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 Secretary General of policies of equality, which has as its primary objective, in accordance with the Act 16/1983 of 24 October, of creation of the Institute, the promotion and the promotion of conditions that make possible the equality of both sexes and the participation of women in political life cultural, economic and social.
On the other hand, the achievement of full equality between women and men is one of the cornerstones of the action of the Government and an indispensable objective, assumed and shared by each and every one of the various ministerial departments, as it has been stated by the important decisions taken by the Council of Ministers to promote equality between men and women , and culminating with the adoption of the organic law 3/2007, of 22 March, for the effective equality of women and men.
One of the needs observed for the achievement of the proposed objectives is the increase the number of people with the expertise necessary to actively participate in tasks in favour of equal opportunities and transfer this knowledge to all areas of social life.
In the framework of the objectives of policies of equality and the provisions contained in the aforementioned Basic Law, it is necessary that people who enjoy a fellowship training in this organism can interrupt it by reason of birth, adoption or foster care, without involving any prejudice to their right to continue receiving the amount of the scholarship that was awarded.
Therefore, seen the mandatory reports of the advocacy of the State Department and the intervention delegate of the intervention General of the administration of the State in the women's Institute, in accordance with articles 9.2 and 17 of law 38/2003 of 17 November, General grants, have: article 1. Object.

This order aims to establish the regulatory bases for granting, in regime of competitive concurrence of individual scholarships in the field of equal opportunities between the sexes, in the women's Institute, as well as to constitute a reserve list, in order to ensure the provision of the places to stay , in his case, vacant; all this with the purpose of increasing the number of people with the expertise necessary to actively participate in tasks in favour of equal opportunities between women and men and transfer to all areas of social life this knowledge, as well as improve the employability of the beneficiaries.

Article 2. Funding.

1. scholarships regulated by this order will be financed from the corresponding implementation of the budget of the Institute for women.

2. the total cost of this action will be imputed (60% to objective 1 and objective 3 40%) to the performance «Fellowship training in equal opportunities» of the operational programmes 'Fight against discrimination' objectives 1 and 3, co-financed by the European Social Fund with 75% and 50%, respectively.

Article 3. Duration.

Each scholarship will have a duration of 12 months and can be extended, by resolution of the Director General of the Institute of women and prior favourable report from the unit where the formation is made up to a maximum of another twelve months. Such extension shall be subject to budget availabilities of the organism.

Article 4. Allocation and payment of grants.

1. the endowment of scholarships shall be fixed according to the budgetary credit available in the corresponding budget item in the relevant invitation to participate, and will be paid for vanquished months, deducted the deductions laid down in legislation, and prior certification of the tutor or guardian proving the use and compliance with the obligations of the beneficiary person of the scholarship; the amount will be proportional to the number of days in the month of start or end is enjoyed each scholarship.

2 apply to set amount, in case of extension of the scholarship, the same increase made in the corresponding law of the State budget for the staff official of the General Administration of the State.
3. the amounts paid in any case will be salary or remuneration, but financial assistance for expenses involved in the scholarship.
4. during the term of the grants additional aid, in accordance with budgetary availability, may pay to offset the expenses of attendance at courses or seminars which, in consideration of the guardian or tutor responsible for the formation, is understood to have necessary or convenient to the same purposes.

Article 5. Requirements of the beneficiaries.

1 may attend the call with full capacity to act natural persons who, not being disabled to obtain grants or public subsidies, meet the following requirements: to) have Spanish nationality or be a national of a member country of the European Union resident in Spain at the time of applying for the scholarship.

(b) be in possession of the qualifications required in the corresponding call and have been obtained in the three academic years to the same, or prove the payment of royalties for his expedition, before the end of the deadline for submission of applications.
The qualifications obtained abroad or in Spanish non-State centres must be confirmed or recognised and have full civil effects on the deadline for submission of applications.
(c) not having enjoyed in advance of other scholarships from the body.
(d) be free from disease or physical defect that prevents the development of the activities of training, or contagious disease, end that must be certified by physician/doctor/a within ten days following the award of the scholarship.
(e) be unemployed or in improvement of employment application.

2. these requirements must have is the day of the expiry of the deadline for submission of applications.

Article 6. Characteristics of the scholarships and incompatibilities.

1. the granting and enjoyment of scholarships does not originate any employment or statutory relationship between the beneficiaries and the women's Institute.

2. the enjoyment of the scholarship will be incompatible with any other subsidy, aid, income or resource for the same purpose, from any Governments or entities public or private, national, EU or international organizations, and with any other remunerated activity coincides with the timetable of the enjoyment of the scholarship.
3. also be incompatible with unemployment benefits, which, in his case, people must renounce expressly awarding of scholarship in the ten days following the notification of award.

Article 7. Applications.

1. the request, addressed to the Director General of the Institute of women, formalized in the model indicated in the resolution's call, shall be submitted within the period of 15 working days following the publication of this resolution in the Official Gazette, in the General registry of the Institute of women, or by any of the means set out in article 38.4 of law 30/1992 26 November, legal regime of public administrations and common administrative procedure. You will only accept one application per applicant, who should correspond, in his case, to a maximum of three of the scholarships are inviting, indicating the order of preference of the chosen seats.

2 requests must be accompanied by the following original documents, photocopies or, copy, which has the character of authentic, according to the legislation in force: to) permission to the Institute of women in the own request so that this check their data using the data verification system of identity, as set forth in the Royal Decree 522/2006, 28 April , or in his case, photocopy of national identity card, passport or residence and/or work permit document.

(b) a copy of the academic title demanded in respective resolution call for various scholarships or, where applicable, proof of payment of the rights for his expedition.
(c) academic qualifications obtained and the media of record certification.
d) Curriculum Vitae, with a maximum length of three sheets, accompanied by documents showing the alleged merits.
(e) accreditation of being unemployed or in improvement of employment application.
(f) consent of the applicant, which shall be recorded in the own request, so that this body check, through the system of residence data verification, data from his home, in accordance with Royal Decree 523/2006 of 28 April, or, failing that, a certificate of registration.
(g) memory, with a maximum length of a sheet, explaining the personal interest to access the chosen scholarship.
(h) affidavit of not having enjoyed in advance of other scholarships from the Institute for women.

(i) statement responsible that the applicant is not involved in any of the prohibitions for status of beneficiary of the subsidy established article 13 of the General Law of subsidies. The applicants of grants that awarded them, are finally before dictate the motion for a resolution, must prove this fact in the way and means provided for in article 13.7 of the aforementioned Act, except in the case of tax obligations and Social Security, in which case the filing of the application involves the authorization of the applicant to get the awarding body directly, the accreditation of compliance with tax obligations and with the Social Security, through telematic certificates or, if the applicant refuses his consent, the presentation by the applicant of a certification attesting compliance with these obligations.

3. If the documentation provided was incomplete or submit correctable errors, it will require the applicant to that within a maximum of ten working days, remedy the lack or accompanying documents, with warning that if he did not, you will be in rejected his request, in accordance with the provisions of the articles 71.1 of the law 30/1992 of 26 November Legal regime of public administrations and common administrative procedure, prior resolution which shall be dictated in the terms provided for in article 42 of the same.

4. without prejudice to the foregoing, in any stage of the procedure, may urge the applicant to make it complete omitted formality, in accordance with the provisions of article 76 of the LRJAP-PAC, or any other requirement to that effect by granting a period of 10 working days from the day following the notification, with express warning that not to do so, may declare you decayed in its right to the corresponding process. The performance of the applicant shall be allowed and will produce its effects legal, if it occurs before or on the day that is notified of the resolution that is in elapsed time.

Article 8. Instruction, assessment and resolution bodies.

1. the statement of the procedure for awarding scholarships is the General Secretary of the Institute of women.

2. a Commission of appraisal, which will be considered College referred to in article 22.1 of the General subsidies Act, composed of a minimum of four people, one of whom shall act as President, will issue the assessment report that referred to in paragraph 4 of article 24 of law 38/2003 of 17 November General grant. Call resolution will determine the specific composition of the organ expressed. In addition will be part of the College a person who will act as Secretary, with voice but without vote.
With regard to its functioning, this Commission will be adjusted to the provisions of chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
3. the organ instructor, in view of the record and of the report of the College, shall formulate resolution provisional, duly motivated, in which consists the ratio of applicants for those who intends to the grant, evaluation and the criteria followed to formulate it. In the report of the body instructor shall be information that work in its power, indicates that beneficiaries meet all the requirements for access to scholarships.
4 you can dispense with the procedure of hearing when they do not appear in the procedure or are taken into account other facts or other allegations and evidence that the adduced by the persons concerned. In this case, formulated resolution will have definitive character and will rise to the Director-General, responsible for giving the rulings that apply in each call.

Article 9. Assessment criteria.

1 selection must be valuing the following aspects: to) the academic record. It will take into account the average academic record score up to a maximum of 3 points.

(b) the specific training required in the respective announcement, up to a maximum of 4 points.
(c) languages, at the level that is required for each scholarship, up to a maximum of 3 points. (The level of language required in the relevant invitation to participate will undergo verification tests to be carried out between those preset depending on the score obtained in paragraphs a) and b). The applicants of foreign nationality undergo is, moreover, a Spanish test, requiring a high level of both spoken and written language.

2. for each offered plaza will be a preselection of seekers, calling for an interview to persons appearing in the top ten positions. The interview will be valued to a maximum of 4 points.

3. the merits that are not duly accredited, certified, or original documents not can be measured.

Article 10. Resolution.

1. the Director-General of the Institute of women, upon control of the records, will issue resolution motivated within the period of fifteen days from the date of lifting of the motion for a resolution, awarding scholarships to their owners and approving, in addition, the relationship of candidates who, following the order of score and up to a maximum of ten for each scholarship they will replace regular people in the case that leave to which they were awarded him.

2. the resolution will dictate and be notified within a maximum period of six months, counted from the date of publication of the corresponding resolution of the call, and will put an end to the administrative procedure, and may brought against the same optional replacement appeal before the Director General of the Institute of women, within the period of one month, counting from the day following the notification of the decision , either be directly challenged before the contentious-administrative jurisdictional order, in the form and time limits laid down in the law governing that jurisdiction.
3. exceptionally, it may agree is an enlargement of the referred deadline of resolution and notification, in the terms and with the limitations set out in article 42.6 LRJAP-CAP, communicating the agreement the applicants.
4. the resolution of award will be published in the Official Gazette and will be notified individually to persons awarded pursuant to article 59.1. of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure. Also published in bulletin boards of the women's Institute and the website www.mtas.es/mujer, the list of the names and surnames of persons benefiting and alternates selected.
5 after the deadline without having notified the resolution, seekers have to understand your request rejected by administrative silence, as it points out the article 25.5 of the General Law of grants.
6. persons awarded shall be communicated in writing to the address of the Institute of women acceptance or waiver granted scholarship, within the period of ten days from the date of receipt of the notification. Once this period has elapsed without having submitted the letter of acceptance means that they resign and be appointed as beneficiary the person appearing in the first place as an alternate.

Article 11: Amendment of resolution.

In accordance with the provisions of article 19.4 of law 38/2003 of 17 November, General grants, any alteration of the conditions taken into account for the granting of the scholarship, and in any case, concurrent obtaining other grants, aid, income or resources for the same purpose, of any Government or public or private entities national, EU or international organizations may give rise to the amendment of the resolution of the concession with the effects provided for in article 13 of the present order.

Article 12. Rights and obligations of the beneficiaries.

1 the recipients of the grants covered by this order shall have the following rights: to) enjoy an insurance policy of illness and accidental injuries during the period of the grant, unless there are personal circumstances that preclude the subscription of the same.

(b) with the aim of facilitating its formation process, will have advice, guidance and direction of a tutor or guardian, which will define the tasks that will make and training must receive.
(c) at the end of the grant period, the Director General of the Institute of women extend scholarship people a certificate which shall be credited the theoretical and practical knowledge.

2 also, and in addition to complying with the obligations set out in article 14 of law 38/2003 of 17 November, General of grants that might be applicable in the present case, the recipients of the scholarships are required: to) join the women's Institute in within 10 days from the acceptance of the scholarship.

(b) comply with the rules of operation of the Institute and be available on the date indicated in the resolution for the award.

(c) carry out diligently activities entrusted to him during the six hours a day from Monday to Friday which are fixed in each case as a day of presence in the Centre.
(d) observe greater discretion in issues, facts, and information that has knowledge on the occasion of the enjoyment of the scholarship.
(e) the Court of Auditors provide information that is required.
f) provide information on their employment situation at the request of the women's Institute after six months have elapsed since the completion of the training period.
(g) to communicate the obtaining of subsidies or grants for the same purpose.

Article 13. Reinstatement.

1. the breach of the obligations outlined above may give rise to the revocation of the scholarship, and that, where appropriate, to the repayment of the amounts effectively paid, in accordance with provisions in the first chapter of the second title of law 38/2003, General grants, without prejudice to the responsibilities that are required.

2. Likewise, will lead to reinstate the fact a person incurs in any of the circumstances listed in article 37 of the General Law of subsidies.
3. in the event of revocation of the scholarship the General Director of the Institute of women agreed, in view of the attendant circumstances and responding to the criterion of proportionality, whether total or partial refund of the perceived amounts plus interest on arrears corresponding or only cancellation of outstanding tickets. In any case, the ranking provided for in article 17.3. n) the General subsidies Act occur depending on voluntary breach and in the volume and importance of the same. For the reinstatement of perceived quantities it will be to the provisions of article 42 of law 38/2003 of 17 November, General grant.

Article 14. Suspension of the grant.

1. in the event of childbirth, adoption or foster care, pre-adoptive and permanent of children six years or children are older than six years in the case of minor disabled or by circumstances and personal experiences or come from abroad, have special social and family integration difficulties duly accredited by the competent social services , and at the request of the person concerned, the General Directorate of the Institute of women shall authorize the temporary discontinuance of the grant period, to enable persons awarded their physical recovery and care to their family responsibilities.

2. this interruption, in the case of enjoyment of maternity leave, may not exceed 16 weeks or, in any case, the most established in the labour legislation; in the event of childbirth the suspension period will be distributed at the option of the applicant, provided that six weeks immediately after childbirth. In the case of enjoyment of paternity leave will be for a period not exceeding thirteen days, expandable, in the event of childbirth, adoption or multiple placement in two days for each child from the second. While it lasts the situation the person concerned will continue earning and receiving the amount of granted scholarship and the interrupted period shall be recoverable in any case.
3. the Directorate-General of the Institute of women may, where appropriate, authorise the temporary interruption of the period of grant when it is motivated by situations of illness or accident, duly accredited, make it impossible to perform transition mode committed training activity. Outages for these causes may not exceed altogether four months during the period of duration of the scholarship. During the period of permanence in this situation the person concerned may opt to receive the prize money or extend the period of grant, in which case, the interrupted period, you will not receive the funding.
4 after an authorized period of temporary suspension, scholarship recipient person should return to training activities; otherwise, the scholarship shall be declared extinguished by General Directora Resolución.

Article 15. Resignation.

Waivers or casualties that occur between people scholarship must be reported by the interested to the Directorate-General of the Institute of women, wherever possible, with fifteen days in advance and may be substituted for candidates / os from the list of alternates. The period of enjoyment of the scholarship, in case of replacement, will be 12 months from the date of incorporation, notwithstanding that the corresponding extension to complete the 24 months, in the terms established in the fourth article of this order can be granted.

First final provision. Suppletive law.

In matters not provided in this order, apply supplementary provisions in law 38/2003 of 17 November, General grant, in the Royal Decree 887/2006, of 21 July, which approves the regulation of the law 38/2003, 17 November, General grant, and the law 30/1992, of 26 November Legal regime of public administrations and common administrative procedure.

Second final provision. Faculty of development.

The General Director of the Institute of women may, where necessary, issue instructions for proper implementation of the provisions of this Ministerial order.

Third final provision. Entry into force.

This order shall enter into force the day following its publication in the official bulletin of the State.

Madrid, December 27, 2007-the Minister of labour and Social Affairs Jesus Caldera Sanchez-capitan.