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According to Article 42 of Law 13/1982 of 7 April 1982 on the Social Integration of the Disabled, the Special Centres for Employment are those whose main objective is to carry out productive work, regularly participating in market operations and having the aim of ensuring gainful employment and the provision of personal and social adjustment services for disabled workers; whereas it is a means of integration of the greatest number of disabled people to the normal working arrangements.
The legal definition of the personal and social adjustment services of the Special Centers for Employment was introduced in Article 42 of Law No 13/1982 of 7 April, by Law 66/1997 of 30 December 1997 on Measures to tax, administrative and social order. According to this Article, ' personal and social adjustment services shall be understood as those for the rehabilitation, treatment, social, cultural and sporting integration of the disabled worker of the Special Employment Centre for further rehabilitation. personal and a better adaptation of their social relationship. " A fundamental way to achieve full integration into the society of people with disabilities is to achieve their job integration, for which personal and social adjustment services can be a very useful tool, especially if guide their functions, without neglecting the cultural, physical or rehabilitation aspects, towards an employment adjustment that will enable them to cope and overcome the barriers, obstacles or difficulties that workers with disabilities have in the process of full incorporation into a job, as well as in the permanence and progression in it, and in (a) special conditions for workers with special difficulties in access to the ordinary labour market.
The need to modernise personal and social adjustment services was also included in the Agreement signed on 3 December 2002 between the Ministry of Labour and Social Affairs and the Spanish Committee of Representatives of the European Persons with Disabilities (CERMI) on measures to improve the employment opportunities of persons with disabilities, in particular point III.3. The Government is aware that a good part of this modernisation and, in short, of continuing the solidarity effort towards the full integration of people with disabilities, goes through supporting the role of personal and social adjustment services. at the Special Centres for Employment, contributing to the financing of labour and social security costs for the workers who make up them, who should carry out intervention and guidance to cope with and overcome difficulties that appear in the process of incorporation and permanence in a job of the people affected by the most severe disabilities.
This royal decree is dictated by the empowerment conferred on the Government by Article 17.3 of the recast text of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995, of March 24, under which "the Government may award grants, reliefs and other measures to encourage the use of specific groups of workers who encounter special difficulties in accessing employment", as well as Article 26.1 of the Law 56/2003, of 16 December, of Employment, which enables the Government to establish programmes specific to the promotion of the employment of persons with special difficulties in the integration of the labour market, specifically citing persons with disabilities.
With all this background the present royal decree is approved in order to improve the functioning of the services of personal and social adjustment of the Special Centers of Employment, when the units of Support for the vocational activity, multi-professional teams within the framework of the adjustment services and which, through the development of the tasks and tasks entrusted to them, constitute the instrument for the modernization of their own personal and social adjustment services. The labour cost and social security grant for the recruitment of staff members of these units is also regulated.
Given the process of management transfers to the autonomous communities of active employment policies, this royal decree incorporates the essential aspects of the program that will apply throughout the national territory, based on the State competence in the field of labour law, without prejudice to its implementation by the autonomous communities. In this sense, the essential contents of this program are defined in this standard, the autonomous communities and the State Employment Public Service, in their respective management areas, are permitted to carry out their subsequent implementation through the regulation. the procedural aspects and the adequacy to their organizational peculiarities.
The Sectoral Conference on Labour Affairs, at the meeting held on 30 January 2006, has been informed of this royal decree. The most representative trade union and business organisations have been consulted.
In its virtue, on the proposal of the Minister of Labor and Social Affairs, with the prior approval of the Minister of Public Administration, in agreement with the State Council, and after deliberation by the Council of Ministers at its meeting on 21 April 2006,
DISPONGO:
CHAPTER I
General provisions
Article 1. Concept and legal status.
1. The purpose of this royal decree is to regulate the Units of Support to the Professional Activity in the framework of the Personal and Social Adjustment Services of the Special Centers for Employment, provided for in Article 42 of Law 13/1982, of 7 April, on the social integration of the disabled, as instruments for the modernization of these Adjustment Services.
2. Professional Activity Support Units are understood to be the multi-professional teams framed within the Personal and Social Adjustment Services of the Special Employment Centers, which through the development of the functions and duties Article 2 of this Royal Decree provides for the help to overcome the barriers, obstacles or difficulties which the disabled workers of these centres have in the process of incorporation into a job, as well as the permanence and progression in the same.
Article 2. Functions of the Professional Activity Support Units.
Staff integrated in the Professional Activity Support Units defined in the previous article will develop the following functions:
a) Detect and determine, upon assessment of the person's capabilities and job analysis, the support needs for the disabled worker to develop their professional activity.
b) Establish precise relationships with the family and social environment of workers with disabilities, so that this is an instrument of support and encouragement to the worker in the incorporation to a job and stability in the same.
c) Develop how many training programs are needed for the adaptation of the worker to the job as well as the new technologies and production processes.
d) Establish individualized supports for each worker in the job.
e) Promoting and enhancing the autonomy and independence of workers with disabilities, mainly in their jobs.
(f) Promote the integration of new workers into the Special Employment Centre by establishing appropriate support for this purpose.
g) Attend the worker of the Special Employment Center in the process of incorporation into Labor and the ordinary labor market.
h) Detect and intervene in the possible processes of evolutionary deterioration of workers with disabilities in order to avoid and mitigate their effects.
Article 3. Final recipients.
1. The final recipients of this programme will be the disabled workers of the Special Employment Centres who are in one of the scenarios described below:
(a) Persons with cerebral palsy, persons with mental illness or persons with intellectual disabilities, with a degree of disability recognized equal to or greater than 33%.
(b) Persons with physical or sensory disabilities with a recognised disability level equal to or greater than 65%.
2. The Professional Activity Support Units may also provide service to workers with disabilities from the Special Employment Centre not included in the previous paragraph, provided that the dedication to these workers does not undermine the attention of those included in the previous section.
CHAPTER II
Grants to the Professional Activity Support Units
Article 4. Grants and amounts of grants.
1. The grants set out in this chapter will be used to finance labour and social security costs arising from the indefinite recruitment of workers from the Support Units for Vocational Activity at the Special Centres of Employment, for the development of the functions described for them in Article 2.
2. The amount of such grants is set at EUR 1,200 per year for each worker with the type of disability and degree of disability referred to in Article 3 (1), contracted for an indefinite period of time or through a temporary contract of duration equal to or greater than six months. The grant of EUR 1,200 will be reduced proportionally according to the duration of the contracts of the workers with disabilities referred to in the previous paragraph as well as the duration of the day on the assumption that the contract is part time.
3 These grants will be awarded for maximum periods of one year, upon application by the Special Employment Centre in accordance with the established procedure. In any event, the grant of the grants shall be conditional on the existence of budgetary availabilities for that purpose as recorded annually in the budgets of the State Employment Service.
4. The amount of the grants shall in no case be such that, in isolation or in competition with other grants, aid, income or resources exceeds the labour costs and social security referred to in paragraph 1 of this Article. Article.
Article 5. Beneficiaries of the grants.
May be beneficiaries of the grants that are regulated in this royal decree the entities of the Special Centers of Employment and these Centers, when they have their own legal personality, that fulfill the following requirements:
(a) that the Special Centres for Employment are registered as such in the Register concerned, in accordance with the provisions of Article 7 of Royal Decree 2273/1985 of 4 December 1985 on the adoption of the the Special Centres for Employment.
(b) to be part of the workforce of the Special Employment Centres with the type of disability and disability level set out in Article 3 (1) of this royal decree.
c) Meet the requirements set out in Article 13 of Law 38/2003 of 17 November, General Grant.
Article 6. Composition of the Professional Activity Support Units.
1. The Special Employment Centres, in order to access these grants, must have units of support for the Professional Activity, the composition of which will be established according to the following modules:
(a) Up to 15 workers with disabilities as referred to in Article 3 (1), 1 Middle or Higher Grade Technician, or with comparable knowledge and/or experience, at least 20% of their day and 1 in charge of support to full time production, or those that correspond proportionally if the procurement is carried out on a part-time basis.
(b) 16 to 30 workers, 1 Middle or Higher Grade Technician, or with comparable knowledge and/or experience, at least 80% of their working day, and 2 full-time production support managers, or those corresponding to proportionally if the hiring is done on a part-time basis.
c) From 31 to 45 workers, 2 Middle or Higher Grade Technicians, or with comparable knowledge and/or experience, one of the full-time technicians and the other at least 50% of their day, and 3 production support managers full time, or those that correspond proportionally if the hiring is done on a part-time basis.
d) From 46 to 60 workers, 2 Middle or Higher Grade Technicians, or with comparable, full-time knowledge and/or experience, and 4 full time production support managers, or those that correspond proportionally if the procurement is carried out on a part-time basis.
e) From 61 to 75 workers, 3 Middle or Higher Grade Technicians, or with comparable knowledge and/or experience, two full-time technicians and the other at least 50% of their day, and 5 production support managers full time, or those that correspond proportionally if the hiring is done on a part-time basis.
f) For more than 75 workers, the template of the Professional Activity Support Unit shall be established proportionally, in accordance with the criteria set out above.
2. Where the number of workers with the type of disability and the degree of disability laid down in Article 3 (1) to which the service is directed does not correspond to the ceilings of each module, the time spent by the staff of the Professional Activity Support Units shall be proportional to the number of such workers with disabilities.
3. Where, for justified reasons, vacancies are made of the personnel integrating these Units, they shall be covered in order to maintain the proportionality set out above.
Article 7. Concession procedure.
1. The procedure for granting the grants established in this royal decree, which will be dealt with under competitive competition, will be in accordance with the provisions of Law 38/2003 of 17 November, General of Grants, established in this royal decree and by the rules of procedure and regulatory bases issued by the competent authorities, in accordance with the provisions of the third provision of this rule.
2. In the absence of other rules, as set out in the previous paragraph, the provisions of the Order of the Ministry of Labour and Social Affairs of 16 October 1998 laying down the rules for the granting of grants shall apply. regulatory bases for the granting of aid and public subsidies for the promotion of the employment integration of the disabled in special centres for employment and self-employment and in Order TAS/816/2005 of 21 March, for which the appropriate to the legal regime established in Law 38/2003 of 17 November, General of Grants (a) regulatory rules for grants to be granted by the State Employment Service in the fields of employment and occupational vocational training, with the following specific regulation:
(a) The persons concerned shall provide, together with their application, supporting documentation of the workforce with disabilities of the Special Employment Centre, specifying the type of disability and the degree of disability, type and the duration of the contracts as well as documentation relating to the hiring of workers who integrate the Support Units and the description of their duties.
(b) The grants shall be paid by advance payments, the guarantee scheme, where appropriate, being applied by the competent administration.
(c) The assessment of the applications submitted shall be made in accordance with the following criteria:
1. Percentage of disabled workers with an indefinite contract with respect to the total number of workers with disabilities from the Special Employment Center template.
2. Percentage of workers with the type of disability and disability described in Article 3 of this royal decree, on the total number of workers with disabilities from the Special Employment Center.
3. Percentage of women with the type of disability and disability described in Article 3 of this royal decree, on the total number of workers with such disability and the degree of disability of the Special Centre Employment.
4. Number of workers with disabilities from the Special Employment Centre, hired indefinitely or on a contract of employment of at least six months, by companies in the ordinary labour market in the last two years.
3. To the Special Employment Centres which receive the subsidies regulated in this royal decree, the provisions of Article 13 of Royal Decree 2273/1985 of 4 December 1985 on the monitoring and control of these subsidies will apply to them for the purposes of monitoring and control. approves the Regulation of the Special Centres for Employment.
Additional disposition first. Applicable rules.
In the absence of this royal decree, the general rules governing the granting of subsidies, constituted by Law 38/2003 of 17 November, General of Grants, and its rules of development.
Additional provision second. State character and funding.
1. The grants awarded under this royal decree have the character of national employment funds and fall within the jurisdiction of the State through the Public Service of State Employment, in accordance with the provisions of Article 14 of the Law 56/2003, of 16 December, of Employment.
2. The financing of this programme shall be carried out by the General Budget of the State through the appropriations specifically recorded each year in the expenditure budget of the State Employment Public Service. Where the management of this programme has been transferred to the autonomous communities, the funds referred to shall be distributed in accordance with Article 86 of Law 47/2003 of 26 November of 26 November, General Budget, and Article 14 of Law 56/2003, of 16 December.
Additional provision third. Management transferred to the Autonomous Communities.
1. The autonomous communities which have taken over the transfer of the management carried out by the State Employment Service in the field of work, employment and training as well as support programmes, shall carry out the tasks which the latter royal decree attributes to the aforementioned Public Service of State Employment and that they correspond to them according to the provisions of the royal decree of transfer. Such management shall be carried out on the basis of the territorialisation of the grants, in accordance with the second provision of this rule and, in accordance with the provisions of the first subparagraph of Article 86 (2) of the Law General budget, in accordance with the State rules governing these subsidies, in particular as laid down in this royal decree and in the rules of procedure and regulatory bases for the award of grants to the Autonomous communities for execution based on your own organization.
2. The program regulated in this royal decree is considered included in the relations of regulatory norms of the grants awarded by the Public Service of State Employment, to the effects established in the corresponding royal decrees on the transfer to the autonomous communities of the management carried out by the Public Service of State Employment in the field of work, employment and training and on the transfer of functions and services of the State Administration in the field of cooperatives, qualification and administrative registration of public limited companies and programmes of support for employment.
3. The provisions of the preceding paragraphs shall not apply in the case of programmes whose management is reserved for the Public Service of State Employment and corresponds to it in the exercise of its powers, as provided for in Article 13 of the Treaty. Law 56/2003, of 16 December.
Additional provision fourth. Monitoring and evaluation.
1. The Public Employment Services shall carry out as many actions as are necessary for the monitoring and evaluation of the regulated programme in this standard, both in its qualitative and quantitative aspects.
2. The State Employment Public Service and the Public Employment Services of the Autonomous Communities shall regularly inform their respective bodies of participation in the results of the programme referred to in this rule, as well as any end related to the development of the same.
Additional provision fifth. Provision of information.
1. The autonomous communities that have taken over the management and control of the program regulated in this royal decree must provide the Public Employment Service with the necessary information for the compilation of the statistics of this program, The way in which coordination and integration with the rest of the statistical information at the state level is ensured, as well as information on the qualitative results obtained.
They will also be required to provide the State Employment Public Service with all the information and documentation necessary for monitoring the implementation of the funds received and the National Employment Action Plans. as required by the State Employment Public Service to meet the requirements of other national or international agencies or entities.
2. The exchange of information shall be carried out whenever possible through the information system of the Public Services of Common Employment, integrated and compatible as referred to in Article 8 (2) (a) of Law 56/2003, 16 of December, Employment.
Single transient disposition.
The grants provided for in this royal decree may be applied to the recruitment of staff members of the Professional Activity Support Units carried out by the Special Employment Centres both before and after after the date of entry into force of the same, with effect from the date of the granting decision, provided that the contract staff develops the functions related to Article 2 of this standard and the other requirements are met set to the same.
Final disposition first. Competency enablement.
This royal decree is issued under the terms of Article 149.1.7. of the Constitution.
Final disposition second. Powers of development.
The Minister of Labour and Social Affairs is hereby authorized to make any provisions necessary for the development and implementation of the provisions of this Royal Decree and to amend the amount of the grants established 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, 21 April 2006.
JOHN CARLOS R.
The Minister of Labour and Social Affairs,
JESUS CALDERA SANCHEZ-CAPTAIN
