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Order Tas/1713/2005, 3 June, Which Regulates Composition, Powers And Functioning Of The Tripartite Labour Commission Of Immigration Regime.

Original Language Title: ORDEN TAS/1713/2005, de 3 de junio, por la que se regula la composición, competencias y régimen de funcionamiento de la Comisión Laboral Tripartita de Inmigración.

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TEXT

The Tripartite Labour Commission is constituted as a permanent interlocutor, between the General Administration of the State and the most representative trade union and employers ' organizations of a State, in the field of management of migratory flows.

In the Regulation of the Organic Law 4/2000, of 11 January, of the rights and freedoms of foreigners in Spain and their social integration, approved by Royal Decree 2393/2004 of 30 December and the present Ministerial Order, recognises the ability of the social partners to provide the General Administration of the State with a qualified opinion on the employment needs and procedures for the recruitment of foreign workers in our country; in short, the core of the legal immigration policy. The aim of the participation of the social partners in the procedures is to ensure that the migration management policy can more effectively meet the objective of meeting the needs of employment not covered by workers. residents, in accordance with the regulations, both immigration and labor and ensuring the guarantee of the rights of national and foreign workers. In its virtue, in accordance with the provisions of the additional fifteenth provision of the Regulation of the Organic Law 4/2000, of January 11, of the rights and freedoms of foreigners in Spain and their social integration, approved by Royal Decree 2393/2004, of December 30, with the favorable report of the Interministerial Committee of Foreign Affairs and with the prior approval of the Minister of Public Administrations, I have:

First. Nature, purpose and component parts. 1. The Tripartite Labour Commission of Immigration is a ministerial collegiate body of an advisory nature, attached to the Ministry of Labour and Social Affairs, through the Secretariat of State of Immigration and Emigration, of which the more representative trade unions and employers ' organisations of a state nature.

2. The main purpose of the project is to advise the department's higher and managerial bodies in the activities specifically related to the management of migratory flows, in the field of labor, enabling the participation of the social policy in this area.

Second. Information and functions. -The Tripartite Labour Commission, which will have regular access to the figures on the evolution of migratory movements in Spain, as well as statistics and data on the employment of foreign nationals having an impact on the job market, will have the following functions:

(a) Report on the whole of the management of migratory flows and the ordinary procedure for the hiring of non-EU foreigners.

b) Report on the quarterly catalogue proposal of difficult-to-cover occupations. (c) Report to the Secretariat of State for Immigration and Emigration on the proposal for a contingent prior to its preparation. (d) to report on the proposals for the granting of work authorizations for an employed person of a specified duration, in the cases provided for in Article 55.2.a) and b) of the Regulation of the Organic Law 4/2000 of 11 January on rights and In the case of Spain and its social integration, approved by Royal Decree 2393/2004 of 30 December, the number of employees in Spain exceeds the number of 300 workers. e) Report and submit proposals to the competent authorities of the General Administration of the State on any other circumstances that interest the collective of immigrant workers in Spain, as well as those that result in an improvement of their social and labour integration.

Third. Composition.

1. The Commission shall consist of the following members: (a) The President, who shall be the holder of the Secretary of State for Immigration and Emigration.

b) Two Vice-Presidents, one for each of the groups that make up the trade union organizations and the most representative business organizations, being chosen among the vowels for each group. (c) Eight vowels, with a rank of Deputy Director General or equivalent, at least, representing the following higher bodies and managers of the Ministry of Labour and Social Affairs:

1. The Secretary of State for Immigration and Emigration, 5 Vocals.

2. The Secretary of State for Social Security, 1 Vocal. 3. The Secretary General of Employment, 1 Vocal. 4. The Deputy Secretary for Labour and Social Affairs, 1 Vocal.

d) Eight Vocals by the most representative business organizations.

e) Eight Vocals by the most representative trade union organizations.

2. The Secretariat of the Commission, as a technical and administrative support body, shall be assigned to the Directorate-General for Immigration, the holder of which shall be a member of the Office of the Secretary of State for Immigration and Emigration.

3. The Members of the Commission, as well as their President and Vice-Presidents, may be replaced in one-off meetings or for a period of time, both in plenary meetings and in meetings of the Commissions. The replacements shall be communicated in writing in advance to the Secretariat of the Commission by the relevant holder. 4. When agreed in the relevant field, the presence of advisers, with a voice but without a vote, may be permitted at meetings of the Commission or the Commissions. 5. The renewal of the composition of the Commission shall take place every four years, taking into account the changes that would have taken place in terms of the representativeness of the business and trade union organisations in the State.

Fourth. Appointment and termination of the members of the Commission. -Members of the Tripartite Immigration Committee shall be appointed and terminated by the Minister for Labour and Social Affairs, on the proposal of the respective senior bodies and managers of the Department represented and business and trade union organizations.

Fifth. Internal operation.

1. The Agreements of the Tripartite Immigration Commission, both in its plenary and in the various Commissions, shall be adopted by a simple majority, unless the Rules of Procedure provide otherwise for a (a) In the event of a tie in a Vote, the President shall have a vote of quality.

2. Standing Committee.

The Permanent Commission shall be composed of the President, the Vice-Presidents, the Secretary and three other Vocals for each party represented, elected by a simple majority in each of them, except in the Administration, which shall be appointed by the Minister of Labour and Social Affairs, on a proposal from the head of the Secretariat of State for Immigration and Emigration.

The Permanent Commission shall meet at least once a quarter and as many times as necessary upon convocation of the President or the Vice-President, who, if necessary, shall replace him. Where this is laid down in the Rules of Procedure or in the plenary agreement of the Tripartite Labour Committee on Immigration, the Standing Committee may approve agreements, in the areas in which they are determined, on behalf of the Tripartite Labour Commission of Immigration. The Standing Committee may also assume the functions of any other envisaged Commissions.

3. Specific committees.

The Tripartite Labor Commission will be able to create specific Commissions. The matters dealt with in the Commissions, as well as the proposals for agreement adopted by them, will be transferred to the Permanent Commission for information and, where appropriate, approval.

4. Rules of procedure.

The Tripartite Labour Committee of Immigration will approve, in plenary and by simple majority, a Rules of Procedure where the arrangements for the adoption of agreements will be regulated, the functioning in plenary, the Permanent Commission and other Commissions. The composition of the Commissions, as well as the tasks of the Presidency and the Secretariat for the purposes of formalisation, approval of minutes and documents, shall also be determined.

5. Without prejudice to the provisions of this Order and to the Rules of Procedure, the Tripartite Employment Commission shall comply with the rules of organisation and operation laid down in Chapter II of Title II of the Law. 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure and Chapter IV of Title II of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State. Sixth. Economic compensation for attendance at meetings. -Vocals representing trade union and business organizations represented in the Tripartite Immigration Commission will receive an economic compensation equal to that established by their participation in other consultative bodies of the Ministry of Labour and Social Affairs.

Seventh. Public expenditure.-The operation of the Tripartite Immigration Commission will be attended by the budget appropriations of the Ministry of Labor and Social Affairs, without any increase in public expenditure, except as of the application of paragraph 6 of this order.

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

Madrid, 3 June 2005.

SANCHEZ-CAPTAIN BOILER