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Royal Decree 395/2007 Of 23 March, Which Regulates The Subsystem Of Vocational Training For Employment.

Original Language Title: Real Decreto 395/2007, de 23 de marzo, por el que se regula el subsistema de formaciĆ³n profesional para el empleo.

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In an increasingly global and interdependent economy, human capital is a key factor in being able to compete with a guarantee of success. Therefore, training is a strategic objective to strengthen the productivity and competitiveness of companies in the new global scenario, and to enhance the employability of workers in a constantly changing world.

After thirteen years of validity of two different forms of vocational training in the field of work-occupational training and continuing training-both subsystems need to be integrated into a single training model. (a) vocational training for employment and the introduction of improvements to adapt training to employed and unemployed workers to the new economic and social reality, as well as to the needs demanded by the labour market.

Similarly, certain events and relevant elements have had an impact on the vocational training model in recent years and must continue to be present when facing their reform:

The Organic Law of June 19, of the Qualifications and Vocational Training, which establishes a National Catalogue of Professional Qualifications that allows us to advance in a lifelong learning approach and in the integration of the various offers of vocational training (regulated, occupational and continuous), leading to the recognition and accreditation of professional skills acquired through training processes (both formal and non-formal) as of the work experience.

Judgments of the Constitutional Court (STC 95/2002 of 25 April 2002 and STC 190/2002 of 17 October 2002) which defined the areas of action of the General Administration of the State and the Autonomous Communities in respect of continuing training, placing it within the scope of work.

Also, Law 56/2003, of 16 December, of Employment, which places occupational training and continues at the centre of policies in the field of work that can best contribute to the achievement of employment objectives.

Finally, the approval of other rules, not specifically aimed at training, is also influencing the practical development of training, as is the case of Law 38/2003, of November 17, General of Grants, which has a decisive impact on the management of grants to finance training.

As far as the European Union is concerned, lifelong learning is seen as a key pillar of the employment strategy in a knowledge-based economy. In addition, lifelong learning is included among the structural indicators of the Lisbon Strategy for the objectives in education and training for the year 2010. In this respect, the European Council of June 2005 raised the need to relaunch the Lisbon Strategy and adopted the integrated guidelines for growth and employment 2005-2008, including the one aimed at adapting the Lisbon strategy. education and training for new skills needs.

In this scenario, the Declaration of the Social Dialogue "Competitiveness, stable employment and social cohesion" signed in July 2004 by the government, CEOE, CESME, CCOO and UGT, establishes that in the framework of the social dialogue, the signatories analyse in a joint manner the necessary adaptations of the current training model for workers in a sense commensurate with the training needs to be met from the state level, while preserving the areas of participation of the trade unions and employers ' organisations and making it possible to participate in management by part of the Autonomous Communities.

In the framework of this Social Dialogue, the Government and the Social Partners agreed on the opportunity to integrate, in line with the provisions of the Organic Law of 19 June, of the Qualifications and Training Vocational training, occupational training and continuing training, both in employment. The extension of the active life of the worker and the lifelong learning make it necessary for a vision to integrate in itself the training and employment in the reality of the current labour market, which breaks the barrier between the occupied population and unemployed in the perspective of achieving full employment-the objective set out in the Lisbon Strategy-and ensuring social cohesion. However, this integration must not be an obstacle to the existence of differentiated offers adapted to the different training needs.

As a result of the above, on 7 February 2006, the Government and the aforementioned Business and Trade Union Organisations signed the Vocational Training Agreement for Employment, the aims, principles and principles of which have been taken into account. in this royal decree in order to promote the formation between workers and entrepreneurs, and to convert the permanent learning in our country, in a fundamental element not only for the competitiveness and the employment, but also for the development personnel and professional workers.

the same time, the present royal decree proposes a model of training for employment that insists on the need to combine the autonomy of our State and the insertion of training in collective bargaining State sector nature, creating a reference framework at the state and regional level, as well as at the sectoral and company level.

Therefore, the training model that arises respects the competence of the management of the Autonomous Communities, in line with the aforementioned Sentences of the Constitutional Court of April and October 2002, and deepens in the cooperation between the Autonomous Administrations and the General Administration of the State.

addition, the royal decree recognises the close link between training with employment and macroeconomic and micro-economic policies, and thus contributes to the important role of the social partners in the field. development of common strategies for the different productive sectors within the framework of the market unit, articulated through collective bargaining at the state level, foreseeing the existence of training actions that guarantee the acquisition of skills by employees or allowing them to train in other economic sectors different from the one in which they operate, anticipating or reacting to possible crisis situations that may occur in some sector and thus contributing to promote the free movement of workers.

On the other hand, the royal decree aims to enhance the quality of the training as well as its evaluation, so that the investment in training in our country responds to the rapid and constant changes that occur in our environment. The European Commission has been able to keep up to date the skills of our employees and the ability to compete with our companies and to reduce the gap that this investment has in relation to the European average. It is about implementing a dynamic and flexible model, but at the same time a stable model for tackling from the perspective of training the challenges of our economy framed in the European Strategy for the achievement of full employment.

In short, the reform that is being proposed reinforces, on the one hand, the participation of the social partners and, on the other, the management capacity of the Autonomous Communities and the collaboration between the the General Administration of the State.

The Sectoral Labour Affairs Conference, the most representative Business and Trade Unions and the General Council for Vocational Training have been consulted.

This general rule is in response to the State's pro-competitive reserves contained in Article 149.1. 7. th and 17. th of the Spanish Constitution and, after consulting the General Council of Vocational Training, it is issued, in use of the authorization granted to the Government by the final provision of the third of the Organic Law of 19 June, of the Qualifications and Vocational Training.

In its virtue, on the proposal of the Minister of Labor and Social Affairs, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers in its meeting on 23 March 2007,

D I S P O N G O:

CHAPTER I

General provisions

Article 1. Object.

This royal decree aims to regulate the various training initiatives which make up the vocational training subsystem for employment, its operating system and financing, as well as its organisational structure and of institutional participation.

Article 2. Concept and purposes of vocational training for employment.

1. The vocational training subsystem for employment is made up of all the instruments and measures designed to promote and extend the training of employees and the unemployed in the form of a training which responds to their needs. needs and contributes to the development of a knowledge-based economy.

2. These are the aims of vocational training for employment:

a) To foster the lifelong learning of unemployed and employed workers by improving their professional skills and personal development.

b) Provide workers with the appropriate knowledge and practices to the professional skills required in the labour market and the needs of enterprises.

c) Contribute to improving the productivity and competitiveness of companies.

d) Improving the employability of workers, especially those with greater difficulties in maintaining employment or job integration.

e) Promote that professional skills acquired by workers through both (formal and non-formal) learning processes, as well as work experience, are subject to accreditation.

Article 3. Principles of the vocational training subsystem for employment.

Constitute principles governing the occupational training subsystem for employment:

a) Transparency, quality, effectiveness and efficiency.

b) The professional training quota box unit.

c) The labour market unit and the free movement of workers in the development of training actions.

d) Collaboration and coordination between competent administrations.

e) The linkage of the system with Social Dialogue and collective bargaining.

f) The involvement of the Social Partners.

g) The linkage of vocational training for employment with the National System of Qualifications and Vocational Training, regulated in the Organic Law of 19 June, of Qualifications and Training Professional.

(h) The exercise of the right to vocational training for employment, its free character and equality in the access of workers and enterprises to training and to aid to training.

Article 4. Training initiatives.

The vocational training subsystem for employment is made up of the following training initiatives:

(a) Demand training, which covers the training actions of enterprises and individual training permits financed in whole or in part with public funds, in order to meet the specific training needs raised by companies and their employees.

(b) The training of offer, which includes training schemes aimed primarily at employed workers and training schemes aimed primarily at unemployed workers in order to provide them with training. training them for the skilled performance of the professions and access to employment.

(c) Training in alternance with employment, which is made up of the training schemes for training and public employment programmes, enabling the worker to make training compatible with the labour market. professional practice in the workplace.

d) Support and support actions for training, which are those that make it possible to improve the effectiveness of the vocational training subsystem for employment.

Article 5. Target workers of the training and priority groups.

1. All employed and unemployed workers, including those not listed by vocational training, shall be eligible for vocational training for employment in the following terms:

(a) In the form of demand training, employees who provide their services in undertakings or in public entities not covered by the scope of the training agreements in the general government may participate in the training Public as referred to in paragraph 2 of this Article, including discontinuous fixed workers in periods of non-occupation, as well as workers who have access to unemployment when they are in a training period, and workers who are employed in employment regulation in their periods of suspension of employment by authorized file.

b) In the form of offer training, the employed and unemployed workers may participate in the proportion which the competent authorities determine, in the light of the proposals made by the system of participation of the system National of Employment provided for in Article 33.3.

(c) In training in alternance with employment, contract workers for training and unemployed workers will be able to participate in the terms laid down in the specific rules governing contracts for employment. the training and the public employment-training programmes, respectively.

2. The training of public employees will be carried out through the specific plans which will be promoted in accordance with the training agreements to be signed in the field of public administrations. This collective may participate in the inter-sectoral training plans referred to in Article 24.1, subject to the limit laid down by that provision.

3. In order to ensure access to the training of workers with the greatest difficulty of insertion or maintenance on the labour market, they may be given priority to participate in training activities, among others:

(a) Unemployed persons belonging to the following groups: women, young people, persons with disabilities, victims of terrorism and gender-based violence, long-term unemployed, over 45 years of age and persons at the risk of social exclusion, as provided for in each case by the priorities set out in the national employment policy, in the implementation plans of the European Employment Strategy and in the Social Fund Operational Programmes European.

(b) The employed workers belonging to the following groups: workers of small and medium-sized enterprises, women, victims of terrorism and gender-based violence, over 45 years of age, workers with low levels of employment qualifications and persons with disabilities, in accordance with the provisions of the Operational Programmes of the European Social Fund and the competent authorities in the framework of the planning provided for in Article 21 and in their respective schedules.

Article 6. Funding.

1. The vocational training subsystem for employment will be financed, in accordance with the provisions of the General State Budget Law, with the funds from the vocational training quota provided by the companies and the workers, with the aid from the European Social Fund and with the specific contributions laid down in the budget of the State Employment Public Service.

addition, the Autonomous Communities may, in the exercise of their competence, allocate own funds to finance the management of the training initiatives provided for in this Royal Decree by means of the funding that they determine in the development of their self-organization faculties.

2. Each year, the Ministry of Labour and Social Affairs shall determine the proposal for the distribution of the budget to finance the vocational training subsystem for employment between the various training areas and initiatives. contemplated in this royal decree.

The proposed distribution proposal will be submitted to the National Employment System's participation body as provided for in Article 33, in accordance with the provisions of paragraph 2.c).

3. The vocational training funds for employment, at national level, for the financing of grants managed by the Autonomous Communities which are responsible for implementing the implementing powers, shall be distributed in accordance with the provisions of the provided for in Article 86 of Law 47/2003 of 26 November, General Budget.

4. The part of the vocational training fund for employment laid down in the General Budget Law of the State for the financing of grants managed by the State Employment Public Service shall apply to the alleged schemes or training measures which transcend the territorial scope of an Autonomous Community and require coordinated and uniform action, which aim at the imparting of training actions relating to the exercise of exclusive powers of the State or address immigrant workers in their home countries.

It is understood that the requirements set out in the previous paragraph in the training plans covered by the collective state collective bargaining are met when the design and programming of the training actions included in the training plans plans and the management of the corresponding resources are carried out in a comprehensive, integrated or coordinated manner in the relevant sectorial field and by the parties legitimized for the negotiation of the corresponding agreement or agreement. It is also understood that these requirements are met in the training plans of a cross-sectoral nature where they favour the acquisition of basic skills which will improve the employability of workers and their professional promotion and personnel within the framework of the market unit, the characteristics of globality, integration and coordination mentioned above are fulfilled and are carried out by the most representative business and union organizations in the State sphere, as well as by the social economy organisations and associations of the self-employed, with notable implementation in that scope.

In addition, it is understood that they require coordinated and uniform action to include training actions that include commitments to the employment of unemployed persons when their execution affects workplaces located in the territory of of a Autonomous Community, as well as those aimed at groups with special training needs or who have difficulties in their integration or vocational training when their implementation, affecting a geographical area higher than that of a The Autonomous Community and the need for unified coordination requires the geographical mobility of participants.

CHAPTER II

Professional training for employment

Section 1. Common Provisions

Article 7. Training actions.

1. It is understood by training action aimed at the acquisition and improvement of professional skills and qualifications, and can be structured in several training modules with objectives, contents and duration of their own.

In any event, the training offer aimed at obtaining the certificates of professionalism provided for in Articles 10 and 11 shall be modular in order to promote the cumulative partial accreditation of the training received and enable the worker to advance in his/her career path whatever his/her employment status is at any time.

2. Where the training is not linked to the attainment of the certificates of professionalism, each action or training module shall have a duration appropriate to its purpose, depending on the target group, the mode of delivery of the training, the number of pupils and other objective criteria, which may not be less than 6 hours. In the case of cross-sectional training in areas deemed to be priority by the competent labour administration, the duration may be less than that limit.

3. The participation of a worker in training may not exceed 8 hours per day.

4. They shall not take account of training activities included in the vocational training subsystem for employment activities of a kind informative or divulgative nature, the object of which is not the development of a training process, such as working days, fairs, symposia and congresses.

Article 8. Partition of the training.

1. The training may be provided in person, at a conventional distance, by means of tele-training or mixed.

When the action or training module includes, in whole or in part, distance learning, this must be done with didactic supports that allow a systematized learning process for the participant, which will necessarily be supplemented with tutorial assistance.

The mode of delivery through tele-training will be understood when the learning process of the training actions is developed through information technologies and telematics communication, enabling the interactivity of students, tutors and resources located in different places.

2. The training provided through the face-to-face mode will be organised in groups of 25 participants at the most. In the training provided by means of conventional distance or teletraining, there must be at least one tutor per 80 participants.

The competent authorities may, in their respective management areas, establish a number of participants smaller than those referred to in the preceding paragraph according to the characteristics or content of the training; or either of the collectives to which it is addressed.

3. Training, both theoretical and practical, must be carried out in appropriate classrooms, workshops or facilities, in accordance with the requirements of the relevant programme.

4. The Minister for Labour and Social Affairs will determine the maximum economic modules for the financing of training measures in the light of their mode of delivery. Specific economic modules may also be established in the light of the uniqueness of certain training actions which, by their expertise and technical characteristics, require greater funding.

Article 9. Training institutions and institutions.

1. They may provide vocational training for employment:

(a) Public administrations competent in the field of vocational training for employment, through their own centres or through agreements with public entities or undertakings which may provide training. They have the consideration of centers of their own:

1. The National Focal Points, specialized in productive sectors, taking as a reference the sectoral map that is defined and the Professional Families of the National Catalogue of Professional Qualifications. These centres shall carry out experimental and innovative actions in the field of vocational training, under the conditions laid down in the standard governing the requirements of these centres.

2. The Integrated Centres for Vocational Training of Public Entitlement. These centres will provide at least the training offers referred to the National Catalogue of Professional Qualifications, leading to the acquisition of professional qualifications and certificates of professionalism.

3. The other public administration centres with adequate facilities and equipment to provide vocational training for employment.

(b) Business and trade union organisations, and other entities benefiting from training schemes aimed primarily at employed workers, either by themselves or through the centres and entities referred to in the the training programmes of the beneficiary organisations or entities. In the case of centres or training institutions, they must be accredited or registered, as the case may be.

(c) Companies that develop training actions for their employees or for unemployed persons with a commitment to recruitment, who will be able to do so through their own means, provided they have the right equipment for this end, or through external hires.

(d) the Integrated Vocational Training Centres, of private ownership, and the other training centres or institutions, public or private, accredited by the competent authorities for the provision of training to the obtaining certificates of professionalism. These centres shall meet the requirements specified in the actual decrees governing the certificates of professionalism corresponding to the training given in them, without prejudice to the specific requirements which they may lay down. Public administrations in the field of their competences.

(e) Training centres or institutions which provide training not aimed at obtaining certificates of professionalism, provided that they are registered in the Register established by the competent authority. The Ministry of Labour and Social Affairs may establish minimum criteria for such registration.

2. The Autonomous Communities may establish a Register where the centres and entities providing vocational training for employment in their respective territories shall be registered.

The State Employment Service, within the framework of the National Employment System, will permanently maintain an updated state register of public institutions and training institutions. This Register shall be coordinated with the Autonomous Registers through the Public Service Information System provided for in Article 7.2.c) of Law 56/2003, of 16 December, of Employment.

3. Training centres and institutions shall be subject to the quality controls and audits to be established by the competent authorities, the results of which may be incorporated into the records referred to in the previous paragraph.

Article 10. Certificates of professionalism.

1. In accordance with Article 10.1 of the Organic Law of 19 June 2002 on Qualifications and Vocational Training, the offer of vocational training for employment linked to the National Catalogue of Qualifications Professionals shall be constituted by the training aimed at obtaining the certificates of professionalism.

2. Certificates of professional competence provide an official proof of the professional skills that enable the development of a job activity with significance in employment.

Such skills will be referred to the professional qualifications of the professional qualifications of the National Catalogue of Professional Qualifications, so each certificate of professionalism will be able to understand one or more of these units. In any event, the unit of competence constitutes the minimum unit of credit and accumulative for obtaining a certificate of professionalism.

3. The Public Service of State Employment, with the participation of the National Focal Points, will prepare and update the certificates of professionalism, which will be approved by royal decree, after report of the General Council of Training Professional.

Article 11. Accreditation of training and registration.

1. Where the training is aimed at obtaining certificates of professionalism, the contents of the training modules and the requirements to be determined in the actual decrees governing those certificates shall be respected in their development. This training shall be accredited by the issue of the relevant certificate of professionalism or of its cumulative partial accreditations.

The certificate of professionalism shall be issued when the training modules for all the units of competence in which it is structured have been completed. The cumulative partial accreditations shall be issued where the training modules corresponding to one or more of those competition units have been exceeded.

2. Where the training is not linked to the training offer of the certificates of professionalism, a certificate of assistance to each participant who has completed the training action shall be given to each participant who has completed the training. passed the training with a positive assessment of a diploma.

The skills acquired through this training can be recognised, as well as those acquired through work experience, through the full or partial accreditation of certificates of professional competence, compliance with the rules governing the procedure and the requirements for the assessment and accreditation of skills acquired through work experience and non-formal learning, which is provided for in the development of Article 8 of the Treaty. Organic Law of 19 June, of the Qualifications and Vocational Training.

3. The issue of certificates of professionalism and partial accreditation shall be carried out by the State Employment Public Service and the competent bodies of the Autonomous Communities within the framework of the National Employment System.

4. Such administrations shall bear a nominal register and a certificate of professional qualifications and of the cumulative partial accreditations issued.

For the purpose of ensuring the transparency of the labour market and facilitating the free movement of workers, there will be a general register in the National Employment System, coordinated by the State Employment Public Service and implemented through the Public Employment Services Information System, to which the entries made in the records referred to in the previous paragraph shall be communicated.

Section 2: Training of demand: training actions of individual companies and individual training permits

Article 12. Object and modalities of the demand formation.

1. Demand training responds to the specific training needs of companies and employees, and is made up of the training actions of companies and individual training permits.

It is up to the companies to plan and manage the training of their employees, to the workers the initiative in the application of the said permits, and to the legal representation of the workers the exercise of the rights of participation and information provided for in this royal decree.

This training will be financed through the application of a system of bonuses in the social security contributions that the companies enter, which will not be subvencional in accordance with the provisions of the article. 2.4.g) of Law 38/2003, of 17 November, General of Grants.

2. The training provided through the training actions of the enterprises shall be related to the business activity and may be general or specific.

The general training is the one that includes a teaching that is not unique or mainly applicable in the current or future job of the worker in the beneficiary company, but provides qualifications for the most part transferable to other companies or to other areas of work.

The specific training is the one that includes a theoretical and/or practical teaching directly applicable in the current or future job of the worker in the beneficiary undertaking and which offers qualifications that are not transferable, or only in a very restricted way, to other companies or to other areas of work.

3. The individual training permit is that which the undertaking authorises a worker to carry out a training action which is recognised by an official accreditation, including that corresponding to the certificates and certificates of Professional qualifications of the National Catalogue of Professional Qualifications, in order to promote their professional and personal development.

The refusal of the authorization of the permit by the company must be motivated by organizational or production reasons, communicating it to the worker.

By Order of the Minister of Labour and Social Affairs, the use of these individual training permits will be regulated for access to the processes established by the regulatory framework for recognition, evaluation and accreditation of professional skills and qualifications acquired through work experience and other non-formal and informal learning.

Article 13. Allocation to enterprises of a level for training.

1. Undertakings shall have a credit for the training of their employees, the amount of which shall be applied to the amount paid by each undertaking in the preceding year, in respect of the vocational training quota, the percentage which is annually set out in the General Budget Law of the State. This percentage will be determined according to the size of the companies, so that the smaller the size of the larger company is the percentage. In any event, a minimum amount of credit shall be guaranteed in the amount to be determined in that Law. The latter amount may be higher than the professional training fee paid by the undertaking in the social security system.

The credit referred to in the preceding paragraph will be made effective by bonuses in the Social Security contributions that the companies enter.

2. Companies which, during the corresponding financial year, open new centres of work, as well as newly created firms, may benefit from the bonuses set out in the previous paragraph when they are incorporated into their workforce. new workers. In these cases, the companies will have a credit for bonuses, the amount of which will result from applying to the number of new-entry workers the amount determined by the General State Budget Law, guaranteeing For the newly created companies the minimum credit credit facility referred to in paragraph 1 of this Article.

3. In addition, up to the limit of the budgetary availability authorised annually in the General Budget Law of the State, companies which grant individual training permits to their employees will have a credit bonuses for further training to the annual credit resulting from the application of the provisions of paragraph 1 of this Article. The criteria for the allocation of this additional credit will be determined by the Order of the Minister for Labour and Social Affairs.

Article 14. Co-financing of enterprises.

1. Companies will participate with their own resources in the financing of the training of their employees, according to the minimum percentages which, on the total cost of training, will be established by Order of the Minister of Labour and Social Affairs. depending on the size of the companies. However, such an obligation may be exceptional for undertakings of less than 10 employees in order to facilitate their access to training.

The wage costs of workers trained by the company during their working day shall be considered as part of the private co-financing.

2. The co-financing provided for in this Article shall not apply to individual training permits.

Article 15. Information on the legal representation of workers.

1. The company must submit the training actions, including those of the individual permits, to information on the legal representation of the workers, in accordance with the provisions of the recast of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995 of 24 March. To this end, it shall make available to that representation at least the following information:

a) Denomination, objectives, and description of the actions to be developed.

b) Recipient collections and number of participants per share.

c) The expected schedule of execution.

d) Teaching media.

e) Selection criteria for participants.

f) Expected place of imparting of the formative actions.

g) Balance sheet of the training actions developed in the preceding year.

The company's failure to comply with the obligation to inform the legal representation of the workers will prevent the acquisition and, where appropriate, the maintenance of the right to the bonus.

2. The legal representation of the employees must issue a report on the training actions to be carried out by the company within 15 days of receipt of the documentation described in the previous paragraph, after which, without This report shall be deemed to have been completed.

3. If, as a result of the procedure provided for in the previous paragraph, discrepancies between the management of the undertaking and the legal representation of the employees in respect of the content of the training are to be elucidated within a period of 15 days, (a) to be taken from the receipt by the undertaking of the report of the legal representation of the workers, and written as a result of the outcome of the procedure provided for in this paragraph.

4. The implementation of the training actions and their corresponding bonus may only be initiated after the deadlines provided for in paragraphs 2 and 3 of this Article have been completed.

5. If the disagreement referred to in paragraph 3 between the legal representation of employees and the undertaking in respect of the training measures is maintained, the examination of the discrepancies in order to mediate on the same corresponds to the the competent Joint Committee.

In the event that the corresponding Joint Commission did not mediate, that no such Commission existed or that discrepancies were maintained after mediation, the competent administration, according to the relevant distribution established in the first provision, will know about them, provided that they are due to one of the following causes: discrimination of treatment, in the legally established terms, carrying out actions that do not correspond with the business activity or concurrence of any other circumstance that may involve abuse of the right to use public funds.

The competent authority shall issue a decision which may affect the acquisition and maintenance of the right to the allowance corresponding to the action or training actions in which the causes have been incurred points. If the applied bonus is declared improper, the procedure for the payment by the company of the unentered fees shall be initiated.

6. Where the undertaking does not have legal representation of workers, the conformity of workers affected by the training measures shall be necessary. Disconformity or denunciation by any worker of the undertaking based on the causes referred to in the preceding paragraph shall take place at the beginning of the procedure provided for in that paragraph.

Article 16. Implementation of the training actions.

1. Companies may organise and manage the training of their employees on their own, or contract their performance with specialised centres or entities. In the latter case, the said centres or institutions must at least assume the coordination of the training actions, not being able to delegate or contract with third parties the development of such coordination.

The companies will assume responsibility for the execution of the training actions that will be provided to the administration, and must ensure both those and, where appropriate, the entities engaged in the satisfactory development of the functions of the monitoring and control bodies.

2. Companies may voluntarily group together, after written agreement, to organise the training of their employees, by appointing an organising body to manage their training programmes. In this case, the bonuses will be applied by the companies grouped in their respective quotation sheets.

You may have the status of an organizing entity any of the companies that are part of the group, or a center or entity that has the training impartition among its activities. The entity shall be responsible for carrying out the communications for the initiation and completion of the training referred to in paragraph 3 of this Article and for the safeguarding of the documentation related to the organisation, management and the partition of the training actions in which it intervenes as an organizing entity. It shall also have the obligation to cooperate with the relevant administrations and control bodies in the follow-up and control actions to be carried out in respect of such actions.

The provisions of paragraph 1 of this article on the subcontracting and liability of companies shall apply to groups of undertakings.

3. Undertakings, or organising bodies in the case of a grouping, shall communicate the information relating to each action and group, containing at least the following information: name and basic content of the training action, mode of delivery, official accreditation, where applicable, expected number of participating workers and dates, time and place of completion. In addition, in the case of a group of undertakings, the social reason and the CIF of each of the undertakings which are to participate in the training must be indicated. This communication, and the cancellation or modification of your data, if necessary, must be carried out within the time limits laid down by the Order of the Minister for Labour and Social Affairs.

In addition, before the allowance for each share or group is practised, the companies, or the organising entities in the case of a group, must communicate their completion with at least the following information: name of the training action carried out, listing of participating workers who have completed the training, number of hours and total cost of the training, with indication of the maximum cost of training.

These communications for the beginning and completion of the training will be carried out in the framework of the National Employment System through the telematic processes implemented by the State Employment Public Service, in terms of establish by Order of the Minister of Labour and Social Affairs.

4. The National Employment System, through the State Employment Public Service, will guarantee the Autonomous Communities access, in real time, to the telematic communications made by the companies and the organizing entities, as well as the access to all the information necessary for the Autonomous Communities in the field of their competence to establish their system of evaluation, monitoring and control of the training actions of enterprises.

Article 17. Application of the bonuses.

1. The amount of the credit for bonuses allocated to each undertaking, in accordance with the terms of Article 13, shall act as a limit on the bonuses which may be applied in its contributions to Social Security.

2. Undertakings may be applied on an annual basis, in the form determined by the General Treasury of Social Security, the bonuses in social security contributions from the communication of the completion of the training. The time limit for the application of such subsidies is the last working day in order to be able to submit the quotation sheet for the month of December of that economic year.

In individual training permits, companies may apply the corresponding bonuses as they pay the wages to the workers who enjoy these permits. By Order of the Minister of Labour and Social Affairs the number of working hours per permit and academic year may be established which may be the subject of such bonuses, as well as the requirements, procedures and, where appropriate, volume of permits depending on the number of workers in the template for each company.

3. In carrying out their monitoring and control activities, the Public Employment Services shall verify the provenance and accuracy of the deductions that have been practised by the companies in the form of bonuses.

The Autonomous Communities shall inform the Public Employment Service of the results of the monitoring and control actions they have carried out, as well as of the alleged irregularities detected.

4. The undue or fraudulent application of the allowances shall determine that the amounts concerned are the subject of an administrative complaint through the clearance of the Labour and Social Security Inspectorate. Without prejudice to this, the State Employment Service, within the framework of the National Employment System, shall cooperate with the said Inspectorate by means of prior notification to undertakings of irregularities which are brought after the application of the the procedure referred to in the preceding paragraph, in order to ensure that the amounts unduly applied are returned or, where appropriate, the arguments which they deem appropriate. If no refund is made or the claims are not accepted, the agency shall inform the Labour and Social Security Inspectorate for the opening of the settlement proceedings and, where appropriate, of the penalty.

Article 18. Justification.

1. For the purposes of their justification, the costs arising from the training actions of undertakings and individual training permits which have been the subject of a bonus shall be expressly identified as such in the accounts. of the company.

2. The undertaking shall keep at the disposal of the control bodies during the period laid down in national and Community legislation the supporting documentation (invoices, accounting justification and any other supporting documents) of the completion of the training.

3. Failure to comply with these obligations and the other obligations laid down in this royal decree may give rise to the total or partial payment by the undertaking of the non-revenue shares, in accordance with the procedure laid down in Article 17.4 of this Regulation. royal decree.

Article 19. Support for small and medium-sized enterprises.

1. The National Employment System will promote the necessary initiatives to facilitate and generalise the access of small and medium-sized enterprises to the training of their employees. To this end, the State Employment Public Service and the corresponding bodies or entities of the Autonomous Communities, after a coordinated development of a support plan for these enterprises, should provide them with advice and make available to them the (i) information on the various vocational training initiatives for employment and existing training centres and institutions, including those relating to the education system. They shall also provide support and technical assistance to them to meet their training needs, enabling, where necessary, the voluntary grouping of undertakings referred to in Article 16 (2

.

2. For the articulation of these measures of advice, support and technical assistance to SMEs, the competent administrations will have the collaboration of the most representative business and union organizations. They may also have the collaboration of local authorities and other entities that can contribute to the achievement of those objectives.

Section 3. Offering Training

Article 20. Purpose of the offer of vocational training for employment.

1. The provision of vocational training for employment is intended to provide workers, both employed and unemployed, with training tailored to the needs of the labour market and which meets the requirements of productivity and the competitiveness of companies and the aspirations of professional development and the personal development of workers, in a way that enables them to carry out the skills of the various professions and to access employment.

The competent labour administrations shall take the necessary measures to ensure that the offer of vocational training for employment is broad, permanent and accessible.

2. In order to encourage and facilitate the participation and access of workers to the training offer aimed at obtaining certificates of professionalism, a modular training offer which favours accreditation will be established. (a) a cumulative part of the training received, reduces the risks of abandonment and makes it possible for the worker to advance in his/her career path, whatever the employment situation is.

The competent authorities will also develop a training offer covering the occupational areas that do not yet have a certificate of professionalism, as well as the specific training and qualification needs of the workers.

3. For the purposes of the above paragraph, the State Employment Service, within the framework of the National Employment System, shall keep the file of training specialties permanently up to date and shall inform the which are produced to the Autonomous Communities in accordance with the criteria laid down in the framework of the Public Employment Services Information System referred to in Article 7.2.c) of Law 56/2003 of 16 December 2003 on Employment.

Article 21. Multi-annual planning of the training offer.

In accordance with the royal decrees on the transfer of functions and services in the field of management of occupational vocational training to the Autonomous Communities, the Ministry of Labour and Social Affairs will carry out a multi-annual planning in which the priorities, general objectives and recommendations to be taken into account in the training offer of the occupational training subsystem for employment shall be determined.

This planning will be carried out in view of the proposals made by the Autonomous Communities and the Business and Trade Unions through the participation body provided for in Article 33.

Article 22. Programming and management at the state level.

1. The programming and management of the training offer at the state level includes, within the meaning of article 6.4 of this royal decree:

(a) The training plans aimed primarily at the employed workers, according to the regulation contained in Article 24.

(b) Specific programmes to be established by the State Employment Public Service for the training of persons with special training needs or who have difficulties in their integration or retraining. In the implementation of these programmes, public institutions or non-profit entities may participate in the training or professional integration of the workers ' groups to whom these programmes are directed.

(c) Professional training for the employment of persons in situations of deprivation of liberty and the soldiers of troops and marineria who maintain a temporary employment relationship with the Armed Forces, by means of agreements entered into by the State Employment Public Service with the institutions of the General Administration of the State competent in these areas.

d) The programming of training actions that include hiring commitments aimed primarily at the unemployed and migrant workers in their countries of origin under the current legal framework, by means of agreements signed by the State Employment Public Service with the companies, their associations or other entities that acquire the said engagement.

2. The training plans and the specific programmes referred to in points (a) and (b) of the previous paragraph shall be financed by public grants, on the basis of a call by the State Employment Public Service, in accordance with the regulatory basis are established by Order of the Minister of Labour and Social Affairs.

The execution of the training offers referred to in points (c) and (d) of the previous paragraph shall be financed by public subsidies granted by the State Employment Public Service under direct concession, compliance with the provisions of Royal Decree 357/2006 of 24 March on the direct award of certain grants in the fields of employment and occupational vocational training. For the application of the direct concession regime to other assumptions other than the one mentioned in this paragraph, it will be in accordance with Law 38/2003 of 17 November, General of Grants.

Article 23. Programming and management in the autonomic field.

1. In the field of autonomy, the provision of vocational training for employment will include training for unemployed and employed workers in the proportion to be determined by the Autonomous Communities according to the number of workers employed. find in each situation and, where appropriate, other objective circumstances.

Likewise, within the framework of this royal decree, it is up to the Autonomous Communities, in the exercise of their powers of self-organization, to determine the proportion of the workers to form through each one of the development paths of their training offer as set out in the following paragraph.

2. In addition to the training offer developed by the Administration itself as provided for in Article 9 (1) (a), the offer of vocational training for employment in the autonomous field includes:

(a) The training plans aimed primarily at the employed workers, according to the regulation contained in Article 24.

(b) Training actions primarily aimed at unemployed workers, as provided for in Article 25.

(c) Specific programmes to be established by the Autonomous Communities for the training of persons with special training needs or who have difficulties in their integration or retraining. In the execution of these programs, and in the terms established by the competent organ or entity of the respective Autonomous Community, the participation of local administrations and other public institutions or non-animus entities shall be encouraged. (a) for the purpose of the training or occupational integration of the workers ' groups to whom these programmes are directed.

(d) the programming of training actions which include recruitment commitments aimed primarily at the unemployed, by means of grants awarded by the competent body or body of the respective Autonomous Community; companies, their associations or other entities that acquire the said commitment to procurement.

3. The training plans and the specific programmes referred to in points (a) and (c) of the previous paragraph shall be financed by public grants, upon convocation by the competent authority of the respective Autonomous Community, in accordance with the regulatory bases to be established by the Order of the Minister for Labour and Social Affairs.

The training actions referred to in point (b) may be financed by grants, as laid down in the preceding paragraph, or by other financing arrangements to be determined by the Autonomous Communities.

The implementation of the programmes of training actions which include procurement commitments, as referred to in point (d) of the previous paragraph, shall be financed by public grants awarded by the competent body of the (a) the autonomous Community under direct concession, in accordance with the provisions of Royal Decree 357/2006 of 24 March, which regulates the direct award of certain grants in the fields of employment and employment, occupational vocational training. For the application of the direct concession regime to other assumptions other than the one mentioned in this paragraph, it will be in accordance with Law 38/2003 of 17 November, General of Grants.

This paragraph is without prejudice to the provisions of the second paragraph of Article 6.1 concerning the financing of training initiatives with own funds of the Autonomous Communities.

Article 24. Training plans aimed primarily at busy workers.

1. Training schemes aimed primarily at employed workers may be cross-sectoral and sectoral. The competent authorities may decide on the proportion of sectoral and inter-sectoral training actions included in their tender, taking into account the proposals made by the participation body provided for in Article 33.3.

The cross-sectoral training plans will be composed of training actions aimed at learning cross-sectoral competences in 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. In these plans, up to 10 percent of public administration workers will be able to participate in the total participants of each plan.

The sectoral training plans will be composed of training actions aimed at the training of workers in a particular productive sector, in order to develop training actions of general interest for the sector and meet specific training needs of the same. The competent authorities must ensure that the sectoral training plans which are developed at both the State and the regional level respect the general criteria and priorities set out in the framework of collective bargaining. State sector, as provided for in Article 35.1.c).

Specific actions programmed in a sectoral training plan may also be directed to the recycling and retraining of workers from sectors in crisis situations.

2. At the State level, the implementation of the training plans shall be carried out by means of agreements concluded in the framework of the National Employment System between the State Employment Public Service and the following organisations and entities:

(a) The most representative business and trade union organisations at the state level, in the case of cross-sectoral training schemes.

These plans will also be implemented through agreements signed with the representative organizations of the social economy with notable implementation at the state level and representative organizations of autonomous areas State and sufficient implementation, in which case the training will be directed specifically to the workers ' groups of the social economy and the self-employed, respectively.

(b) the most representative business and trade union organisations at the state level and the representative organisations in this field, in the case of sectoral training schemes, as well as the joint entities established or covered by the the framework of the state sector collective bargaining. In those sectors where there is no state sectoral collective bargaining, or the sector is not sufficiently structured, the measures necessary to ensure the training of supply in those sectors shall be articulated.

3. In the field of autonomy, and without prejudice to the powers of the Autonomous Communities, the implementation of the training plans shall be carried out within the framework of the conventions concluded between the competent body or body of the Community. Autonomous and the following organizations:

(a) The most representative business and trade union organisations at the state level and the most representative in the regional field, in the case of cross-sectoral training schemes.

These plans will also be implemented through agreements signed with the representative organizations of the social economy and the representative of the self-employed, in both cases with sufficient implementation in the autonomous and autonomous areas. for training specifically aimed at the collective workers of the social economy and the self-employed, respectively.

(b) the most representative and representative business and trade unions in the sector concerned, in the case of sectoral training plans, as well as the joint entities created or covered by the framework of the state sector collective bargaining.

4. The duration of the training plans may be multiannual, without prejudice to their annual implementation in order to meet the training needs required at any time by the labour market.

Article 25. Training actions aimed primarily at unemployed workers.

1. The priority objective of these training actions is the insertion or reintegration of unemployed workers into the jobs required by the productive system. The competent bodies or bodies of the Autonomous Communities shall schedule these training actions in accordance with the requirements of qualification and the job vacancies detected.

2. The educational offer regulated in this article will tend to include actions aimed at obtaining the certificates of professionalism referred to the National Catalogue of Professional Qualifications.

3. Agreements with companies, public or private, will also be strengthened in order to encourage the implementation of professional practices (including international ones), the exchange of technologies and expert personnel and the use of infrastructure and technical and material resources. Professional practices in companies will not, in any case, involve the existence of a working relationship between students and companies.

The agreement should describe the content of the practices, as well as their duration, place of performance and schedule, and the system of tutoring for their monitoring and evaluation. Prior to the commencement of the practices, the legal representatives of the employees in the company will be brought to the attention of the agreement, as well as a list of the students participating in the agreement.

Companies will be able to receive economic compensation per pupil/hour of practice, which will include the cost of underwriting a collective workplace accident policy.

4. Unemployed workers participating in the training measures provided for in this royal decree may receive aid in respect of transport, maintenance and accommodation, in the amount and conditions to be determined by means of the Minister for Labour and Social Affairs. Support may also be provided for the reconciliation of assistance to training with the care of children under the age of 6 years or dependent family members.

In addition to the above aid, the Ministerial Order will provide for the award of grants to persons with disabilities and to students in the public employment-training programmes covered by Article 28. Furthermore, in the framework of the specific programmes covered by Articles 22.1.b) and 23.2.c), the authorities responsible for establishing them may provide for the granting of such grants to certain groups of unemployed persons who participate. in customized vocational training pathways.

5. The compensation, aid and grants referred to in paragraphs 3 and 4 above will be financed under the direct concession scheme, in accordance with the provisions of Royal Decree 357/2006 of 24 March, which regulates the granting of aid to the (i) direct payments of certain grants in the fields of employment and occupational vocational training.

6. The programmes which are approved to the centres for the delivery of the training measures provided for in this Article may be of a multiannual duration, without prejudice to their annual concreteness in order to meet the training needs required in this Article. every moment for the labour market.

Section 4. Alternating Training with Employment

Article 26. Object of the alternance training.

1. Training in alternance is one which aims to contribute to the acquisition of occupational skills in the occupation by means of a mixed, employment and training process, which enables the worker to reconcile formal learning with professional practice in the workplace.

2. This training includes the training actions of the training contracts, as provided for in Article 11.2 of the recast text of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995, 24 of March, and the public employment-training programs carried out by the Public Administrations.

Article 27. Theoretical training of contracts for training.

1. The contents of the theoretical training of the training contracts must be linked to the training offer of the units of competence of the certificates of professionalism of the occupation related to the job or job provided for in the employment contract. If there is no certificate of professionalism, the theoretical training shall consist of the minimum indicative contents laid down in the file of training courses for occupations or specialties relating to the trade or job work covered by the contract and, failing that, by the training content determined by the companies and communicated to the State Employment Public Service for the purposes of their validation under the National Employment System.

Where the contract worker has not attained the objectives of compulsory secondary education, the theoretical training shall be aimed at the immediate completion of such education, in accordance with the provisions of the Article 11.2 of the Staff Regulations. For such purposes, educational administrations must ensure an offer adapted to this objective.

2. The time spent on theoretical training, which shall be provided outside the workplace, shall be fixed in the contract, in the light of the characteristics of the office or job to be performed, of the number of hours laid down, if any, for the training module suitable for such post or trade and the duration of the contract.

In no case shall such training time be less than 15 percent of the maximum day provided for in collective agreement or, failing that, the maximum legal day.

Respecting the above limit, collective agreements may determine the time spent on theoretical training and its distribution, establishing, where appropriate, the system of alternation or concentration of the same in respect of time of effective work. Theoretical training may only be concentrated in the final term of the contract where it has been agreed in the applicable collective agreement.

3. The practical training of contracts for training should be complemented by tutorial assistance which will be provided on the occasion of the effective work being carried out for the purpose of the employment contract.

4. The qualification or professional competence acquired through the contract for training shall be subject to accreditation in the terms laid down in Article 11 of this royal decree.

5. Firms may finance the cost of theoretical training by means of bonuses in the form of business contributions to social security, under the budget of the State Employment Service for the financing of bonuses in social security contributions received for employment promotion measures for employment contracts.

Through the Order of the Minister of Labour and Social Affairs, the formalities and requirements to be met by the training centres and the companies that apply the above bonuses will be established.

6. The evaluation, monitoring and control activities of the theoretical training of the training contracts will be carried out by the State Employment Public Service and the Autonomous Communities, according to the competitive distribution established in the Additional provision first.

Article 28. Public employment-training programmes.

1. The aim of the public employment-training programmes is to improve the skills and employment opportunities of certain unemployed groups. During the development of these programmes, the participating workers will receive appropriate vocational training for the occupation to be employed in alternance with work and professional practice.

These public employment-training programs will be governed by the provisions of their specific regulations as not provided for in this chapter.

2. The contents of the training of the public programmes referred to in the preceding paragraph shall be linked to the training offer of the units of competence of the certificates of professionalism of the occupation related to the trade or post. of work provided for in the employment contract. If there is no certificate of professionalism, the theoretical training shall consist of the minimum indicative contents laid down in the file of training courses for occupations or specialties relating to the trade or job work covered by the employment contract, and, failing that, by the training content approved by the Public Employment Service responsible for the respective employment-training project.

When the workers participating in the programmes have not achieved the objectives of compulsory secondary education, specific training programmes will be organised in accordance with the provisions of the legislation. regulatory of the education system.

3. The public employment-training programmes shall be financed by grants to the entities promoting them, under the heading provided for in the programmes for the promotion of employment in the budget of the Public Employment Service. State. The funds allocated to the financing of grants managed by the Autonomous Communities which are responsible for implementation shall be distributed in accordance with the provisions of Article 86 of Law 4/2003 of 26 November 2003. General Budget.

4. The qualification or professional competence acquired through the public employment-training programmes shall be subject to accreditation in the terms laid down in Article 11 of this royal decree.

5. The management of these programmes corresponds to the Autonomous Communities which have assumed the implementing powers, except in the cases referred to in Article 6.4 in which their management is reserved for the State Public Employment Service.

CHAPTER III

Support, accompaniment and complementary actions to training

Article 29. Studies of a general and sectoral nature.

1. The competent public administrations, with their own means, through the National Focal Points or through external contracts, will carry out the general and sectoral studies, in a comprehensive and coordinated manner for the whole of the National System of Qualifications and Vocational Training.

2. Within the framework of the annual work programme of the National Employment System, and in order to ensure the complementarity of the studies provided for in the previous paragraph, the State Employment Public Service and the competent bodies of the Communities They shall jointly develop the planning of the studies to be carried out in the field of vocational training for employment, detailing the funding and the bodies responsible for their implementation.

Article 30. Research and innovation actions.

1. In the framework of the general criteria and priorities proposed by the most representative and representative Business and Trade Unions in each sector under the umbrella of the state sector collective bargaining, the Ministry of Labour and Social affairs will carry out a multiannual planning of research and innovation activities which are of interest to the improvement of vocational training for employment, at sectoral or inter-sectoral level, or for the dissemination of the Vocational training subsystem for employment.

This planning will be carried out taking into account the proposals made by the Autonomous Communities within the Sectoral Conference on Labor Affairs and the Coordination and Monitoring Committees to which it is reference to Article 32.3.

This planning shall be submitted to the report of the participation body provided for in Article 33.

2. Through the Order of the Minister of Labour and Social Affairs, the regulatory bases for the award of grants to finance such actions will be established.

The management competence of these grants in the state area corresponds to the State Employment Public Service. In the event that the actions concern the exclusive territorial scope of an Autonomous Community, it shall be the corresponding organ or entity of the Autonomous Community competent to manage them.

3. Within the framework of the National Employment System, the State Employment Public Service shall establish, subject to the report of the body of participation provided for in Article 33.3, the instruments necessary to ensure coordination between actions which are (a) in the State and regional areas, to ensure that the actions implemented are complementary to them.

Article 31. Information and career guidance.

1. In the framework of the provisions of the Organic Law of June 19, of the Qualifications and of Vocational Training and in this royal decree, the Government will develop an integrated system of information and professional guidance that will ensure counselling for unemployed and employed workers, in relation to training and employment opportunities, and the opportunities for recognition and accreditation of their qualifications.

2. The integrated system of information and career guidance will be at the service of defining and implementing individual occupational pathways to improve the employability of workers, as well as the development of the spirit. entrepreneurship and support for entrepreneurial and self-employment initiatives.

3. In order to promote the development of an integrated system of vocational guidance and training, the actions of the Public Employment Services, which will set out the actions to be taken with the active population, its financing and participation, will be strengthened. of the social partners, as well as the role of the Integrated Vocational Training Centres and the National Focal Points in this field.

CHAPTER IV

Organization and participation structure

Article 32. Competent bodies for programming, management and control.

1. The State Employment Public Service, with the collaboration and technical support of the Tripartite Foundation for Training in Employment, will develop the functions of programming, management and control of vocational training for the employment of State competence.

2. In the field of autonomy, the bodies or entities responsible for the programming, management and control of vocational training for employment shall be those to be determined by the Autonomous Communities.

3. The State Employment Public Service and the competent bodies of the Autonomous Communities shall carry out their cooperation, coordination and cooperation in the field of vocational training for employment through the Sectoral Conference on Employment and Social Affairs. Labour, in accordance with Article 7.1.a) of Law 56/2003 of 16 December 2003 on Employment, and through the Coordination and Monitoring Committees regulated in the respective Royal Decree of Transfer of Duties and services in the field of management of training.

4. The competent public authorities shall ensure the participation of the most representative employers ' and trade union organisations in the manner provided for by those administrations in their respective fields of competence, Tripartite and peer-to-peer composition of the constituent bodies.

Article 33. Body for the participation of public administrations and the social partners.

1. The General Council of the National Employment System, as a consultative body and institutional participation in the field of employment policy, is the main body for consultation and participation of the public administrations and the partners. Social in the vocational training subsystem for employment.

2. The General Council of the National Employment System, in accordance with Article 7.1.b) of Law 56/2003 of 16 December 2003 on Employment, shall have the following tasks in the field of vocational training for employment:

(a) Vellar for the compliance with the provisions of this royal decree and in the remaining regulatory regulations of professional training for employment, as well as for the effectiveness of the general objectives of the system.

b) Issue a mandatory report on the draft standards of the vocational training subsystem for employment.

c) Inform and make proposals on the allocation of budgetary resources between the different areas and training initiatives foreseen in this royal decree.

(d) to inform, in a prescriptive manner, and to make proposals on the multiannual planning of the offer of vocational training for employment and of research and innovation activities, as provided for in Articles 21 and 30.1, respectively, as well as the annual plans which in the field of quality, evaluation and control are provided for in Articles 36.3, 37.2 and 38.1 of this royal decree.

e) Recommend measures to ensure proper coordination between the actions that in the framework of the present royal decree are carried out in the field of the State and in that of the Autonomous Communities.

f) Acting in coordination with the General Council of Vocational Training for the development of the essential actions and instruments of the National System of Qualifications and Vocational Training.

g) Approve the sectoral map to improve the rationality and effectiveness of the Joint Commissions provided for in Article 35.

h) Determine the criteria and conditions to be met by the State Sectoral Joint Commissions for the purpose of their funding.

i) Meeting the annual reports on the programming, management, control and evaluation of vocational training for employment developed both in the State and the Autonomous Community, as well as drawing conclusions and proposing recommendations on the operation of the subsystem.

(j) Any other functions related to compliance with the principles and purposes of the subsystem, in order to maintain their consistency and linkage with the National System of Qualifications and Vocational Training.

3. For the purposes of the development of these tasks, the State Employment Training Commission shall be set up within the General Council, maintaining the joint and tripartite nature of the Council in its composition and arrangements for the adoption of agreements.

Article 34. The Tripartite Foundation for Training in Employment.

1. The Tripartite Foundation for Training in Employment, belonging to the State Public Sector, is tripartite and its Board of Trustees is constituted by the Public Administration (with representation of the Ministry of Labour and Social Affairs and The Autonomous Communities) and the most representative employers ' and trade unions.

The arrangements for the adoption of agreements shall be that provided for in their Statute, with their President voting in the event of a tie.

2. The Chair shall be responsible for the Director-General of the State Employment Public Service. There will be two vice presidents, one of which will be representatives of the employers ' organizations and the other of the unions.

The President will coordinate the Management of the Tripartite Foundation with the General Subdirectorate of the State Employment Public Service responsible for vocational training for employment.

The Management of the Foundation will be appointed by the Board of Directors, on a proposal from the Directorate General of the State Employment Public Service, among official staff of the General Administration of the State. This appointment will be reported to the Sectoral Labour Affairs Conference.

3. Within the framework of the provisions of Law 50/2002 of 26 December of Foundations and without prejudice to the implementing powers for the Autonomous Communities in the field of vocational training for employment, the Tripartite Foundation For Training in Employment, the following activities shall be carried out, inter alia:

(a) Technical assistance and assistance to the State Employment Public Service in its planning, programming, management, evaluation, monitoring and control activities of the training initiatives provided for in the actual present decree, as well as in the preparation of the annual report on these activities.

In particular, acting as a contributing entity 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 the framework of what is foreseen in the actual present decree. 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 the concession and the payment of the grants. For these purposes, both entities shall enter into the corresponding collaboration agreement in accordance with the provisions of Articles 12 et seq. of Law 38/2003 of 17 November, General of Grants.

b) Support technically the State Employment Public Service in the design and implementation of the telematic means necessary for the companies and the organizing entities to carry out the communications of start and end of the training received in the system of bonuses, guaranteeing in any case the security and confidentiality of the communications.

c) Raise the proposed State Employment Public Service with regulatory resolutions and instructions regarding the employment training subsystem for employment, as well as prepare the reports required for them.

d) Contribute to the promotion and dissemination of the vocational training subsystem for employment between enterprises and workers.

e) To provide technical support, as required, to the Public Administrations and to the business and trade union organizations present in the participation body referred to in Article 33.3, as well as to the represented in the Board of Trustees of the Tripartite Foundation and the State Joint Committees.

f) Providing assistance and advice to SMEs by enabling their access to vocational training for employment, as well as technical support to the administrative bodies responsible for guidance to workers.

g) Collaborate with the State Employment Public Service to promote the improvement of the quality of vocational training for employment, in the compilation of statistics for state purposes, and in the creation and maintenance of State register of training centers regulated in article 9.2 of this royal decree.

h) Participate in national and international forums related to vocational training for employment.

Article 35. Joint Committees.

1. In the framework of collective bargaining at the state level, through collective agreements or concrete agreements on training of equal scope that could be subscribed by the most important employers ' and trade union organizations. representative and representative in the sector concerned may constitute State or other sectoral Joint Committees.

These Joint Committees shall, in the field of the vocational training subsystem for employment, have the following tasks:

(a) To intervene in the mediation of the alleged discrepancies referred to in Article 15 (5).

(b) Know the vocational training for employment that is carried out in their respective fields.

c) Set the guiding criteria and general priorities of the sectoral training offer to workers.

d) Participate and collaborate in activities, studies or research of a sectoral nature and make proposals in relation to the National System of Qualifications and Vocational Training and the National Focal Points corresponding to their respective areas.

e) Develop an annual memory on the training corresponding to its scopes.

f) Meeting the group of companies in their sector provided for in Article 16.2.

g) Any other ones that are attributed to them by the development regulations of this royal decree.

2. In the framework of the management of vocational training for employment developed at the State level, the State Joint Committee, provided for in the Fourth National Training Agreement, may act in those areas or sectors where it is not articulated the collective state collective bargaining.

CHAPTER V

Quality, assessment, monitoring and control of training

Article 36. Quality of training.

1. The actions, both training and support, which are carried out and developed according to what is established in this royal decree, must have the quality required for the professional training for employment to respond to the needs of the of the employed and unemployed workers and of the enterprises.

Training and support and support actions should be developed through the appropriate procedures and methodologies, with the staff and the teaching, technical and material resources most appropriate to their characteristics.

2. The competent public authorities shall promote, in their respective fields, the improvement of the quality of vocational training for employment, in terms of content, duration, teachers and facilities, as well as the measurement of their results.

3. In order to promote the quality of vocational training for employment, the State Employment Service, taking into account the proposals of the Autonomous Communities in the framework of the annual work programme of the National Employment System, develop a plan for the improvement of the teaching staff that provides training actions and for the development of a technical-didactic methodology oriented to it. When the actions of the aforementioned plan are directed to trainers of two or more Autonomous Communities, they will be implemented through the National Focal Points, which will receive the funding agreed within the State Employment Service. the respective Coordination and Monitoring Committees, and when specifically targeted at trainers from an Autonomous Community, will be managed in the autonomous field.

For the same purpose, the competent authorities shall establish, within the framework of the said annual work programme, a plan for the provision and equipping of training centres in accordance with the needs of adaptation to the technological and organizational changes in the work. In the event that such equipment and equipment is financed through grants to the training centres for vocational training for employment, their regulation will be carried out through the Order of the Minister for Labour and Social Affairs. Social, without prejudice to the implementing powers of the Autonomous Communities.

These annual plans shall be submitted to the report of the participation body provided for in Article 33.

Article 37. Assessment of the occupational training subsystem for employment.

1. Within the framework of the National Employment System, the State Employment Public Service and the competent bodies of the Autonomous Communities will assess the impact of training on access and maintenance of employment, and on improving the competitiveness of enterprises, the effectiveness of the system in terms of the scope of training and the adequacy of actions to the needs of the labour market and of enterprises, as well as the efficiency of the economic resources and the means used.

2. The State Employment Public Service, with the corresponding bodies or entities of the Autonomous Communities, shall annually draw up an assessment plan for the quality, impact, effectiveness and efficiency of the training subsystem as a whole professional for employment, which can be used to make improvements in its operation.

This annual plan shall be submitted to the report of the participation body provided for in Article 33.

3. In the evaluation of the quality of the training actions, the students themselves will participate according to the standards established by the competent public administrations, which will be recorded in the documentation corresponding to each group.

4. Without prejudice to external evaluations carried out by independent entities after the completion of the training, the entities responsible for implementing the vocational training plans for employment shall carry out, during its implementation, an assessment and control of the quality of the training to be carried out, the part of the amount of the grant to be allocated for that purpose being determined in the call.

Article 38. Monitoring and control of training.

1. The competent authorities in the field of work will develop the control and follow-up actions of the training actions, and of support and support regulated in this royal decree. With regard to training co-financed by the European Social Fund, they shall organise the management, verification and control systems in accordance with the provisions of the European Union legislation.

For the purposes of this paragraph, the State Employment Public Service and the competent bodies of the Autonomous Communities shall draw up, within the framework of the annual work programme of the National Employment System, a plan monitoring and control of vocational training for employment.

2. The provisions of the above paragraph are without prejudice to the actions which the various bodies of audit and control which have been assigned to them may be carried out by the various bodies responsible for vocational training in the field of employment. State and regional authorities, as well as the bodies and institutions of the European Union in respect of training co-financed by the European Social Fund.

3. The monitoring and control of vocational training for the employment referred to in this article should be carried out in a comprehensive and coordinated manner by the relevant administrations and entities, seeking to rationalize efforts and unify criteria. in the actions to be carried out.

Article 39. Information and statistics.

1. The Autonomous Communities shall provide the State Employment Public Service, as a promoter of the Operational Programmes of the European Social Fund, with all the information, documentation and certifications necessary for the justification. of the actions co-financed by the Fund.

2. The Autonomous Communities will have to provide the Public Employment Service with information on the training developed in their respective areas, so that their coordination and integration with the statistical information of the State set.

For their part, the State Employment Public Service will provide the Autonomous Communities with information on the training executed in the State as a whole, including the one that is executed through the State Employment Public Service. in the territorial scope of each Autonomous Community.

Additional disposition first. Competitive distribution in training initiatives funded by bonuses in Social Security contributions.

Within the National Employment System, it is up to the General Administration of the State, through the Public Service of State Employment, to carry out the activities of evaluation, monitoring and control of the training financed by means of subsidies in the social security contributions which are applied by firms which have their centres of work in more than one Autonomous Community.

The Autonomous Communities shall carry out such assessment, monitoring and control activities when the companies have all their work centres within the scope of the same Autonomous Community, without prejudice to the State exclusive of the economic system of social security.

Additional provision second. State registration of training institutions and institutions.

In the State Register of training centers and entities, provided for in Article 9.2 of this royal decree, the census of the collaborating centers of occupational vocational training of the Public Employment Service will be integrated. State.

Additional provision third. Organizing entities in the training of demand.

Without prejudice to the provisions of Article 16.2, the status of an organizing entity shall also be provided by the entities or undertakings which, having the training within their social object prior to 1 January 2003, are have been constituted as such under Royal Decree 1046/2003 of 1 August 2003, which regulates the subsystem of continuing vocational training and its implementing rules.

Additional provision fourth. Establishment of the participation body of the Public Administrations and the Social Partners.

The participation body of the Public Administrations and the Social Partners provided for in Article 33 shall be constituted within one year of the publication of this royal decree. As long as it is not established, the tasks entrusted to it by this royal decree shall be carried out by the Tripartite Continuing Training Commission, in which case the Autonomous Communities shall be incorporated in that Commission.

Additional provision fifth. Coordination and monitoring committees.

As of the entry into force of this royal decree and for the purposes of the present decree, the current Commissions for the coordination and monitoring of the Occupational and National Centres will be transformed into Commissions for the coordination and monitoring of vocational training for employment.

Additional provision sixth. Compilation of statistics.

The State Employment Public Service, within the framework of the National Employment System, will take the necessary measures to ensure that statistics produced in the field of the entire State of the State include not only training carried out in the framework of this royal decree, but also the one carried out by the companies with their own financing and the Public Administrations for their employees.

Additional provision seventh. Tripartite Foundation for Training in Employment.

The Tripartite Foundation for Training in Employment is authorised to take the necessary technical and economic measures from the date of entry into force of this standard and from its budget. in order to adapt its statutes, functioning, organic structure and relation of jobs to the established in the present royal decree.

Additional disposition octave. Adoption of measures for the total implementation of funds from the vocational training quota.

The government will articulate the formulas and measures necessary to ensure that the funds to be used for the training of employment from the vocational training quota are applied in full to the financing of the the training initiatives taken in this royal decree.

Additional provision ninth. Persons with disabilities.

In the development of this royal decree the competent administrations will adopt those adaptation measures that are necessary to facilitate and encourage the participation of people with disabilities in the actions of vocational training for employment.

Additional provision 10th. Direct grant.

The references to Royal Decree 631/1993 of 3 May, which regulates the National Plan for Vocational Training and Insertion, contained in Royal Decree 357/2006 of 24 March, which regulates the granting of the (i) direct payments of certain grants in the fields of employment and occupational vocational training shall be construed as being made to this royal decree in the articles governing the same matters.

In addition, references to occupational vocational training will be understood as a result of vocational training for employment.

First transient disposition. Transitional arrangements for procedures.

1. The procedures for granting grants in respect of occupational training and continuing training initiated prior to the entry into force of the implementing legislation of this royal decree shall be governed by the provisions of the above rules. application. The procedures shall be understood as starting with the publication of the relevant calls.

2. The training of demand starting from January 1, 2007 will be governed by the provisions of this royal decree and in the regulations that will develop it.

Second transient disposition. Sector map.

As long as the sectoral map referred to in Article 33.2.g is not approved, this royal decree calls for the granting of public subsidies for the implementation of actions for the formation of a The sector will facilitate the presentation in this field of joint proposals that bring together several related sectors, taking as a point of reference, where appropriate, the Professional Families established in the National Catalogue of Qualifications Professionals.

Transitional provision third. National Vocational Training Centres.

The National Centres for Occupational Vocational Training, which are regulated in Article 17 of Royal Decree 631/1993 of 3 May, which regulates the National Plan for Vocational Training and Insertion, will continue with their status. The law and the affectation of the same to functions of a national character as long as they do not acquire the condition of Centers of National Reference in accordance with what is established the normative of development of article 11.7 of the Law of the Organic Law of 19 of June, of Qualifications and of Vocational Training.

Transitional disposition fourth. Evaluation, monitoring and control of training initiatives financed by means of subsidies on social security contributions.

The implementation by the Autonomous Communities of the assessment, monitoring and control activities resulting from the distribution of competence established in the first provision may be deferred until such time as the the transfer to the same of the means and resources necessary for the performance of those activities.

Transient disposition fifth. Determination of the credit of bonuses for the 2007 financial year.

For the financial year 2007 the credit of the companies to develop the training of demand provided for in Section 2. of Chapter II of this royal decree will result from applying to the amount entered by the company in vocational training during the year 2006, the percentage of bonus which, depending on the size of the companies, is set out below:

a) Companies of 250 or more workers: 50 percent.

b) From 50 to 249 workers: 60 percent.

c) From 10 to 49 workers: 75 percent.

d) From 6 to 9 workers: 100 percent.

Companies from 1 to 5 workers will have a bonus credit per company of 420 euros, with the following temporary scope: For companies of 1 and 2 workers, the said credit is allocated for a period of 3 and 2. years, respectively, to be counted since 1 January 2007. For companies of 3 to 5 employees, the credit is allocated on an annual basis.

For the determination of the credit in the cases of companies that open new job centers and newly created companies, as provided for in Article 13.2 of this royal decree, will be taken as a reference for the year 2007. amount of EUR 65 for each newly incorporated worker.

Companies that grant individual training permits for their employees during 2007 will have additional credit in the terms of Article 13.3 of this royal decree. This appropriation is intended to be used for the purposes of the general budget of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament. financing of bonuses in social security contributions by continuing training.

Single repeal provision. Regulatory repeal.

1. All rules of equal or lower rank are repealed in what they contradict or oppose to the provisions of this royal decree.

2. The following provisions are expressly repealed, and the rules that develop them:

(a) Royal Decree 1046/2003 of 1 August, for which the subsystem of continuing vocational training is regulated.

(b) Royal Decree 631/1993 of 3 May, which regulates the National Plan for Vocational Training and Insertion.

(c) Articles 10 and 12 of Royal Decree 488/1998 of 27 March 1998 implementing Article 11 of the Staff Regulations of Workers in the field of training contracts.

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.7. of the Constitution, which attributes exclusive competence to the State in matters of labor law. Articles 12.1, 13, 15, 4 and 5, 16, 17 and 27.5 are given in accordance with Article 149.1.17 of the Constitution, which gives the State the basic legislation and the economic system of social security.

Final disposition second. Enabling regulatory development.

The Minister of Labour and Social Affairs is enabled to dictate how many rules are necessary for the development and implementation of what is foreseen in this royal decree.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 23 March 2007.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

JESUS CALDERA SANCHEZ-CAPTAIN