated. 4. The award decision shall be published in the Official Gazette of the State and shall be notified individually to the persons awarded in accordance with the provisions of Article 59.1 of Law No 30/1992 of 26 November 1992 of the Legal Regime of the Public administrations and the common administrative procedure. It will also be published in the bulletin boards of the Women's Institute and on the website www.mtas.es/mujer, the list with the names and names of the beneficiaries and alternates selected. 5. After the maximum period of time without notification of the decision, the applicants must understand their request for administrative silence, as stated in Article 25.5 of the General Law on Subventions. 6. The persons awarded the award shall communicate in writing to the management of the Women's Institute the acceptance or waiver of the grant awarded within 10 days of the date of receipt of the notification. After this period has not been submitted, the letter of acceptance shall be deemed to give up and shall be designated as the beneficiary of the person listed first as an alternate.

Article 11: Amendment of the Resolution.

In accordance with the provisions of Article 19.4 of Law 38/2003 of 17 November, General of Grants, any alteration of the conditions taken into account for the grant of the grant, and in any case, the obtaining (a) concurrent with other grants, aid, revenue or resources for the same purpose, from any public or private authorities, national, European Union or international bodies, may give rise to the amendment of the resolution of the concession with the effects provided for in Article 13 of this Order.

Article 12. Rights and Obligations of the beneficiaries.

1. Persons benefiting from the scholarships covered by this Order shall have the following rights: (a) Enjoyed a sickness insurance policy and bodily accidents during the period of the grant, unless personal circumstances are met. imenable the subscription of the same.

b) In order to facilitate their training process, they will have the advice, guidance and direction of a tutor or tutor, who will define the tasks they will have to perform and the training they will be required to receive. (c) At the end of the period of enjoyment of the grant, the Director General of the Women's Institute shall extend to the scholarship holders a certificate attesting to the theoretical and practical knowledge acquired.

2. Also, and in addition to complying with the obligations laid down in Article 14 of Law 38/2003 of 17 November, General of Grants that will be applicable in the present case, the beneficiaries of the scholarships are obliged to:

a) Incorporate to the Women's Institute within 10 days from the acceptance of the scholarship.

b) Meet the standards of the Institute and be available on the date indicated in the Award Resolution. (c) Carry out the activities entrusted to it during the six hours daily from Monday to Friday to be fixed in each case as a day of presence in the centre. (d) Observe the utmost discretion in the matters, facts and information of which knowledge is known at the time of the enjoyment of the scholarship. (e) to provide the Court of Auditors with the information required. (f) To provide information on the work situation of the Women's Institute at the request of the Women's Institute six months after the end of the training period. (g) Communicate the procurement of aid or grants for the same purpose.

Article 13. Reintegra.

1. Failure to comply with the obligations set out above may result in the grant of the grant being revoked and, where appropriate, the reimbursement of the amounts actually paid, in accordance with the provisions of the first chapter of the second Law 38/2003, General of Grants, without prejudice to the responsibilities that will be required.

2. It shall also give rise to the drawback of the fact that the person who became a scholarship member incurs one of the cases listed in Article 37 of the General Law on Subventions. 3. In the event of revocation of the grant, the Director-General of the Women's Institute shall agree, in the light of the circumstances and in response to the criterion of proportionality, whether the full or partial refund of the amounts is appropriate. the interest on late payment which corresponds to or only the cancellation of the outstanding credits. In any event, the graduation provided for in Article 17 (3) (n) of the General Law on Subsidies will take place on the basis of the voluntary nature of the non-compliance and the volume and importance thereof. For the reimbursement of the amounts received, the provisions of Article 42 of Law 38/2003 of 17 November, General of Grants, will be available.

Article 14. Suspension of the scholarship.

1. In the case of childbirth, adoption or acceptance, both pre-adopted and permanent, of children under six years of age or of minors who are over six years of age in the case of minors with disabilities, or who, due to circumstances and personal experiences or due to the fact that they have come from abroad, have particular difficulties of social and family integration duly accredited by the competent social services, and at the request of the person concerned, the Directorate-General of the Women's Institute will authorize the temporary interruption of the period of enjoyment of the grant, to allow people You will be awarded your physical recovery and/or attention to your new family responsibilities.

2. This interruption, in the event of the enjoyment of maternity leave, may not exceed 16 weeks or, in any case, the maximum laid down in the labour law; in the case of the delivery period the period of suspension shall be distributed as a result of the interested, provided that six weeks are immediately after delivery. In the case of a paternity leave, it shall be for a period not exceeding thirteen days, which may be extended, in the case of childbirth, adoption or multiple acceptance in two days for each child from the second. As long as the situation lasts, the person concerned will continue to earn and receive the amount of the grant awarded and the interrupted period will be recoverable in any case. 3. The Directorate-General of the Women's Institute may, where appropriate, authorise the temporary interruption of the period of enjoyment of the grant where it is motivated by duly accredited sickness and/or accident situations which prevent the Transitional mode the activity of committed training. Interruptions for these causes may not exceed four months during the period of the duration of the grant. During the period of stay in this situation the person concerned may choose to continue to receive the financial envelope or to extend the period of enjoyment of the grant, in which case, during the period interrupted, the economic envelope. 4. After the period of the authorized temporary suspension, the person receiving the grant shall be re-entered into the training activity; otherwise, the grant shall be declared extinguished by Resolution of the Director General.

Article 15. Resignation.

The resignations or casualties that occur among the persons who are to be received must be communicated by the interested parties to the Directorate General of the Women's Institute, provided that this is possible, 15 days in advance and may be replaced by candidates from the list of alternates. The period of the grant of the grant, in the case of replacement, shall be 12 months from the date of incorporation, without prejudice to the possibility of granting the corresponding extension until the end of the twenty-four months, in the terms set out in the in the fourth article of this Order.

Final disposition first. Right of supply.

As not provided for in this Order, the provisions of Law 38/2003, of 17 November, General of Grants, in Royal Decree 887/2006 of 21 July, which is approved by the Law of Law, will be applied in an additional way. 38/2003, of 17 November, General of Grants, and in Law 30/1992, of November 26, of Legal Regime of Public Administrations and of the Common Administrative Procedure.

Final disposition second. Faculty of development.

The Director General of the Women's Institute may, if necessary, dictate instructions for the proper implementation of the provisions of this Ministerial Order.

Final disposition third. Entry into force.

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

Madrid, 27 December 2007.-The Minister of Labour and Social Affairs, Jesús Caldera Sanchez-Capitan.