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Order Tas/3869/2006, Of 20 December, Which Establishes The Tripartite Advisory Committee Of The Inspection Of Labour And Social Security.

Original Language Title: ORDEN TAS/3869/2006, de 20 de diciembre, por la que se crea la Comisión Consultiva Tripartita de la Inspección de Trabajo y Seguridad Social.

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In the Declaration for Social Dialogue, signed on 8 July 2004, between the Government and the Social Agents, it was included among the measures that needed to be taken to achieve the objectives set out in the Declaration for Social Dialogue. upgrading and improving the functioning of the Labour and Social Security Inspectorate and the involvement of the social partners. Law 42/1997, of 14 November, authorising officer of the Labour and Social Security Inspectorate, sets out this as a public service to which it is appropriate to exercise the supervision of compliance with the rules of social order and to require the relevant responsibilities, as well as advice and, where appropriate, arbitration, mediation and conciliation in such matters, which shall be carried out in accordance with the principles of the social and democratic rule of law enshrined in the Constitution Spanish, and with the Conventions numbers 81 and 129 of the International Labour Organization. For its part, the Convention No. 81 of the International Labour Organisation states in its Art. 5 that the Competent Authority of the Labour Inspectorate must take the necessary measures to promote the collaboration of civil servants inspection with employers and workers or their organizations. The Communication from the European Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the practical implementation of the provisions of the Health and Safety Directives at work 89 /31 (Framework Directive), and other specific Directives of 5 February 2004 (COM (2004) 62 final), states that the effectiveness of the Labour Inspectorate should be measured not only through the quantity and quality of the inspections but also in the their impact on the increase in the knowledge of the actors involved and the changes in the attitudes and organisation of companies to improve the working environment. Finally, the Common Principles of the Labour Inspectorate for Safety and Health at Work, adopted by the Committee of Senior Inspectors of the Inspectorate at Maastricht on 3 November 2004, provide for the Labour Inspectorate strategies must be transparent to the social partners and effective relations with the social partners must be established to take advantage of their experience, take into account their priorities and secure their support. The most representative employers 'and employers' organisations, as well as the Autonomous Communities, have been consulted. Consequently, in order to comply with the agreements reached at the Social Dialogue Table, in accordance with the provisions of the article. 40 of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, and after the approval of the Minister of Public Administrations, I have:

First. Creation and membership.-The Tripartite Consultative Commission of the Labour and Social Security Inspectorate is hereby established as an advisory Collegial Authority, attached to the Central Authority of the Labour and Social Security Inspectorate.

Second. Composition and structure. The Commission shall be composed, in a tripartite manner, by representatives of the General Administration of the State and the most representative business and trade union organizations, with the following composition:

1. The General Administration of the State shall be vocal and members of the Commission: The head of the Directorate-General of the Inspection of Labor and Social Security in his capacity as Central Authority of the same.

The head of the General Directorate of Labour. The head of the Directorate-General for the Management of Social Security. The head of the Directorate General of the State Employment Public Service. The head of the Directorate-General for Immigration. The head of the Directorate of the National Institute of Safety and Hygiene at Work. Two officials of the System of Inspection of Labor and Social Security, with the rank of Deputy Director General, appointed by the latter. In the event of no attendance by the members, they will be replaced by officials of the respective Directive Centers, with the rank of Deputy Director General.

2. On the part of the Social Agents:

Representatives of the most representative business organizations.

Representatives of the most representative trade union organizations.

3. The determination of the number of members shall be made in such a way as to respect the tripartite character and, as far as trade union organisations are concerned, in proportion to the representativeness they hold.

4. The term of office of the non-born members of the Commission shall be four years. This mandate may be renewed. These members shall be appointed by the Minister for Labour and Social Affairs on a proposal from the most representative employers ' and trade unions. 5. The Commission shall be invited to participate in the working meetings of the Commission on behalf of the Autonomous Communities to the President and the Spokesman of the Labour Commission for the Inspection of Work and Social Security to which the Law refers. 42/1997 of 14 November 1997 or, failing that, to those designated by agreement of that Commission. 6. The President of the Commission shall be the head of the Directorate-General of the Labour and Social Security Inspectorate as a Central Authority of the same and three Vice-Presidents, one for each group which is part of it, and the Vice-Presidency of the Commission. the General Administration of the State in the holder of the Directorate-General for Work. 7. He shall be the Secretary of the Commission, an official of the Central Authority of the Labour and Social Security Inspectorate, who shall provide technical and administrative support to the Commission. 8. In the event of vacancy, absence, sickness or other legal cause, the President shall be replaced in accordance with the rules expressly adopted by the plenary of the Commission, in accordance with the provisions of Article 23 of Law No 30/1992 of 26 November 1992. Legal status of public administrations and the common administrative procedure.

Third. Functions. The Commission shall be aware of the actions of the Central Authority in the field of Labour Inspection and Social Security in the various fields, and its tasks shall be to advise and formulate proposals and reports on:

Design of strategies for the work of the Labour and Social Security Inspectorate.

Priorities and objectives of general scope of the Labour and Social Security Inspectorate, inspection campaigns, and performance of inspection activities in companies with a supra-regional level. Human resources and materials of the Inspection System, as well as the selection and training processes of the inspector personnel. Regulatory projects directly affecting the System of Inspection of Work and Social Security, as well as criteria and operational guidelines of the Labour and Social Security Inspectorate.

Fourth. Operation. The Commission shall act in plenary session, meeting at least twice a year upon convocation of its President, and, on an extraordinary basis, at the initiative of the President or on the proposal of any of the parties to it.

Fifth. Legal regime.-Without prejudice to the provisions of this Order, the legal regime and action of the Commission shall be in accordance with the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Administrations Public and the Common Administrative Procedure. Sixth. Economic compensation for attendance at meetings.-The representatives of the trade union and business organisations represented in the Commission will receive an economic compensation equal to that established by their participation in other bodies Consultative work of the Ministry of Labour and Social Affairs. Seventh. Public expenditure. The functioning of the Commission shall be addressed to the budgetary appropriations of the Ministry of Labour and Social Affairs, without any increase in public expenditure, except as may result from the application of the sixth of this order.

Eighth. Entry into force. This Order shall enter into force on the day of its publication in the "Official Gazette of the State".

Madrid, 20 December 2006.-The Minister of Labour and Social Affairs, Jesús Caldera Sanchez-Capitan.