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Order Tas/2388/2007 Of 2 August, By Which Is Partially Developed The Royal Decree 395/2007, Of 23 March, Which Regulates The Subsystem Of Vocational Training For Employment, Offer Training And Establish The Ba...

Original Language Title: ORDEN TAS/2388/2007, de 2 de agosto, por la que se desarrolla parcialmente el Real Decreto 395/2007, de 23 de marzo, por el que se regula el subsistema de formación profesional para el empleo, en materia de formación de oferta y se establecen las ba...

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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. Until the development of Royal Decree 395/2007 of 23 March 2007 in the field of supply training is completed, this order limits its scope to the training developed in the field of management of the General Administration of the State, being of application to the formation of offer in the field of management of the Autonomous Communities the previous regulations according to the transitional provision first of the said Royal Decree. Therefore, this order develops, for the management of the General Administration of the State, such formation of offer from a first and ambitious objective, according to the Royal Decree cited, the one to integrate and give a treatment This is the only way to achieve the objective of the single market, which is to be seen in the light of the current situation in the European Union. This integration must encourage workers to be eligible for an effective recognition of the training they receive in line with the provisions of the Organic Law of 19 June, of the Qualifications and Vocational Training and of Vocational Training. the Royal Decrees that develop it. In addition, this order regulates the bases to govern the granting of public subsidies to finance the formation of the offer by the General Administration of the State, through the Public Service of State Employment. 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 primarily to the employed or primarily to the unemployed, in accordance with the own distinction established in the Royal Decree 395/2007 of 23 March. 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. Troops and marineria professionals who maintain a temporary employment relationship with the Armed Forces. It also contains the regulation of those training actions which are programmed to include procurement commitments. In addition, the text is incorporated into a regulation of the implementation of occupational non-employment practices, as well as of the grants and grants awarded to unemployed workers, covering 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 carers of persons in a situation of dependency, in accordance with Royal Decree 615/2007 of 11 May, which regulates the social security of such a group, with the aim of to consolidate and promote this area of priority attention for public authorities. The State Administration, through the State Employment Public Service, is responsible for the development of what is planned in this order through the calls for grants that it publishes. This order, as soon as it establishes the regulatory basis for the granting of the grants through which the different modalities of the formation of offer are financed in the field of management of the General Administration of the State, regulates all those aspects that both the Law 38/2003, 17 November, General of Grants, and the Royal Decree 887/2006, of July 21, for which the regulation that develops the Law is approved, establish that it has to Order with these characters. In this sense, all potential beneficiaries of the grants awarded are included, among which the various employers ' and trade union organisations with greater representativeness in the sector as well as industry are included. In the case of the social economy and the training of the self-employed, the sector is intersectoral. In coherence with the integral treatment of the training of the offer, the order regulates the file of the formative specialties, previewed in the Royal Decree 395/2007 that is structured according to the professional families established in the Royal Decree 1128/2003, of 5 September, for which the National Catalogue of Professional Qualifications is regulated. This file will incorporate both actions related to the Catalogue and those that are not linked to it and provides for the accreditation of the training that is directed to obtaining certificates of professionalism. Finally, the order provides for a set of measures with regard to the quality and assessment of training, as well as the monitoring and control of training. This order is given in partial development of Royal Decree 395/2007 of 23 March 2007 regulating the vocational training subsystem for employment, in which the second final provision is made available to the Minister for Labour and Social Affairs. dictate how many rules are necessary for their development and implementation. In its virtue, the business and trade union organizations present in the Tripartite Commission for Continuing Training have been consulted, and the prior report of the State's Attorney in the Department, as well as that of the Delegation's Delegate State General Intervention in the State Employment Public Service, 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) vocational training and encouraging workers to be eligible for effective recognition of the training they receive. 2. This ministerial order shall apply to the formation of the offer to be developed in the field of management of the General Administration of the State.

Article 2. Modes of subsidised offer training.

1. The arrangements for the training of offer financed by public grants, granted under this order, are as follows: (a) training schemes aimed primarily at the employed, regulated in the Section 2 of Chapter II of this order.

(b) The training actions aimed primarily at the unemployed workers, 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 29 of that order. d) Professional training for the use of persons in situations of deprivation of liberty and of professional soldiers of troops and marineria who maintain a temporary employment relationship with the Armed Forces, regulated in the Article 30. (e) the programming of training actions which include recruitment commitments aimed primarily at the unemployed, as provided for in Article 28.

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, as provided for in Chapter III of this order.

Article 3. Arrangements for the granting of subsidies and incompatibilities.

1. They shall be granted on a competitive basis by means of a call by the State Employment Public Service in accordance with the bases laid down in this order, public subsidies to finance the implementation of the the development of the offer training referred to in points (a), (b) and (c) of Article 2.1 of this order.

2. They will be granted directly, in accordance with the procedure laid down in Royal Decree 357/2006 of 24 March, governing the direct award of certain grants in the fields of employment and occupational vocational training, grants to finance the training of professional military personnel of troops and mariners referred to in point (d) of Article 2.1 of this order and the mode of development of the offer training referred to in the letter (e) of that Article. This procedure shall also apply to the direct award of compensation, aid and grants referred to in Article 2.2 of this order. In respect of grants to finance the training of persons in a situation of deprivation of liberty, the direct grant under Article 22.2.a) of Law 38/2003 of 17 November 2006 shall apply. General of Grants. 3. The grants provided for in this order will be incompatible with any other subsidy financed by the subsidised activities.

Article 4. Beneficiaries of the grants.

1. They may be beneficiaries of grants for the financing of training schemes aimed primarily at workers employed by the most representative and representative employers 'and employers' organisations in the Member States. in the sector, at the State level, as well as the joint entities established or covered by the State collective bargaining agreement, as referred to in Article 24 (2) and (3) of Royal Decree 395/2007 of 23 March 2007.

In addition, they will be eligible for grants for the implementation of cross-sectoral training plans for training specifically aimed at workers and partners in the social economy, provided they provide economic activity, confederations and federations of cooperatives and/or labour companies and representative organisations of the social economy of a cross-sectoral nature, all of them with sufficient implementation at the state level. With regard to grants for the implementation of cross-sectoral training plans for training specifically aimed at the collective of self-employed persons, representative associations of autonomous character may be eligible. (a) cross-sectoral, which have sufficient implementation at the State level, as well as the organisations referred to in Article 21.5 of Law No 20/2007 of 11 July, of the Statute for autonomous work with representativeness in that field. The calls, within the framework of the applicable rules, shall lay down the conditions and form of accreditation as provided for in the preceding paragraphs. 2. In territorial areas which have not taken over responsibility for the management of occupational vocational training, they may be eligible for grants for training actions aimed primarily at unemployed workers, state-level employers 'and employers' organisations, centres and entities referred to in Article 9.1 of Royal Decree 395/2007 of 23 March 2007. Where training actions include commitments to procurement, grants may be awarded to undertakings, their associations or other entities which subscribe to the said commitment to procurement. Also, companies that facilitate the performance of professional non-working practices in the management field of the General Administration of the State may be beneficiaries of the economic compensation provided for in Article 31. 3. Unemployed workers participating in the training measures provided for in Royal Decree 395/2007 of 23 March 2007 and in this order may be eligible for grants and grants in accordance with the terms set out in Chapter III. 4. They may be beneficiaries of grants for specific programmes developed in the management field of the General Administration of the State for the training of persons with special training needs or who have difficulties for their insertion or professional qualification, the entities to be determined in the regulatory regulations of those programmes in accordance with 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 promoted in the terms established in the said regulations. training or occupational 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 of and on behalf of the (a) may also be considered to be beneficiaries. 6. Groups formed by the organisations or entities referred to in paragraph 1 of this Article or between them with entities linked to the same as those which are between their purposes may also be eligible. of training activities. A single representative or proxy of the grouping shall be appointed with sufficient powers to fulfil the obligations which, as a beneficiary, correspond to the grouping. 7. They may not obtain the status of beneficiaries of the subsidies regulated in this order by the entities in which one of the circumstances referred to in Article 13 of Law 38/2003, of 17 November, General of Grants, is present.

Article 5. 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 the obligations of the beneficiaries: (a) to carry out the activity which bases the grant of the grant, in accordance with the formal and material conditions and requirements of this order and those set out in the calls, as well as the conditions of approval which have been used as a basis for determining the technical assessment and the grant to be granted.

(b) Submit to the verification, monitoring and control measures to be carried out by the control bodies referred to in Article 38 of Royal Decree 395/2007 of 23 March 2007. (c) Carry out the information and documentation required during the procedure of the procedure, the execution of the training and the justification of the grant, as well as having at the disposal of the competent control bodies the documents proof of the workers ' assistance to the training measures. (d) Guarantee the free provision of training measures for participants in the training of subsidised training. (e) Haber made or, where appropriate, guaranteed the refunds of quantities granted and paid in previous calls and whose repayment has been required by means of a complaint prior to the executive route or by means of a decision of origin drawback, unless the suspension of the act has occurred. (f) Dispose of accounting records, completed records and other documents duly audited in the terms required by the commercial and sectoral legislation applicable to the beneficiary in each case, with the separate account identification or (a) specific heading of all revenue and expenditure for the implementation of the subsidised training, with the common reference to all of them 'training for employment'. (g) To grant the grant of the grant of the grant and to pay the same as the current in the performance of its tax and social security obligations in the form of the grant. to be determined in the calls, without prejudice to the provisions of Article 22 (4) of Royal Decree 887/2006, of 21 July, approving the Regulation of Law 38/2003 of 17 November, General of Grants. (h) to record, in the terms of the calls, the public nature of the financing of the activity supported 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. (i) to issue to the competent body a communication initiating the training to be carried out, including any subsequent amendment, and, where appropriate, the communication of completion, in accordance with the content, time limits and procedure to which it applies; 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 causes, duly justified and communicated at the time they occur. (j) comply with the other obligations laid down in Article 14 of Law 38/2003 of 17 November, General of Grants, as expressly not provided for in this article.

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

Article 6. Recipients of the training.

1. They may participate in the forms of training provided for in this order, and in the terms and conditions laid down therein, employed and unemployed workers in the proportion which the State Employment Public Service determines in the calls, considering the proposals put forward by the National Employment System participation body provided for in Article 33.3 of Royal Decree 395/2007 of 23 March 2007.

In the training plans aimed primarily at the employed workers, the participation of these workers will be at least 60 percent of the total number of trained workers. In the training measures aimed primarily at unemployed workers, the participation of unemployed workers must be at least as high as that percentage. The State Employment Public Service may establish, within the limits set out above, different percentages of participation. To this end, consideration as employed or unemployed workers will be determined by the employment situation which they prove at the beginning of the training. 2. Pursuant to Article 5.1.b) of Royal Decree 395/2007 of 23 March 2007, as amended by the final provision of the third Royal Decree 615/2007 of 11 May on the social security of carers of persons in the (a) a situation of dependency, non-professional carers may be involved in the training of a sectoral reference offer in the fields of care services for dependent persons and the development of the promotion of personal autonomy; centres and services for people with disabilities, action and social intervention and health. 3. In training schemes aimed primarily at employed workers who are of a cross-sectoral nature, workers from public administrations may participate, provided that they do not exceed 10% of the total each plan.

Article 7. 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 priorities both within the framework of the European Employment Strategy and the National System. The European Union is a member of the European Union. This training shall be given priority in the assessment of applications and may be carried out within a specific training action or in a separate manner in the terms of the calls. The calls shall also define the priority areas referred to in the preceding paragraph. In any case, priority areas are those relating to information and communication technologies, the prevention of occupational risks, awareness-raising in the environment, the promotion of equality and career guidance.

Article 8. Training actions.

1. For the purposes of this standard, it is understood by training action that it is aimed at acquiring and improving professional skills and qualifications, and can be structured in several training modules with objectives, content and own duration. In any case, the training offer aimed at obtaining the certificates of professionalism will be modular.

The development and delivery of the training actions will be carried out in accordance with the regulation contained in Articles 7 and 8 of Royal Decree 395/2007 of 23 March 2007. 2. The General Administration of the State shall ensure, through the institutions empowered to do so, and in particular through the integrated vocational training centres, that the training offer includes training for the certificates of professionalism which it determines taking into account the training needs demanded by undertakings and employees.

Article 9. File of training specialties.

1. The file of training courses 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 incorporate the repertoire of certificates of professionalism, as well as other specialties not linked to the National Catalogue of Professional Qualifications as provided for in this section. The training courses linked to the National Catalogue of Professional Qualifications will have the duration established for each certificate of professionalism. 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. Training courses not linked to the National Catalogue of Professional Qualifications will have a suitable duration for their purpose, depending on the contents, the target group, the mode of delivery and other criteria. objectives. The minimum information for each of the specialties provided for in the file will include the code, denomination, duration, mode of impartition and economic module, as well as the normative reference in the case of the treatment of training specialties aimed at obtaining certificates of professionalism. 3. It is the responsibility of the State Employment Public Service to develop and maintain the file of training specialties permanently. The high and the changes to be made to it shall be carried out on an ex officio basis or at the request of the Autonomous Communities accompanied by a reasoned report on the training needs in relation to the labour market and the labour market. 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. The effectiveness of the casualties will only affect the calls and programmes that are approved after the date on which they are produced. It shall also be made ex officio, after validation by the Public Service of State Employment, the inclusion in the file of those specialties which are not incorporated in it are included in the framework of the contracts for the training, the (a) programmes which include commitments for recruitment and agreements for the implementation of training plans.

Article 10. 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.

2. Where the training is not intended to obtain certificates of professionalism, the certificate or diploma referred to in Article 11 (2) of the Royal Decree, in which at least it shall be stated, 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 calls.

CHAPTER II

Offer Training Development Modes

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

Article 11. Initiation of the concession procedure. Call.

1. The procedure for granting public grants to finance the implementation of the arrangements for the provision of training referred to in Article 3.1 shall be initiated on its own initiative by a public call made by the Director-General. of the Public Service of State Employment, which will be published in the Official Gazette of the State.

2. The call will be made in accordance with the regulatory bases established in this order and with the content indicated in article 23.2 of Law 38/2003, of 17 November, General of Grants. 3. The collegiate body provided for in Article 22.1 of Law 38/2003 of 17 November, General of Grants shall have the same composition as the Standing Committee of the Board of Trustees of the Tripartite Foundation for Training in Employment, or the the Provincial Executive Committee of the State Employment Public Service in the case provided for in the second subparagraph of Article 24 (1) (a) of that order. 4. Exceptionally, in accordance with Article 22.1 of Law 38/2003 of 17 November, General of Grants, where the concurrent circumstances so advise, the calls may provide for the apportionment of the amount the maximum overall amount for grants to beneficiaries. The calls may provide for the terms in which the non-payment of the budget credit not applied by the grant of any of the beneficiaries can be used by the granting body to agree, without the need for a new call, the grant of the grant to the applicant or applicants following that in order of their score.

Article 12. Applications.

Grant applications will be directed to the Director General of the State Employment Public Service.

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

Article 13. Instruction in 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 made.

Once the applications have been evaluated, the collegiate body provided for in Article 22.1 of Law 38/2003 of 17 November, General of Grants, will issue a report in which the result of the evaluation will be completed. 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. Calls may provide for a maximum period of 10 days for the parties concerned to submit their acceptance to the proposal for a final decision on the terms which they lay down. 2. Where the amount of the grant of the provisional motion for a resolution is less than that 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, of November 17, General of Grants.

Article 14. Determination of the subsidy.

1. Training actions shall be the subject of a grant by means of student/hour training, established in the form of face-to-face mode, conventional distance, tele-training or mixed, with the amounts listed in Annex I.

The maximum amount of subsidy to be awarded for each course will be given in the product of the number of hours of the same by the number of students and by the amount of the corresponding module. 2. 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 of their learning along the same lines. If there have been dropouts of pupils after the actions have been initiated, deviations per share of up to 15% of the number of participants who have started them will be admitted. In addition to the provisions of the previous paragraph, it will be considered that the unemployed workers who have to leave the course for finding employment will be considered to have completed the course.

Article 15. Resolution.

In view of the proposed final resolution, the Director General of the State Employment Public Service will resolve the procedure.

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 that period has elapsed without any express resolution, the request may be deemed to be rejected. The grant resolution shall 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 provided for in Section 2 of Chapter II, the Convention and the relevant training plan.

Article 16. Amendment of the resolution.

1. 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 must be sufficiently substantiated and made immediately, in any event, before the end of the period for the implementation of the subsidised activity.

The requests for modification shall be submitted to the competent authority for the instruction of the concession procedure, subject to the report of the Collegiate Authority provided for in Article 11.3 of this order and shall be resolved by the Director General State Employment Public Service. In any event, the amendment may be authorised only if it does not damage third party rights. 2. In the case of changes affecting the number of participants to be formed or the mode of delivery of the training to be carried out, they may be authorised provided that the criteria of priority laid down are not altered. (a) provide a minorization of the technical assessment in respect of which it would have been obtained if they were taken into account in the initial application.

Article 17. Payment of the subsidy.

1. The payment of the subsidy will be conditional on the beneficiary entities establishing, as provided for in Article 5 (h) of this order, that they are aware of their tax obligations and the social security. The grant may not be paid where the institution 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 for in the calls. 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, General Grants.

Section 2. of the training plans, state-wide, aimed primarily at the employed workers

Article 18. Types and content of training plans.

1. The training plans, which are state-wide, primarily aimed at the employed 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 to satisfy specific training needs of the same. Specific actions planned in this type of plan may also be directed towards the recycling and retraining of workers from sectors in crisis situations. 2. Training plans shall contain at least the following information:

a) Scope of the plan.

b) Objectives and content. (c) the training measures to be developed, indicating, where appropriate, those linked to the National Qualifications Catalogue. (d) Collective recipients, broken down by the priority groups to determine the calls. (e) The planned cost of training actions. (f) Facilities and means envisaged for the provision of training actions.

3. The duration of the training plans may be annual or multi-annual depending on what they establish in this respect.

4. In the case of training schemes aimed primarily at the employed, the workers employed and workers registered as unemployed or agricultural workers at the employment office at the beginning of the course shall be eligible for training. in accordance with the provisions of Article 6 of this order. In order to participate in the training actions, the workers shall complete the application which shall be annexed to the calls. The beneficiaries of the grants will resolve the participation of applicants for training with objective criteria.

Article 19. Conventions for the implementation of 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 organisations or the beneficiaries referred to in Article 4.1 and the Director-General of the State Employment Public Service.

2. The duration of the agreements may be annual or multiannual, depending on the duration of the training plans for which they are to be implemented. In respect of agreements for a multi-annual training plan, the grant corresponding to the annuity or annuities following the subscription of the agreement shall be conditional on the existence of adequate and adequate credit. in the budget of the respective economic year in accordance with the provisions of Article 47 of the General Budget Law, to the maintenance of the circumstances justifying the approval of a multiannual training plan and to the prior certification by the beneficiary of having applied the funds received in the previous annuity, in the terms and deadlines set out in the calls. 3. Conventions shall have at least the following content:

a. Beneficiary entities that subscribe to the agreement, with an indication of the members associated with them when they have them.

b. Purpose and scope of the Convention. c. Applicable rules. d. Requirements of the training plan, describing its technical and formal aspects. e. Financing. f. Commitments and, where appropriate, amounts to be managed by each of the beneficiaries. g. Subcontracted entities which cooperate in the implementation of the subsidised activity, indicating, where appropriate, those linked to the beneficiaries, without prejudice to those which may be incorporated during the implementation of the training plan. h. Joint Monitoring Committee, specifying its functions, composition, number of members and its operating system. i. Causes of resolution and effects. j. Validity and denunciation of the agreement, indicating the assumptions, formalities and deadlines for this.

Article 20. Criteria for the assessment of applications.

The assessment of applications will be carried out in accordance with the methodology approved by the State Employment Public Service, which will take into account at least the following criteria: a) from the training plan to the needs of the sector or sector to which it is addressed, on the basis of the indicative criteria and the general priorities set out in the framework of the state sector collective bargaining as provided for in the Article 35 (1) (c) of Royal Decree 395/2007 of 23 March 2007.

(b) Accredited capacity of the requesting entity to develop the plan submitted, by virtue of past experiences and the personal and material resources of its own or others made available to the execution of the plan. (c) Technical aspects related to the training actions that integrate the plan: objectives, contents, facilities, didactic and material means, mechanisms for monitoring, evaluation and control of learning, and certification of the realization of the training actions. (d) the degree of implementation and compliance with the conditions under which the grants received, where appropriate, by the applicant in previous calls, were granted.

The weighting given to each of these criteria will be established in the calls. Training plans that exceed the technical assessment score to be established for each type of plan shall be eligible.

Article 21. Criteria for the quantification of the subsidy.

1. For cross-sectoral training plans, the grant to be awarded shall be calculated in accordance with the methodology established by the State Employment Public Service, taking into account the budget established for each mode of plan in the calls, the organisations or entities involved, the plan to be developed to be agreed between the granting body and each of the applicant entities taking into account their assessment, the maximum economic modules set out in the Annex I of this order and the volume of activity co-financed by the European Social Fund.

2. In the case of sectoral training schemes, the amount of the subsidy shall be calculated in accordance with the methodology established by the State Employment Public Service, taking into account at least the following criteria: budget allocated to finance such plans, the valuation obtained by each plan, the maximum economic modules set out in Annex I of this order and the volume of the training activity co-financed by the European Social Fund.

Article 22. Implementation of the training plans.

1. The grant awarded shall be of a maximum amount and shall be allocated to the implementation of the training measures contained in the training plan. In any event, during the implementation of the training plan, it shall not be possible to include non-approved training actions, or to modify the duration or modality of such actions, except in the cases provided for in Article 16.

2. The beneficiary institution may subcontract in full, for a single time and in the terms laid down in this order, the performance of the training activity. The beneficiary may agree with the related entities referred to in Article 68.2 of the Royal Decree 887/2006 of 21 July, approving the Regulation of Law 38/2003 of 17 November, General of Grants total or partial of the training plan, provided that the following conditions are met:

(a) That the procurement is performed in accordance with normal market conditions.

(b) The prior authorisation of the Director General of the State Employment Public Service is obtained, either expressly in the agreement itself concluded for the implementation of the training plan or by subsequent resolution, issued within 15 days of the application for the authorisation. The authorisation shall be deemed to have been granted if the term of office of the Director-General of the said organ is not delivered.

Under no circumstances will it be possible to subcontract with third parties that, by increasing the cost of the activity, do not add value to the content of the activity.

3. Where the concerted activity with third parties exceeds 20% of the amount of the subsidy and the amount exceeds EUR 60 000, the conclusion of the relevant contract must be formalised by written document and authorised the Director-General of the State Employment Service, either expressly in the agreement signed for the implementation of the training plan or by a later decision, issued within 15 days from the date of the application of the authorisation. The authorisation shall be deemed to have been granted when the said organ is not delivered. Under no circumstances may a contract be split in order to reduce the amount of the contract and to avoid compliance with this requirement. 4. For the purposes of Article 31.3 of Law 38/2003 of 17 November, General of Grants, the beneficiary shall be deemed to have complied with the provisions laid down in the case where he reasoned in a reasoned manner that the choice of the supplier is the criteria for efficiency 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 2006 for the improvement of growth and employment. 5. The beneficiary must have own resources for the programming and coordination functions of the training plan, assuming, in any event, responsibility for the implementation of the activity supported by the public administration, to ensure, as well as the subcontractor, the satisfactory development of the functions of the monitoring and control bodies. 6. 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 the workers who so wish to exercise their right to training. 7. The beneficiary shall forward to the competent body the communications relating to the commencement and, where appropriate, completion of the training provided for in Article 5 (j) of this order. Such communications shall reflect the employment situation, occupied or unemployed, which the workers credit at the beginning of the training.

Article 23. Eligible expenditure and 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 must take into account the provisions of Article 31 of Law 38/2003 of 17 November, General of Grants, as well as the eligible costs and the imputation criteria laid down in the II of this order.

2. No later than two months after the completion of the training plan, the beneficiary shall submit to the body determining the calls and in accordance with the standard instructions and forms to be established for the purpose in which they:

(a) The supporting documentation of the completion of the training plan, with the specification of each training action taken from which it 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, of 21 July, for which the Regulation of the General Law of Grants is approved. If the supporting account is to take the form provided for in Subsection 1 of Section 2. 'supporting account with supporting expenditure', the calls may provide for the stamp of the original 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, if any.

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 submit the justification on the basis of this new period shall lead to the loss of the right to recovery of the subsidy or to the initiation of the refund procedure provided for in Article 40.

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 10 days of being subsated. 3. Where the training activities have been financed, in addition to the grant, with own funds or other resources, the amount, provenance and application of such funds shall be credited to the subsidised activities. 4. The beneficiary of the grant shall be obliged to keep, for a period of four years, unless the calls for a deadline are different, 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 elapsed, 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 corresponding technical-economic verification. If, as a result of such verification, the eligible cost has been lower than the subsidy granted or that the conditions laid down in the applicable rules for the justification of the aid have been, in whole or in part, not fulfilled. The Commission will be able to inform the interested party of the results of the technical and economic verification and the procedure for declaring the loss of the right to recovery will be initiated. grant or, where appropriate, the total or partial refund procedure for the subsidy provided for in the Article 40.

Section 3 of the State-wide training actions aimed primarily at unemployed workers

Article 24. Types of training actions.

1. The following training actions are to be eligible, in the State field, primarily aimed at unemployed workers: (a) Training measures provided for in Article 25 of Royal Decree 395/2007 of 23 March, developed in the territorial areas which have not taken over the transfer of skills on the management of occupational vocational training. The implementation of these actions shall be carried out by means of a call from the State Employment Public Service, in accordance with the second transitional provision of Law 56/2003 of 16 December 2003 on employment, on the basis of the The rules are laid down in this order.

(b) Forwarding actions which include commitments for recruitment as provided for in Article 22.1 (d) of Royal Decree 395/2007 of 23 March 2007, subsidised under the direct concession scheme as set out in the Royal Decree 357/2006, dated March 24.

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

Article 25. Application, selection and obligations of the participants.

1. Workers who take part in the training courses to be offered must, at the beginning of the course, be registered as unemployed or agricultural workers in the employment office or, in the case of employed workers, present a the corresponding application. This application may be submitted to the entities carrying out the training, who shall inform the State Employment Public Service by means of the procedure laid down by it.

2. The State Employment Public Service 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 courses included in the programming, the training needs of workers, as well as the principle of equal opportunities for both sexes. The State Employment Public Service may determine that the final selection of the workers involved in the training activities shall be carried out by those responsible for providing the training. In the event that the selected workers are unemployed recipients of benefits or unemployment benefit, the centres and entities responsible for providing the training must immediately communicate to the Public Employment Service. State, resignations, non-presentations and dropouts of courses by workers, with indication of the causes of such circumstances. 3. Workers must attend and continue to take advantage of the training courses in which they participate. It will be a cause of exclusion, which will lead to the loss of the right to receive the corresponding grants and scholarships, the loss of more than three non-justified non-attendance. In any event, you will not be entitled to receive the transport and maintenance aids that correspond to the days in which you do not attend the course. Independently of the above, the calls may provide for other causes of exclusion.

Article 26. Criteria for the assessment of applications.

The valuation of applications shall be in accordance with the methodology set out in the calls, in which the following criteria shall be taken into account: (a) Recipients of the training actions.

b) Commitment of the entities in the employment integration of workers. (c) Accredited suitability and experience of the training centres and entities where the actions will be developed. d) Maintenance and updating of facilities and equipment. e) Commitment to the implementation of professional practices in companies. f) Quality of training actions.

The weighting given to each of these criteria will be established in the calls.

Article 27. Implementation, eligible expenditure and justification of the grant.

1. It shall apply to the implementation of the training actions covered by this section as set out in Article 22 (1), (6) and (7). The implementation of such actions shall be carried out directly by the beneficiary where the beneficiary is a training centre or institution, without being able to subcontract it with third parties.

In the other cases, the provisions for subcontracting in Article 22 shall apply. 2. The State Employment Public Service may suspend a course already initiated, provided that no more than one quarter of its teaching period has elapsed, when in spite of the attempt to replace those workers who are causing low, the number of participants remaining in this course was less than half of those included in the programming. In this case, the State Employment Public Service shall pay the financial costs for the part of the training carried out to the centre or entity. In addition, the State Employment Service may proceed to the precautionary suspension of a course where anomalies are observed which have an impact on the normal development of the training action. 3. The costs arising from the implementation of the training actions shall be eligible for the concepts and in the terms set out in the second, and may include expenditure incurred in advance of the implementation of the measures. training provided that they are directly attributable to the training, as well as the preparation of the grant justification. 4. The exclusive object of the grants shall be to compensate for the costs arising from the provision of the training measures which have actually been carried out, justified and paid, according to the relationship contained in the II and according to the rules of justification to be laid down in the calls. 5. The justification of the expenditure must be made by the beneficiary, both in the vocational training courses for employment in his or her in-person mode and in his/her distance, tele-training or mixed mode, within the maximum period of two years. months since the completion of the training action, using the forms provided by the State Employment Public Service. The surrender of 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, of 21 July, approving the Regulation of the General Law on Subsidies, constitutes a binding act for the beneficiary, in which they must include, under the responsibility of the declarant, the supporting documents or any other document with validity (a) the legal basis for establishing compliance with the subject-matter of the grant. The supporting account shall include a statement of the activities carried out which have been financed with the grant and its cost, with the breakdown of each of the expenditure incurred and the allocation criteria set out in the second of this order. 6. The costs of the approved training action shall correspond to the actual costs of the receiving institution and shall be justified, once paid, with invoices and other documents of equivalent probative value, in original or certified photocopy of the The same is true, in detail enough to prove the correct application of the funds. These documents must comply with the requirements laid down in Royal Decree 1496/2003 of 28 November 2003 on the regulation governing invoicing obligations and on Royal Decree 87/2005 of 31 January 2005 amending Regulation (EC) No 1496/2003 laying down detailed rules for the from the previous. 7. In no case shall the amount of the tax on the recoverable value added, the interest on bank debtors, as well as the purchase of furniture, equipment, vehicles, infrastructure and buildings be eligible. The depreciation costs of the depreciable assets referred to in the preceding paragraph shall be eligible provided that the public aid has not contributed to the purchase of the goods, relates exclusively to the eligible period and the depreciation is calculated in accordance with generally accepted accounting standards.

Article 28. Training actions with commitment to recruitment.

1. Public subsidies for the financing of programmes of training actions which include commitments for recruitment will be granted directly, in accordance with the procedure laid down in Royal Decree 357/2006 of 24 March 2001. the direct award of certain grants in the fields of employment and occupational vocational training is regulated.

Partnership agreements or agreements that are signed with companies, their associations or other entities that acquire procurement commitments as a priority for unemployed workers will cover the scope of the the geographical and training areas in which collaboration is envisaged, as well as the procedures for the proposals for programming, the selection of workers, the management and monitoring of actions. In any case, the agreement will include the commitment in quantitative terms of the workers to be formed and will include objective mechanisms of quality control of the training provided. 2. The commitment to procurement shall be established on a percentage of the total number of trained workers, depending on the circumstances of the enterprises and the local employment market. Such a commitment may not be less than 60% of trained workers. Employment contracts which are signed as a result of the undertaking shall preferably be indefinite or at least a minimum duration of 6 months and shall be covered by the rules in force and must be submitted to the Public Employment Service. State at the time of its justification. Failure to comply with the commitment to contract shall result in the obligation for the full or partial refund of the grant received and the corresponding delay interest from the payment of the grant, in accordance with Article 40 of the order, unless they measure causes or circumstances which, as assessed by the State Public Employment Service, have prevented their compliance.

Section 4. Other modes of offering training development

Article 29. Specific programmes.

In accordance with Article 22.1 (b) of Royal Decree 395/2007 of 23 March 2007, the State Administration may establish, in its respective management field, 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 programme, and, in any case, the participation of the entities identified in the Article 4.4 of this order. Such grants shall be awarded on a competitive basis by means of a call by the State Employment Public Service in accordance with the regulatory standard for each specific programme.

Article 30. Training of the inmate population and the military personnel of troops and marineria.

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

It will be applicable to the agreements signed with the Ministry of Defense with the procedure established in Royal Decree 357/2006 of 24 March, which regulates the direct grant of certain grants in the areas of employment and occupational vocational training. In addition, in accordance with Article 22.2 (a) of Law 38/2003 of 17 November, the General Grant Scheme shall apply the direct grant scheme to the grants awarded to the Ministry of the Interior for the training of the inmate population.

CHAPTER III

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

Article 31. Professional non-working practices.

1. The unemployed workers participating in the training measures provided for in this order will be able to carry out professional practices in companies in order to achieve greater training through the real experience at work, according to the agreements to be concluded by the State Employment Public Service to manage such training actions with companies and/or training centres.

For the purposes of the foregoing paragraph, the content of the practices, duration, place and time of the practices, as well as the system of tutoring for their monitoring and evaluation shall be described. Prior to the commencement of the practices, the legal representatives of the employees in the companies will be brought to the attention of the companies mentioned above, as well as a relationship of the participants in the agreements. Practices may take place either simultaneously with the completion of the course or after completion of the course, when the course has been completed with a positive assessment, provided that no more than 30 days have elapsed since the end of the course, without in any case exceeding the duration, in hours, of the course of reference. The State Employment Public Service will promote the implementation of business practices as part of integrated training pathways for job integration. 2. Companies that facilitate the performance of these professional practices will be able to receive an economic compensation of 6 euros per pupil and hour of practice. This compensation will be granted by direct concession by the State Employment Public Service, according to the scheme established in Royal Decree 357/2006 of 24 March. The justification for the execution of the hours of practice for the purposes of the payment of the compensation will be made by the companies to the collaborating centre responsible for the training action or the State Employment Public Service, according to the terms set out in the agreement signed for that purpose. The training centres which collaborate in the implementation of the practices may receive a subsidy for the costs arising from the management and the tutoring of the practices, in accordance with the terms laid down in the agreement. 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 32, 33 and 34 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 for. The training to be carried out through the professional practices in undertakings referred to in this paragraph shall be followed in accordance with a training programme for the activities and the evaluation of the activities set out by the undertaking. Such a programme shall include observable and measurable evaluation criteria for such practices.

Article 32. Scholarships.

1. The grant provided for in this Article may be received by persons who are unemployed with disabilities who participate in the training actions covered by this order, the students of the public employment-training programmes regulated by their legislation specific and certain groups of unemployed persons participating in personalised vocational training pathways within the framework of the specific programmes provided for in Article 29 of this order. This grant will be incompatible with the receipt of the allowance or the unemployment benefit.

Disabled persons applying for such scholarships shall be required to certify their disability by certification issued by the Institute of Older and Social Services (IMSERSO) or corresponding service of the Comunidad Autónoma. 2. The grant will be set at 6.40 euros per day of assistance.

Article 33. Aid for transport, maintenance and accommodation.

1. Unemployed workers who attend the training measures provided for in this order shall be entitled to the aid of public transport, on grounds of their amount.

Where there is no means of public transport between the student's address and that of the centre or this transport is not a regular schedule which allows it to be compatible with the timetable of the course, the right to the aid may be granted Transport in own vehicle. This circumstance will be appreciated by the State Employment Public Service. In the case of unemployed workers who have to move to other countries, the transport aid shall include the amount of the ticket in the economic class of the initial and final displacements. 2. Support shall be granted when the unemployed worker is required to move more than fifty kilometres, both in the first and second leg, and provided that the classes are in the morning and in the afternoon. In the case of the extension of training to island territories, this aid will also be eligible if there is inter-island mobility, if it is estimated by the State Employment Public Service. 3. Accommodation and maintenance assistance shall be eligible where the unemployed person is required to move to one hundred or more kilometres, both in the first and second quarters, to attend the courses from the place of his domicile, except for the facilities of the existing transport network, movements can be carried out on a daily basis before and after classes. The concurrence of this last circumstance will be appreciated by the Public Service of State Employment. The actual expenditure of accommodation shall be justified by means of the lease, lodging invoice or any other supporting documentary means. 4. In the case of distance learning courses, such aid shall be collected only where the unemployed workers are required to move to face-to-face training sessions. 5. In respect of the aid referred to in the preceding paragraphs, the State Employment Service shall check the certificate of registration and/or residence of the unemployed worker. 6. The amounts of aid shall be as follows:

a. The aid in the form of transport shall be the amount of the one-way and return tickets by public transport or the corresponding transport credit if this is the most economical option.

b. The aid in respect of transport by own vehicle shall be EUR 0,19 per kilometre. c. The support for maintenance will be at a value of 12.00 euros/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 transport tickets in the economic class of the initial and final displacements. e. Unemployed workers taking part in transnational courses and/or in professional practices that develop in other countries will be entitled to the perception of an aid in accommodation and maintenance of up to 158.40 euros/day natural. They shall also receive the amount of the initial and final ticket in economic class. f. Unemployed workers who receive the aid in respect of accommodation and maintenance referred to in paragraphs (d) and (e) may receive an advance of 50% of the total amount of the aid for transport, accommodation and maintenance. The remainder shall be paid by the remainder after the completion of the action and presentation of the supporting documents relating to transport and accommodation. g. The percentage distribution of the amounts of aid covering accommodation and maintenance jointly, as provided for in paragraphs (d) and (e), is 56 per cent for accommodation and 44 per cent for maintenance.

Article 34. Aid for conciliation.

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.

2. Unemployed persons who at the beginning of the training action may be eligible for this assistance shall be eligible for:

a. Be under the age of 6 or dependent family members up to the second degree.

b. Not to have refused appropriate job offers or to refuse to take part in promotion, training or retraining activities within one month of the end of the unemployment benefit or the contributory benefit. c. Lack of income of any kind above 75 percent of the "public multiple-effect income indicator" (IPREM). In the event that the applicant does not have any income and has a spouse, children or more disabled, the requirement referred to in the preceding paragraph shall be deemed to be fulfilled provided that the sum of the income of all the members of the unit family, 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.

3. For the purpose of this aid, the unemployed worker must present: a. Certified copy of the family book or supporting documentation of the degree of kinship with the dependent family member.

b. The certificate or qualification of the dependent family member issued by the competent administrative authority (Social Services of the Councils or the Directorate-General for Social Services) or through a judicial decision. c. Accreditation of the income of all members of the family unit. d. Responsible/sworn statement issued to the administrative authority, certifying that they are not receiving other benefits.

4. The amount of the aid to the conciliation shall be 75% of the IPREM per month.

Article 35. Application and award of grants and grants.

1. The unemployed workers participating in the training measures 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. Its concession will be made directly, in accordance with the provisions of Article 25.5 of Royal Decree 395/2007 of 23 March 2007, and according to the procedure laid down in Royal Decree 357/2006 of 24 March, upon request of the student who is shall resolve within the maximum period of one month.

The beneficiary entities will collaborate in the management of these grants and grants in terms of the calls. 2. Unemployed workers may apply for grants and grants within one month of their entry into the training action, stating that they are in the case of a concession. In the case of participation in European training programmes, the application period shall start the month following the date of incorporation into the training action and end the month following the date of return of the student.

CHAPTER IV

Quality, assessment, monitoring and control

Article 36. Quality and assessment of training.

1. In accordance with Articles 16 and 17 of the Organic Law of 19 June 2002 on Qualifications and Vocational Training, and Articles 36 and 37 of Royal Decree 395/2007 of 23 March 2007, the Public Employment Service State will promote and guarantee the quality of training offers for employment and will carry out monitoring and evaluation of the training actions envisaged in this order in order to ensure their effectiveness and permanent adequacy needs of the labour market.

2. The State Employment Public Service, with the technical support of the Tripartite Foundation for Training in Employment, will assess in its respective management scope, among other aspects, the impact of training on access and maintenance. (a) the effectiveness of the system in terms of the extent of the training and the adequacy of the actions to the needs of the labour market and of the enterprises, as well as the efficiency of the labour market, as well as the efficiency of the labour market, economic resources and means used. 3. The State Employment Public Service will also promote and guarantee the implementation of systems and devices for continuous improvement of quality in the centers that deliver the training actions through the evaluation of the quality. In order to measure the quality of the Public Employment Service, the State Employment Service will set criteria and indicators according to the "quality assessment questionnaire", which will be published by the General Director of the State Employment Service. The institutions and institutions themselves shall assess the quality of the training they carry out, and inform the Public Employment Service of the results of the training. 4. The entities responsible for implementing the training plans covered by 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 37. 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, promoting the application of innovative techniques and processes.

To this end, the State Employment Public Service will establish, at the State level, an annual training plan for trainers, whose elaboration and implementation will be carried out in accordance with the provisions of the Article 36.3 of Royal Decree 395/2007 of 23 March 2007. 2. In the preparation of the abovementioned annual plan, account shall be taken of the detection of training needs and the technical-pedagogical updating of trainers, the identification of new trends in vocational training, and proposals of the National Focal Points within the framework of the Professional Family in which they operate. 3. 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 allocation, monitoring and evaluation are the National Focal Points.

Article 38. Monitoring and control plan.

1. In order to rationalise efforts and to unify criteria in the follow-up and control actions to be carried out, the State Employment Public Service will, in its respective management field, draw up a monitoring and control plan for the the offer training developed under this order, 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 39, 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 shall provide information from the annual plan to the different audit and control bodies that have such powers in the state sphere, in order to promote the integral realization of the plan. and coordinated the various monitoring and control actions to be carried out in this field. 3. The scope and content of the control to be carried out 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 39. 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 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 actuations.-The execution of the training actions supported through physical evidence shall be carried out after the completion of the training, in order to verify, inter alia, the following extremes:

Execution of the formative action.

Actual number of participants. Delivery to the participants of the diploma or certificate of training and, where appropriate, the inclusion of the emblem of the European Social Fund. Documentation supporting the training costs, accounting costs and the materialisation of the payment before the subsidy is justified, taking into account the requirements laid down by the Spanish legislation and, in its The Community's contribution to the financing of the European Social Fund. In the case of actions carried out by means of tele-training, at a conventional or mixed distance an additional check shall be carried out on the supply of material, the monitoring and testing procedures leading to the provision of programmed, as well as the verification of the teaching aids and the tutorial assistance.

3. In addition, the State Employment Public Service will 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 the this order, as well as any other actions which they consider necessary in the field of their powers.

Article 40. Non-compliances and reintegrating.

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, subject to the appropriate recovery procedure, the obligation to repay the grant or the corresponding interest for late payment 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 granted or the obligation to justify it will result in the 100 per cent refund of the subsidy granted.

Total non-compliance will also be considered to be present if the performance of the subsidised activity does not reach 50% of its objectives, measured by the indicator of number of hours of training multiplied by number of trainees.

(b) In the case of partial non-compliance: 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 paragraph is between 50% and 100% of the grant and the budget eligible for support shall be reduced by the percentage which has ceased to be fulfilled, provided that the expenditure has been duly justified.

Article 41. Infringements and sanctions.

The obligation of reimbursement as set out in Article 40 shall be without prejudice to the provisions of Title IV of Law 38/2003 of 17 November, General of Grants, in respect of Infractions and Sanctions (v) administrative measures in the field 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. 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 subscribe to the corresponding collaboration agreement in accordance with the provisions of Articles 12 et seq. of Law 38/2003 of 17 November, General of Grants.

Additional provision second. Record of conventions for the execution of training plans.

The agreements entered into for the implementation of the training plans referred to in Section 2. of Chapter II of this order shall be entered in a register which, for that purpose, shall establish the State Employment Service with the support Technical assistance of the Tripartite Foundation for Training in Employment.

Additional provision third. Implementation and updating of the amounts and economic modules provided for in this order.

The amounts relating to the economic compensation, aid and scholarships provided for in Chapter III, as well as the maximum economic amounts and modules established in the I, shall apply to approved calls and programmes. 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 fourth. Financing of training provided in own centres or by means of agreements with public entities or undertakings.

They will be financed under the Royal Decree 395/2007 of 23 March 2007, and of this order will be the training of the offer scheduled and delivered by the General Administration of the State through its own centres, planned in Article 9 (1) (a) of that royal decree, or by means of agreements with public entities or undertakings which may provide training.

Additional provision fifth. Advance payment of the subsidy.

With regard to training plans aimed primarily at the employed workers provided for in this order, the provisions of Order TAS/1622/2002 of 13 June 2002 determining the form of training will not apply. to guarantee advances for the payment of grants awarded by the State Employment Public Service.

First transient disposition. Records of training institutions and institutions.

Until such time as the Ministerial Order implementing Royal Decree 395/2007 of 23 March 2007 on the registration of training institutions and institutions will be implemented: a) For the training plans directed at the As a priority for the employed, the system applicable to vocational training continues before the entry into force of the said Royal Decree 395/2007, except as regards the training actions linked to the Catalogue National of professional qualifications, in which case the provisions of point (b) shall apply.

(b) For training actions primarily aimed at unemployed workers and other forms of supply training, the registers of the Centre's staff of the vocational training and integration plan (FIP plan).

Second transient disposition. Sector map.

In accordance with the provisions of the second transitional provision of Royal Decree 395/2007 of 23 March 2007 governing the vocational training subsystem for employment, as long as the sectoral map is not approved As regards the provision of this provision, the joint proposals which bring together several sectors must be articulated according to the classification of related sectors in the third, and the proposed proposals may be addressed to all workers. belonging to the related sectors grouped under 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 which regulates them, the Public Employment Service The State and the Sectoral Joint Committees may include in their programmes and reference plans, respectively, the training modules linked to the National Catalogue of Qualifications.

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 accrediting the training actions described in this provision, you will be subject to what is regulated by the Royal Decree of Certificates of Professionalism.

Final disposition first. Supplementary rules.

The Law 38/2003, of 17 November, General of Grants, Royal Decree 887/2006 of 21 July, approving the Implementing Regulation of the same, the Law 38/2003 of 17 November, will be applicable. Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, as amended by Law 4/1999, of 13 January, and any other provisions applicable by reason of the matter.

Final disposition second. Powers of development.

The Director-General of the State Employment Public Service is empowered to make any provisions necessary for the development and implementation of this order. The Director-General of the Social Economy, the Autonomous Labour and the European Social Fund is also empowered to lay down the provisions necessary to lay down the conditions, requirements and forms of accreditation of representativeness and implementation of the applicants for cross-sectoral plans for the social economy and for self-employed workers.

Final disposition third. Entry into force.

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

Madrid, 2 August 2007.-The Minister of Labour and Social Affairs, Jesús Caldera Sánchez Capitan.

ANNEX I Imports and maximum 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

Training

Presential

9 €

13 €

Teletraining

7.5 €

a conventional distance

5.5 €

Mixta

Previous modules will be applied based on training times conventional and remote distance or teletraining that has the formative

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, Whereas the "higher level" module will be applied when training incorporates subjects involving specialisation or training to develop programming or management skills.

The cross-sectional training referred to in Article 7.2 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 36.4, the beneficiary shall allocate up to 5% of the grant awarded to the beneficiary for this purpose. execution of the training activity.

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 preparatory activities, (i) partition, mentoring and evaluation of participants in training actions.

These expenses must 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 interest, supported in the implementation of the training actions. These costs 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 use. c. Expenditure on teaching aids and/or acquisition of teaching materials, as well as expenditure on consumables used in the implementation of training measures, including protection and safety equipment. Also, in the case of tele-training, the costs attributable to the means of communication used between trainers and participants. These costs 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 use. 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 costs shall be duly broken down by training action and shall be charged for the duration of the action. Depreciation expenses shall be calculated according to generally accepted accounting standards, the method of depreciation being applicable according to the tables approved by the Corporate Tax Regulation. e. Accident insurance expenses of the participants. These costs must be broken down by training action and their allocation shall be made by the number of participants. f. Transport, maintenance and accommodation costs for the employed workers participating in the training activities, subject to the limits laid down in Order EHA/3771/2005 of 2 December 2005. These costs must be duly broken down by training action and their allocation shall be made by the number of participants. g. The advertising costs for the organisation and dissemination of training actions. These expenditure shall be duly broken down by training action.

2. Associated costs of training: a. The costs of both internal and external support staff and all necessary for the management and execution of the training activity.

b. Financial expenditure directly related to the activity supported and which is essential for the proper preparation or implementation 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 2006, General Grants, these costs will have to be charged by the beneficiary to the activity subsidised in the part that is reasonably appropriate in accordance with the generally accepted principles and accounting 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 shall not exceed 20% of the costs of the training activity. For the purposes of this paragraph, in the training plans aimed primarily at the employment of these associated costs, they shall be understood as referring to the plan as a whole, excluding the costs referred to in paragraph 3 of this Article. Annex.

3. Other eligible costs: a. The costs of assessment and control of the quality of the training, as provided for in Article 36.4 and in Annex I, paragraph 2.

b. In the event that the supporting account is carried out with an auditor in accordance with the provisions of Article 74 of Royal Decree 887/2006 of 21 July, the expenditure resulting from the implementation of that report shall be eligible, the call for additional funding only for the assumption that the said report is mandatory for the beneficiary. The calls shall lay down the terms and conditions for the implementation, allocation and justification of these costs.

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

-sports activities

Telemarketing.

ANNEX III

Sectors Pool

Facilities.

Administration

Issues Tax Technicians and Tax Advisors.

Management and Real Estate Mediation

Managers.

Offices and dispatches (Office of Chambers, Colleges, Associations, federations and institutions; Professional offices; Trade brokers; Notaries; Exchange and exchange agents; Offices and offices in general; Stock market)

property

merchants.

Agrariats

Aviculture Farms and other animals.

Gardening.

Production, Manipulated, and packaging for trade and export of citrus fruits, fruits, vegetables, flowers and live plants

, forestry and livestock sector

Water

Water catchment, lift, drive, treatment, debugging, and water distribution industries

Graphic Arts

Graphic arts, paper and cardboard manipulated, editorials, and related industries

Press.

Press not daily

Commerce and Marketing

Trade.

Commercial Delegations of the Public Lotteries and Betting Enterprise Public Ente.

Stores

Building and civil work

Construction.

derivatives.

Cement-producing enterprises

Yesos, escayolas, cales, and their prefab.

Education

Autoschools.

Care and Education Centers.

Education Centers and research.

Centers and services for people with disability.

majors

teaching companies held wholly or partially with funds public.

Teaching.

Energy

Industry Sector power. (1) (7).

liquefied gas distribution agencies

Finance and Insurance

Banking. (2)

Boxes.

Cooperatives.

Entities insurance, reinsurers, and mutual work accidents.

financial facilities

mediation private.

Cold

Hostel/tourism

agents.

Rental of vehicles with and without driver.

game organizing companies. (3)

Hostels.

Image

Peluquerias, Beauty Institutes, gyms and the like

Image and sound

Artists and technicians in party, dance and dance halls

Advertising companies.

Industries

.

Food industries

Plant conserves.

cooked product makers for your home sales

Carnics Industries.

and beverage industries. (6)

Matches of Birds.

industries

Mining.

Informatics and communications

Optical Fiber Cable Concessionaires.

telecom service operators

Corcho.

Wood.

Environment

Urban Solid Waste and Road Cleaning.

Maintenance and Maintenance of Facilities aquatic.

Recovery of waste and secondary raw materials

Metal

Metal.

Pesquera

Fishing and Aquaculture.

Chemistry

Chemical industries.

Pasts, paper, and cardboard.

Perfumery and related.

Healthcare

Pharmacy Offices.

.

sick and crashed by ambulance

Security

Private security

Services (others)

Building and local cleanup.

Maintenance of support booths and public telephones.

Services (Urban Farm Employees; Funeral Services; Dairies and laundries; Management of show rooms and recreational activities). (4) (5) (11).

Services to businesses

Planning, business organization, and accounting firms.

companies and technical studies offices.

Work Companies.

Social Services

Action and Intervention social.

Service to Dependent Persons and Development of Personal Autonomy Promotion

Textil, Clothing and Skin

Curtid

of manual and orthopaedic and custom artisan footwear and footwear repair and preservation workshops used and duplicate keys

Industry footwear

Hormas, Tacks, Floors, and Cambrillons Industries.

Marroquinery, Reputation, and the like

Textile and Garment.

Transports

Transport-attached Activities (Transports, Consignors and Customs Agencies)

Amarers.

delivery. (10)

Estiba and Disestiba.

-propelled mobile cranes

merchant.

Ports of the State and Port Authorities.

Tugs.

Tansport of travelers by road. (8) (9).

Transport.

freight transport. (8) (9).

and ceramics

Manufacture of ceramic tiles, pavements and tiles and related.

extractive industries, glass industries, ceramic industries, and the exclusive trade of the same materials

and bricks

Note. As a measure to guarantee the training of workers in the sectors of activity where there is no collective bargaining, in accordance with art. 24 (2) (b) of RD 395/2007, such workers may participate in the sectoral plans to which they are linked, according to the following notes, without any increase in the population employed: (1) Extraction of crude oil oil and natural gas; activities of services related to oil and gas holdings; coke; refining of oil; production of gas and steam of hot water. (2) Other financial institutions. (3) Casinos and gaming rooms. (4) Activities of ancillary services. (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 roads and other toll roads. (10) Postal and postal activities. (11) Theme parks