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Order Tas 3698/2006, Of 22 November, Which Regulates The Registration Of Non-Eu Foreign Workers In The Public Services Of Employment And Placement Agencies.

Original Language Title: Orden TAS/3698/2006, de 22 de noviembre, por la que se regula la inscripción de trabajadores extranjeros no comunitarios en los Servicios Públicos de Empleo y en las Agencias de Colocación.

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TEXT

The Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration, reformed by Organic Laws 8/2000 of 22 December, 11/2003, 29 September and 14/2003, of 20 September. November, in its article-10.1, provides that foreigners who meet the requirements laid down in this Law and in the provisions which develop them shall have the right to pursue a paid activity on their own or foreign account, as well as the access to the social security system, in accordance with current legislation.

Likewise, Article 36 of the Organic Law 4/2000, provides that foreigners over the age of sixteen who wish to exercise in Spain any gainful, employment or professional activity, need to obtain the corresponding administrative authority to work.

All this determines that foreigners are unable to work as long as they do not obtain the required authorization, which entails the granting by the labor authority of an authorization to work for the appropriate class in the function of the type of activity to be developed, or of an exception to the obligation to obtain such authorisation to work.

From the above it is inferred that the regime of administrative authorizations commented has an undoubted impact on the worker's working life and on the recognition and enjoyment of his social rights.

Furthermore, the Regulation of the Organic Law 4/2000, approved by Royal Decree 2393/2004 of 30 December, allows to modify certain situations of foreigners in Spain by accessing an authorization of residence and work provided that there is a contract or offer of employment of the employer to ensure that the worker has continued activity during the period of validity of the authorisation to reside and work.

On the other hand, and taking into account that the organization of the National Employment System revolves around the registration of the plaintiffs in the corresponding public employment services for labor intermediation, access to services to improve their employability and, where appropriate, to unemployment benefits, it is necessary to clarify the way in which the applicants for foreign employment are subject to this procedure.

In its virtue and in accordance with the powers conferred on the final disposition of Royal Decree 2393/2004 of 30 December, approving the Regulation of the Organic Law 4/2000 of 11 January on rights and freedom of foreign nationals in Spain and their social integration, consulted by the autonomous communities, as well as the most representative trade unions and employers ' organisations, prior to the report of the Ministry of the Interior and the Commission Interministerial of Extranjería and prior approval of the Minister of Public Administrations, I have:

Article 1. Scope of application.

1. For the purposes of this Ministerial Order, non-Community nationals, over sixteen years of age, may be registered as jobseekers in the public employment services and in the placement agencies and in the application of the current regulations on the permanence and work of foreigners in Spain, have recognized the right of access to the labour market.

2. Foreign workers are considered for the purposes of applying this Ministerial Order, to any natural person lacking the Spanish nationality and not being nationals of the Member States of the European Union, nor of the other states party to the Agreement on the European Economic Area, whether or not to pursue a gainful, employment or professional activity in Spain, either on its own or at the expense of others.

3. Similarly, foreign workers, for the purposes of applying this ministerial order, are considered to be nationals of Member States who are subject to transitional periods for the free movement of persons. workers, for the duration of such periods.

4. The provisions of this standard shall be understood in any case, without prejudice to the provisions of special laws and international treaties in which Spain is a party.

Article 2. Accrediting documents giving access to the labour market.

1. The right of access to the labour market referred to in the previous article is given in the possession of an administrative authorization to work, or, not being in possession of it and being legally in Spain, to be in terms of access to it.

2. The following documents may be entered as jobseekers in the public employment services and in the placement agencies, the holders of employment, the following documents, during the period of validity of the same or with the conditions laid down in this Article. Order:

(a) Authorisation of permanent residence, accredited with the identity card abroad or with the decision granting such authorisation, as provided for in Article 3 of this Order

(b) Authorisation of temporary residence, accredited with the identity card abroad or with the decision granting such authorisation, as provided for in Article 4 of this Order.

(c) Authorisation of temporary residence by virtue of family reunification, accredited with the identity card of Foreign Countries or with the decision granting such authorization, as provided for in Article 5 of the Order

(d) Authorization of temporary residence for exceptional circumstances: for humanitarian reasons, in collaboration with the administrative, police, fiscal or judicial authorities, or for reasons of public interest or security national, accredited with the identity card abroad or with the decision granting such authorisation, as provided for in Article 6 of this Order.

(e) Authorisation of temporary residence for exceptional circumstances for reasons of rootedness and for reasons of international protection, credited with the identity card abroad or with the resolution for which it is granted such authorisation as provided for in Article 7 of this Order

(f) Authorisation of temporary residence and work as an employed person, accredited with the identity card abroad or with the decision granting such authorisation, as provided for in Article 8 of this Regulation. Order

(g) Authorisation of temporary residence and self-employment, accredited with the identity card abroad or with the decision granting such authorisation, as provided for in Article 9 of this Regulation. Order

(h) Authorisation of temporary residence in favour of an unaccompanied alien, at work age, accredited with the identity card abroad or with the decision granting such authorisation, or accreditation of the services of the protection of minors of the Autonomous Community, as provided for in Article 10 of this Order

i) Visado for the search for employment directed to son or grandchild of Spanish of origin, or visa for the search for employment for certain sectors of activity or occupations, as provided for in Article 11 of this Order

j) Authorization for research and studies accredited with the visa for study or with the identity card abroad, as provided for in article 12 of this Order.

(k) Authorisation of temporary residence with the exception of the work authorisation, accredited with the identity card abroad or with the decision granting such authorisation, as laid down in the Additional provision of this Order.

l) Document of the asylum seeker on which the registration "authorizes to work", as set out in Article 13 of this Order.

m) Identity document of refugees and family members to whom the family extension has been recognized to reside in Spain, as set out in Article 14 of this Order.

n) The identity card of stateless persons, as set out in Article 15 of this Order.

3. The documents referred to in paragraph 2 (k) shall permit the registration as a jobseeker by reason of their status as applicants or beneficiaries of unemployment benefits, as provided for in the additional provision First of this Order.

4. Whenever required, the worker must have the certificate duly approved or provide the training required for the exercise of the profession.

5. Prior to the start of the employment activity, the employer who will hire these workers, will be responsible according to the case, to check the validity of the authorizations, the requirements of employment activity and territorial scope for which it goes to be hired, or obtain the application for authorization of residence and work for an employed person, according to the different requirements and procedures laid down in the Regulation of the Organic Law 4/2000, of January 11.

Article 3. Permanent residence permit.

1. Persons may be registered as jobseekers in order to work for an employed person, without any limitation, except where the foreign holders of an authorization of permanent residence, of the right of residence, are entitled to a permanent residence permit. in accordance with Article 71 of the Regulation of the Organic Law 4/2000, approved by Royal Decree 2393/2004 of 30 December, which enables foreign holders of a permanent residence permit to be able to work without need to request a job authorization.

2. The holders of the expired authorisations referred to in the previous paragraph may also be registered as jobseekers when they prove that they have applied for the renewal of the application with a copy of the application.

The renewal must have been requested at an advance of 60 calendar days prior to the date of its expiry, but may have been requested within three months after the date on which the renewal was completed. Article 74 (2) of the Rules of Procedure of the Organic Law 4/2000, of 11 January.

The validity of this renewal application for registration as a jobseeker shall be up to the following three months from the date of filing of such application in the register of the competent body for processing or until their resolution.

3. After the period of three months indicated in the preceding paragraph, if the application has not been resolved, it shall be deemed to be estimated in accordance with paragraph 2 of the first provision of the Organic Law 4/2000 of 11 January 2000, and, Therefore, the holders of these expired authorisations may also be registered as jobseekers with the certificate attesting to the renewal for this reason.

4. They may also be registered as jobseekers with the application for a permanent residence permit provided that they are covered by Article 72 (1) of the Regulation of the Organic Law 4/2000, which refers to the the right to obtain a permanent residence permit for having resided legally and continuously in Spanish territory for five years provided that the Administration has not expressly resolved within three months of the submission of the request for the understanding that the resolution is favourable, in accordance with the provisions of Article 73.5 of the abovementioned Regulation, together with the certificate of the administrative silence of the application for the authorisation of permanent residence.

5. They may also be registered as jobseekers with their own application for permanent residence permits provided that they are covered by Article 72 (3) (a) and (3) (b) of the Regulation of the Organic Law 4/2000, which they do reference to the right to obtain a permanent residence permit for foreign residents who are beneficiaries of a contributory pension pension included within the protective action of the Spanish Social Security system; or of a contributory pension of permanent incapacity or of great invalidity included within the of the protective action of the Spanish Social Security system or of similar benefits to the former, obtained in Spain and consisting of a life income, not capitalizable, when the Administration has not expressly resolved in the three months from the date of the submission of the application for it to be understood that the decision is favourable, in accordance with the provisions of Article 73.5 of the abovementioned Regulation, together with the certificate of silence the administrative authority of the application for permanent residence authorisation.

6. Public employment services and placement agencies may offer any service to the registered applicants referred to in this Article.

Article 4. Temporary residency authorization.

1. Persons entitled to work for an employed person may be registered as jobseekers without any limitation, except in respect of the validity of the residence permit itself, the foreign holders of a temporary residence permit which have at least one year of legal residence, in accordance with the provisions of Article 96.1 of the Regulation of the Organic Law 4/2000, approved by Royal Decree 2393/2004 of 30 December, which enables foreign holders to apply of a residence permit bearing at least one year's legal residence in access to the situation of residence and work as an employee when the employer, as a legitimate subject, submits an application for authorisation to reside and work and the requirements of Article 50, except paragraphs (a) and (f), are met.

2. The holders of the expired authorisations referred to in the previous paragraph may also be registered as jobseekers when they prove that they have applied for the renewal of the application with a copy of the application.

The renewal must have been requested at an advance of 60 calendar days prior to the date of its expiry, but may have been requested within three months after the date on which the renewal was completed. Article 37 (1) and (5) of Article 37 of the Regulation of the Organic Law 4/2000 of 11 January 2000.

The validity of this renewal application for registration as a jobseeker shall be up to the following three months from the date of filing of such application in the register of the competent body for processing or until their resolution.

3. After the period of three months referred to in the preceding paragraph, if the application has not been resolved, it shall be deemed to be estimated and, therefore, the holders of these expired authorisations may also be entered as jobseekers. the certificate certifying the renewal for this reason, referred to in Article 37.7 of the said Regulation.

4. They may also be registered as jobseekers in order to work for an employed person, without any limitation, other than that arising from the validity of the authorization of temporary residence, the foreign nationals holding an authorization to residence which has less than one year of legal residence and which warrants, by means of accreditation issued by the competent body, a need, due to circumstances over time, to work to ensure their subsistence, as established in the Article 96.1 of the Regulation of Organic Law 4/2000.

5. Public employment services and placement agencies may offer any service to the registered applicants, referred to in this article.

Article 5. Authorisation of temporary residence by virtue of family reunification.

1. Persons entitled to work for an employed person may be registered as jobseekers without any limitation, except in respect of the validity of the residence permit itself, the foreign nationals holding a temporary residence permit by have been regrouped even if they have been granted less than one year of legal residence, in accordance with Article 96.3 of the Regulation of the Organic Law 4/2000, which enables foreign nationals to hold temporary residence permits by have been regrouped, even if they take less than one year of legal residence, to access the status of residence and work as an employed person when the employer, as a legitimate subject, submits an application for authorisation to reside and work and the requirements of Article 50, except paragraphs (a) and (f), are met.

2. The holders of the expired authorisations referred to in the previous paragraph may also be registered as jobseekers when they prove that they have applied for the renewal of the application with a copy of the application.

The renewal must have been requested at an advance of 60 calendar days prior to the date of its expiry, but may have been requested within three months after the date on which the renewal was completed. Article 44 (1) and (5) of Article 44 of the Regulation of the Organic Law 4/2000 of 11 January.

The validity of this renewal application for registration as a jobseeker shall be up to the following three months from the date of filing of such application in the register of the competent body for processing or until their resolution.

3. After the period of three months referred to in the preceding paragraph, if the application has not been resolved, it shall be deemed to be estimated and, therefore, the holders of these expired authorisations may also be entered as jobseekers. the certificate certifying the renewal for this reason, as referred to in Article 44.5 of the said Regulation.

4. Public employment services and placement agencies may offer any service to the registered applicants, referred to in this Article.

Article 6. Authorisation of temporary residence for exceptional circumstances: for humanitarian reasons, in collaboration with the administrative, police, fiscal or judicial authorities; or for reasons of public interest or national security.

1. Persons entitled to work for an employed person may be registered as jobseekers without any limitation, except in respect of the validity of the residence permit itself, the foreign nationals holding a temporary residence permit by exceptional circumstances for humanitarian reasons, in collaboration with the administrative, police, fiscal or judicial authorities or where there are grounds of public interest or national security referred to in paragraphs 4 and 5 Article 45 of the Regulation of Organic Law 4/2000, in accordance with the provisions of the Article 98.3 enabling foreign nationals who hold a temporary residence permit to carry, at least, one year in a legal residence, to access the situation of residence and work as an employed person when the employer, as subject, this application for authorisation to reside and work and the requirements of Article 50, except paragraphs (a) and (f), are met.

2. The holders of these expired authorisations may also be entered as jobseekers when they prove that they have applied for the renewal of the application.

The renewal must have been requested at an advance of 60 calendar days prior to the date of its expiry, but may have been requested within three months after the date on which the renewal was completed. validity, as set out in Article 47.4 of the Regulation of Organic Law 4/2000, of 11 January.

The validity of this renewal application for registration as a jobseeker shall be up to the following three months from the date of filing of such application in the register of the competent body for processing or until their resolution.

3. After the period of three months referred to in the preceding paragraph, if the application has not been resolved, it shall be deemed to be estimated, in accordance with paragraph 2 of the Additional Provision of the Organic Law 4/2000 of 11 January 2000. and, the holders of these expired authorisations may also be registered as jobseekers together with the certificate attesting to the renewal for this reason.

4. Public employment services and placement agencies may offer any service to the registered applicants, referred to in this Article.

Article 7. Authorisation of temporary residence for exceptional circumstances for reasons of root or international protection.

1. Persons entitled to work for an employed person may be registered as jobseekers without any limitation, except for the validity of the residence permit itself, the foreign nationals holding a residence permit by exceptional circumstances for reasons of root or international protection, as referred to in Article 45 (2) and (3) of the Regulation of Organic Law 4/2000, approved by Royal Decree 2393/2004 of 30 December 2000, in accordance with the provisions of Article 45.7 of that Regulation which provides that these authorisations for residence has been granted a work permit for older foreigners.

2. The holders of these expired authorisations may also be entered as jobseekers when they prove that they have applied for the renewal of the application.

The renewal must have been requested at an advance of 60 calendar days prior to the date of its expiry, but may have been requested within three months after the date on which the renewal was completed. validity, as set out in Article 47.4 of the Regulation of Organic Law 4/2000, of 11 January.

The validity of this renewal application for registration as a jobseeker shall be up to the following three months from the date of filing of such application in the register of the competent body for processing or until their resolution.

3. After the period of three months indicated in the preceding paragraph, if the application has not been resolved, it shall be deemed to be estimated, in accordance with the provisions of paragraph 2 of the first provision of the Organic Law 4/2000, of 11 January and, the holders of these expired authorisations may also be registered as jobseekers together with the certificate attesting to the renewal for this reason.

4. Public employment services and placement agencies may offer any service to the registered applicants, referred to in this article.

Article 8. Authorisation of temporary residence and work as an employed person.

1. A person who is a jobseeker may be registered as a jobseeker, without any limitation, except for the validity of the residence permit itself, the foreign holders of a temporary residence permit and employment, in accordance with the provisions of Article 49 of the Regulation of the Organic Law 4/2000, approved by Royal Decree 2393/2004 of 30 December, which enables foreign holders of an authorisation to work of temporary residence and work as an employed person.

2. Holders of these expired authorizations may also be registered as jobseekers when they prove that they have applied for renewal of the application with a copy of the application.

The renewal must have been requested at an advance of 60 calendar days prior to the date of its expiry, but may have been requested within three months after the date on which the renewal was completed. validity, as set out in Article 54.1 of the Regulation of Organic Law 4/2000, of 11 January.

The validity of this renewal application for registration as a jobseeker shall be up to the following three months from the date of filing of such application in the register of the competent body for processing or until their resolution.

3. After the period of three months referred to in the preceding paragraph, if the application has not been resolved, it shall be deemed to be estimated and, therefore, the holders of these expired authorisations may also be entered as jobseekers. the certificate certifying the renewal for that reason, as laid down in Article 54.10 of the said Regulation.

4. In the case of an authorisation of residence and work as an initial employee, it may be entered in a territorial area and in different work activities for which it was granted, in accordance with Article 99.1 of the Treaty. Regulation (EC) No 530/2006 of the European Parliament and of the Council of 4 March 2006 on the application of the rules of procedure of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council taking into account in the latter case as provided for in Article 50 (a) of the same Regulation in respect of the national employment situation permits the hiring of the foreign worker.

5. The registration which is carried out with an authorization of residence and work for an initial foreign account accredited with the Resolution for which the authorization is granted, must be accompanied by the document certifying the discharge in the Social Security. The date of discharge in Social Security must be within the period for which the authorization has been granted.

6. Public employment services and placement agencies may offer any service to the registered applicants, referred to in this Article. In respect of the registered applicants referred to in paragraph 4, services may be provided provided that the provisions of Article 50 (a) of the Regulation of 11 January 2000 are complied with.

Article 9. Authorization of temporary residence and self-employment.

1. A person may be registered as a jobseeker in order to work for an employed person without any limitation, other than that arising from the validity of the residence permit itself, the foreign nationals holding an authorisation for temporary residence and work on its own account, in accordance with Articles 97.1 and 99.2.b) of the Regulation of the Organic Law 4/2000, approved by Royal Decree 2393/2004 of 30 December, enabling the foreign worker to make his or her work compatible with the authorization of self-employment with an employed person or to modify his or her authorization to residence and self-employed work, taking into account in both cases the provisions of Article 50 (a) of the same Regulation as to the fact that the national employment situation permits the employment of the foreign worker.

2. Holders of these expired authorizations may also be registered as jobseekers when they prove that they have applied for renewal of the application with a copy of the application.

The renewal must have been requested at an advance of 60 calendar days prior to the date of its expiry, but may have been requested within three months after the date on which the renewal was completed. Article 62.2 of the Regulation of the Organic Law 4/2000, of 11 January.

The validity of this renewal application for registration as a jobseeker shall be up to the following three months from the date of filing of such application in the register of the competent body for processing or until their resolution.

3. After the period of three months referred to in the preceding paragraph, if the application has not been resolved, it shall be deemed to be estimated and, therefore, the holders of these expired authorisations may also be entered as jobseekers. the certificate certifying the renewal for that reason, as laid down in Article 62.6 of the said Regulation.

4. Public employment services and placement agencies may offer any service to the registered applicants, referred to in this Article, provided that the provisions of Article 50 (a) of the Regulation are complied with. Organic Law 4/2000, of January 11.

Article 10. Temporary residence permit in favor of unaccompanied foreign minors or accreditation of the child protection entity.

1. The following may be entered as jobseekers for employment of foreign minors in working age, who are protected by the competent child protection organisation, holders of a temporary residence permit in favour of unaccompanied foreign minors or with the accreditation of the institution for the protection of minors, for those activities which, at the discretion of the aforementioned entity, promote their social integration, as established in Articles 68,k) and 92.5 of the Regulation of Organic Law 4/2000, approved by Royal Decree 2393/2004 of 30 December.

2. Minors who do not have a residence permit may, by means of appropriate registration, have access to those activities or programmes of education or training which are of benefit to them, provided that such circumstances have been prior to and individually justified by the institution for the protection of minors from the public employment services competent for registration.

3. The protection of minors shall be accredited by the competent child protection entity.

4. Public employment services and placement agencies shall agree with the guardians, among the supply of available services, of activities which promote the social integration of minors as long as such circumstances have been individually justified by the child protection entity.

Article 11. Job search visas.

1. A person may be registered as a jobseeker for employment, foreign nationals holding a visa for the purpose of seeking employment, in accordance with Article 39 (5) of the Organic Law 4/2000 of 11 January 2001 on rights and the freedoms of foreigners in Spain and their social integration, reformed by the Organic Laws 8/2000 of 22 December, 11/2003 of 29 September and 14/2003 of 20 November, which enables holders of these visas to register for the public employment services.

2. Registration as a job seeker shall be limited to the validity of the visa.

3. Visas for the search for employment directed to children and grandchildren of Spanish of origin, will allow the registration in any geographical scope and for any occupation.

4. Visas for the search for employment in certain occupations will allow the registration in the geographical area and occupation for which the visa was granted.

5. Public employment services and placement agencies may offer any service to the registered applicants, referred to in this Article.

Article 12. Authorization for research and studies.

1. A person who is a jobseeker may be registered as a jobseeker without any limitation, except for the validity of the authorisation itself, for foreign nationals holding a stay for study or for an authorisation to (a) stay for study, in accordance with the provisions of Article 90.1 of the Regulation of Organic Law 4/2000, approved by Royal Decree 2393/2004 of 30 December, which enables foreign nationals to hold an authorization to stay for studies to be authorised to carry out gainful employment activities, in public institutions or private entities, where the employer as a subject legitimises this application for work authorisation and the requirements laid down in Article 50 of that Regulation, except paragraphs (a) and (f), are generally met.

2. The holders of the expired documents referred to in the preceding paragraph may also be registered as jobseekers when they have requested the renewal or extension of the documents with a copy of the application.

The renewal must have been requested in advance of 60 calendar days prior to the date of its expiration, in accordance with the provisions of Article 88.2 of the said Regulation of Organic Law 4/2000, of 11 of January.

The validity of this renewal or extension application for registration as a job seeker shall be up to three months after the date of filing of such application in the register of the competent body for deal with them or until their resolution.

3. Public employment services and placement agencies may offer any service to the registered applicants, referred to in this Article.

Article 13. Asylum seeker's document stating the registration "authorizes to work".

1. The applicants may be registered as jobseekers for work as an employed person, without any limitation, except for the validity of the document itself, for foreign asylum seekers provided that they appear in the asylum application document or in its successive renewals, the registration "authorizes to work", in accordance with the provisions of the additional 17th of the Regulation of the Organic Law 4/2000, approved by the Royal Decree 2393/2004, of December 30, that enables foreign holders of these documents to work for having been admitted to The application shall be processed and not be settled after six months after the submission of the application for reasons not attributable to the person concerned.

2. Public employment services and placement agencies may offer any service to the registered applicants, referred to in this Article.

Article 14. Identity document of the refugees and family members to whom the family extension has been recognized to reside in Spain.

1. They may be registered as jobseekers for work as an employed person, without any limitation, except for the derivative of the document itself, the holders of the refugee identity document, and their family members to whom the document has been recognised. family extension to reside in Spain, in accordance with the provisions of Article 29.2 of the Regulation implementing Law 5/1984 of 26 March on the Law of Asylum and the Status of Refugees, as amended by Law 9/1994, of 19 May, approved by Royal Decree 203/1995 of 10 February, which recognises the right to reside in Spain and to carry out work activities.

2. Public employment services and placement agencies may offer any service to the registered applicants, referred to in this Article.

Article 15. Identity document of stateless persons.

1. The holders of the stateless identity document, which are located in the national territory, shall be registered as jobseekers in order to work as an employed person, without any limitation, except for the derivative of the document itself. with the provisions of Article 13.1 of the Endorsement Regulation, approved by Royal Decree 865/2001 of 20 July 2001, which recognises the right to reside in Spain and to carry out work activities.

2. Prior to the commencement of the employment activity, the employer intending to recruit these foreign workers shall be responsible for verifying that the worker of the stateless identity document complies with the requirement of validity of that document.

3. Public employment services and placement agencies may offer any service to the registered applicants, referred to in this Article.

Article 16. Identification of foreign workers for registration as jobseekers in the public employment services and in the placement agencies.

Public employment services and placement agencies, upon identification of the foreign worker, shall use for their registration as a jobseeker, the foreign identity number (N.I.E.).

Article 17. Measures to promote employment and services provided by public employment services and placement agencies.

Registration as a jobseeker for foreign workers referred to in this rule in public employment services and placement agencies shall be equivalent to equal treatment, taking into account the the situation or circumstance in which they were registered, with the rest of the applicants for employment, both in the employment intermediation and in relation to the measures to promote employment and the services for the improvement of the employability of the job seekers who provide the public employment services and the placement agencies.

Article 18. Exchange of information.

1. The State Employment Public Service and the Secretary of State for Immigration and Emigration shall establish the information systems necessary for the exchange of data of interest in their respective areas of competence, relating to: workers falling within the scope of this order, respecting the provisions of the Organic Law 15/1999 of 13 December, the Protection of Personal Data and its implementing and development provisions.

2. They shall also establish the information systems necessary for the knowledge of the situation and development of the national labour market in the various sectors of activity and geographical areas in order to assess the coverage forecasts. of jobs for non-EU foreign workers.

Additional disposition first. Registration of jobseekers by reason of their status as applicants or beneficiaries of unemployment benefits.

1. Foreign applicants for unemployment benefits who have been granted the derogation from the work authorization and for the duration of that derogation shall be registered as applicants for employment in the public employment services. in the cases and under the conditions referred to in Article 68 of the abovementioned Regulation.

2. The registration as a claimant of employment of the holders of the authorisation in force referred to in the preceding paragraph shall have a temporary validity which shall coincide with the period of time in which they maintain their status as beneficiaries. of benefits or even the decision rejecting the right to the receipt of unemployment benefit.

Additional provision second. Certifications issued by the areas or dependencies of Labor and Social Affairs or foreign offices.

1. Foreigners who provide certification issued for this purpose by the offices of foreign nationals, in the absence of such work by the areas or offices of Labor and of the Ministry of Labour, may be entered in the public employment services and in the placement agencies. Social, when they credit that they are in any of the following assumptions:

a) Being a spouse or child of a foreign resident in Spain with a renewed authorization.

b) To be in charge of ascending or descending Spanish nationality.

c) Haber born and resident in Spain.

d) Being a Spanish child or grandchild of origin.

e) Foreign nationals of countries with whom Spain has an international agreement under which the national employment situation is not considered for the granting of the work permit.

(f) Spanish nationals of origin who had lost Spanish nationality.

g) Having been granted refugee status for the year following the cessation of the status.

h) To have been recognized as stateless and to have lost such a condition, provided they are on national territory.

i) Being an applicant for asylum, in accordance with the provisions of Article 15.2 of the Regulation implementing Law 5/1984 of 26 March on the Law of Asylum and the Condition of Refugees, approved by the Royal Decree 203/1995, February 10.

(j) Other assumptions in which the certificates are issued, upon their determination by the Secretary of State for Immigration and Emigration in the performance of their competencies.

2. Certificates issued in accordance with paragraph 1 shall not, by themselves, have any effect in relation to the legal status of the person concerned in Spain, so they shall not be the basis or consolidate any right of residence which does not It corresponded to that, as provided for by the Organic Law 4/2000 and by its Regulation approved by Royal Decree 2393/2004.

Additional provision third. Public employment services.

The references made in this standard to public employment services shall be construed as being made to the State Employment Public Service, the Social Institute of the Navy and the corresponding public employment services. of the autonomous communities which have assumed the transfer of functions and services in the field of work management, employment and training.

Additional provision fourth. Measures and competences.

The public employment services of the autonomous communities which have the responsibility for the management of work, employment and training may be able to take action in the field of their competences for the implementation of the provisions of this Ministerial Order.

First transient disposition. Modification of identifiers.

1. Public employment services and placement agencies which, at the entry into force of this Ministerial Order, extend to foreign persons falling within the scope of this Order who are registered with a different identifier to the N.I.E., they must modify it.

2. The public employment services shall communicate these amendments, in the case of beneficiaries of unemployment benefits, to the managing body of the benefits.

Second transient disposition. Validity of documents in force for registration as jobseekers.

The various authorizations that enable to reside and work in Spain granted to the persons included in the scope of this Ministerial Order, and that have validity to the entry into force of this Order, will allow to register as a jobseeker during the period for which they would have been issued, as laid down in the first transitional provision of Royal Decree 2393/2004 of 30 December.

Final disposition. Entry into force.

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

Madrid, 22 November 2006. -Minister of Labour and Social Affairs, Jesús Caldera Sanchez-Capitan.