I

The Spanish economy has begun a stage of economic growth that accumulates five quarters of GDP growth. This development is also having an impact in terms of job creation, as has been shown in the Labour Force Survey for the second and third quarters of 2014 (+ 1.12% and +1.59% year-on-year growth). employment).

However, the duration and intensity of the crisis of recent years and the impact it has had on the occupation require actions of calm that contribute to intensify the recovery and accelerate its transformation in terms of The creation of stable and high quality jobs. The challenge is now to reinstate the high number of unemployed people to the labour market to participate in economic reactivation.

For this reason, on July 29, 2014, the government, the CEOE and CESME business organizations and the CCOO and UGT unions adopted the Agreement on proposals for tripartite negotiations to strengthen economic growth. and employment, which gathered the will to promote measures in different areas, from a renewed role of social dialogue, aimed at intensifying the positive evolution of the economy and employment.

In particular, the impact of long-term unemployment is a challenge that needs to be addressed in order for the recovery to be rich in employment and inclusive, taking into account all those actively seeking an opportunity in the job market.

To do this, it is particularly necessary to provide activation measures for employment that will help reduce the time workers spend in unemployment and facilitate their return to the world of work. The Public Employment Services should pool the necessary information to enable the identification of job opportunities, continuous monitoring and evaluation of the actions developed. In short, they must accompany the unemployed throughout the process and effectively meet their primary objective of assisting in the reintegration and maintenance of employment.

in the light of this objective, one of the initiatives set out in the tripartite agreement as a matter of priority was the design, with the collaboration of the autonomous communities, of an activation programme for employment with a specific content of guidance, training, retraining and/or recognition of work experience, which, together with a protective measure, would help to facilitate the reintegration of long-term unemployed people into the labour market family.

Developing this forecast, on December 15, 2014, Government and Social Partners signed the Agreement on the Extraordinary Employment Activation Programme, aimed at improving employability and providing new jobs. opportunities for the aforementioned collective of unemployed workers, given their increased placement difficulties.

In addition, the activation programme has been designed in a manner consistent with the specific recommendations of the Council of the European Union of 8 July 2014 on the Spanish National Reform Programme 2014. In particular, the third of these Recommendations refers to the importance of having modern public employment services able to provide personalised and effective services especially to those who have the most difficulty to access a job, such as the long-term unemployed. The recommendations also reflect the importance of maintaining the commitment of beneficiaries to the labour market through their active search for employment, so that both active and passive policies are aligned with the labour market. For the activation of the job.

II

The actual decree-law consists of nine articles, four additional provisions, and seven final provisions.

Article 1 refers to the Employment Activation Programme as a specific and extraordinary programme of a temporary nature, aimed at long-term unemployed people who meet a set of requirements. The beneficiaries of the programme have been defined by the long-term unemployed with family responsibilities who have exhausted their protection from unemployment and who, for this reason, are facing the greatest challenges today. placement difficulties and special protection needs.

The requirements for the unemployed to access the programme are set out in Article 2 and relate to various aspects such as the need for at least six months after the unemployed. In the case of a person who has been employed in the Public Service of the Member State of the European Union, he or she shall be entitled to the employment of the person who has been employed in the public service. Competent employment on 1 December 2014 and the stay in that situation during a period of (a) a period of time; a lack of the right to contributory or aid protection for unemployment, or to the active income of insertion; lack of income, of any kind, in excess of 75 per cent of the minimum wage; interprofessional; credit family responsibilities; as well as meet certain activation obligations.

Therefore, the programme is intended for people with family responsibilities who have been linked to the labour market in the past and who are currently unemployed but who have, however, been left behind. outside the scope of the unemployment protection at least six months ago.

It also highlights that the program is based on a culture of shared responsibility of activation for employment by both the Public Employment Services, providers of the activation measures, and by the own beneficiaries.

Thus, Article 6, when regulating the development of the programme, recognises the Public Employment Services as those responsible for drawing up the individual and personalised route of employment, assigning an individual tutor and, in short, guide the beneficiaries in the process of return to employment. For this purpose they will have their own resources or the public-private partnership, whose synergies must be made available for employment activation.

For their part, beneficiaries will have to comply with a number of activation obligations, as set out in Article 3, which can be grouped into three blocks: to subscribe to an activity commitment, to accredit active search actions employment, and participate in the actions to improve the employability and active search for employment provided for in the individual and personalised route of employment.

In addition, the programme offers accompanying economic assistance. In this regard, Article 7 recognises that the aid will be for a maximum duration of six months and that its amount will be equal to 80% of the public indicator of monthly multiple effects income in force at any given time. This assistance will enable beneficiaries to participate actively and to make better use of the measures proposed to them in response to their specific needs in the search for employment.

Therefore, the programme aims to avoid the risk of remaining unemployed persons and to contribute to their effective activation and insertion in the labour market, while providing assistance for the unemployed. the economic situation in which a difficult personal situation can be addressed in the transition back to the working environment.

In addition, Article 8 regulates, as a novel element of this programme, that beneficiaries may be able to reconcile an employed contract with the perception of the accompanying aid. In this way, the formalisation of a contract with a private company is permitted and the latter takes into account the aid which the beneficiary will continue to receive in the calculation of the salary remuneration corresponding to a maximum of five months. It is therefore a legal exception to the general provisions of the labour law as regards the business obligation to pay the corresponding salary in full, which is justified in the provision of an incentive which can act effectively for the insertion and employment of the target group of the programme.

With this measure, incentives are enhanced so that the unemployed collective can gain real work experience, which is an important potential for employability improvement.

In Articles 4 and 5 the procedural aspects are regulated both to be incorporated into the programme and for the production of a definitive or temporary reduction in the programme and the perception of the aid. It is particularly relevant that in order to be admitted to the programme and to obtain recognition of the accompanying economic aid, the unemployed persons must submit the application for incorporation into the programme between 15 January 2015 and 15 April 2016.

Finally, Article 9 clarifies that the financing of economic aid will be included in the protective action for unemployment and will be carried out by the State Employment Public Service budget.

As regards the additional provisions contained in this royal decree-law, it is noted that the additional provision first enables the State Employment Service to develop the procedure for granting and paying the aid, as well as to establish the necessary mechanisms for the coordination and exchange of information with the Public Employment Services of the Autonomous Communities and the placement agencies when they act in collaboration with those.

The second additional provision regulates the distribution of competencies between the State Employment Public Service and the Public Employment Services of the Autonomous Communities. The first is the management and payment of the financial assistance provided for in the activation programme, and the latter will be responsible for allocating the individual and personalised route of employment and the actions to improve employability for the implementation of this programme in accordance with the provisions of the actual transfer decrees.

The third additional provision provides for an evaluation of the program, in order to analyze the results obtained, three months before the end of its term, to determine its effectiveness. The Ministry of Employment and Social Security, the competent authorities of the autonomous communities and the social partners will be jointly responsible for this. In 2016, the results of this evaluation will be taken into account for the allocation of funds from the expenditure budget of the State Employment Public Service between the different Autonomous Communities, in the terms agreed upon in the the respective Sectoral Conference on Employment and Labour Affairs.

The second, third, fourth and fifth final provisions, respectively, provide for the amendment of paragraph 2 of the eighth transitional provision of Law 3/2012 of 6 July of urgent measures for the reform of the labour market; amendment of Article 2.1.b) of Royal Decree 1369/2006 of 24 November 2006 regulating the programme of active employment for the unemployed with special economic needs and difficulty in finding employment; the amendment of Articles 32.1.c) and 33.2 of Royal Decree 625/1985 of 2 April 1985, which Law 31/1984, of 2 August, of Protection for Unemployment and, finally, the deletion of paragraph 4 (c) and the amendment to Article 21a (5) of Law 56/2003 of 16 December 2003, of 16 December 2003, are developed.

III

The fourth additional provision regulates the cases of force majeure in which the General Treasury of Social Security may recognise certain undertakings, affected by a suspension of work contracts or reduction of (a) the exemption from payment of up to one hundred per cent of the business contribution provided for in Article 214.2 of the recast text of the General Law on Social Security in order to promote the maintenance of employment.

It is necessary for companies that intend to benefit from the exemption to comply with basic obligations such as to be current in compliance with their tax and social security obligations; to justify the damages In the case of the Commission, the Committee of the European Parliament, the Committee of the European Parliament, the Committee of the European Parliament, the Committee of the European Parliament, the Committee of the European Parliament and the Committee of the European the event of a catastrophic nature.

Finally, it is imperative that companies assume basic commitments linked to the reinvestment necessary for the restoration of the activities affected by the cause of force majeure and to maintain in the employment of one hundred percent of the workers affected by the suspension of contract or the reduction of working hours.

The exemption for companies from the payment of the Social Security business quotas will last for a maximum of 12 months, stressing that, within the 12-month period, a temporary contract will be extinguished by the If the contract is to be completed by the end of the contract, the undertakings may continue to benefit from the exemption for the period up to the 12 months provided that they subscribe to the worker concerned by the contract. an indefinite contract for an indefinite period. The General Treasury of Social Security may, upon application of the undertaking, extend for another 12 months the exemption granted to undertakings provided that it is established that the undertaking continues to comply with the requirements laid down in the the initial recognition of the exemption, such as that it has implemented the commitments acquired in terms of the necessary reinvestment in the company and the maintenance of the employees affected by the suspension or reduction.

IV

In the measures that are adopted, the circumstances of extraordinary and urgent need that Article 86 of the Spanish Constitution requires as a premise for recourse to the figure of the royal decree-law are necessary.

It is crucial to move the incipient economic recovery to employment with the greatest possible speed and intensity. This suggests that measures should be taken to stimulate employment opportunities, especially for those with the greatest employability problems and who, after a prolonged period of recession, are at risk of remaining in this situation. being excluded from the aforementioned recovery process and making it difficult for them to enter the labour market and their career prospects and personal development.

The program contained in this royal decree-law, with immediate effectiveness, responds to this need and, as such, has an exceptional and limited character in time.

It is important to highlight the participation of the autonomous communities, as well as the social partners, in the establishment of the bases that have oriented the program that regulates this real decree-law.

The same can be noted with regard to the exemption from the payment of the business quota, the ultimate basis of which is in the existence of natural disasters of an unforeseeable nature and which may therefore affect the companies and their productive activity at any time. Because of this unpredictable nature and in order to promote the maintenance of employment, it is important that companies are protected against the serious economic consequences that these kinds of extraordinary events often bring with them. before possible.

Therefore, the need for the immediate implementation of the measures adopted constitutes the enabling act of extraordinary and urgent necessity that the Constitution requires in Article 86 to approve this real. decree-law.

In its virtue, in the use of the authorization granted in Article 86 of the Constitution, on the proposal of the Minister of Employment and Social Security and after deliberation of the Council of Ministers at its meeting on December 19, 2014,

DISPONGO:

Article 1. Object.

1. The actual decree-law is intended to regulate the Employment Activation Programme. This is a specific and extraordinary programme of a temporary nature, aimed at long-term unemployed persons who meet the requirements laid down in Article 2.

2. The programme includes active employment policies, employment intermediation activities, managed by the Public Employment Services with the aim of increasing the opportunities for return to the labour market, and economic aid for the accompanying the State Employment Public Service and related to the participation in the above activation policies for employment.

Article 2. Beneficiaries.

1. The unemployed persons who, by submitting the application for incorporation within the time limit referred to in Article 4, may be eligible for this programme shall meet the following requirements on the date of such application:

(a) Haber at least six months after the exhaustion of any of the following aids or benefits: the Active Income of Insertion (RAI) regulated in Royal Decree 1369/2006 of 24 November 2006, for which the Active Income Program for the Inserts for Unemployed with Special Economic Needs and Difficulty to Find Employment, or in the rules that preceded it, when the third right to it has been exhausted; the Temporary Program of Protection and Insertion (PRODI) regulated by the Royal Decree-Law 10/2009 of 13 August, for which the Temporary Programme for the Protection of Unemployment and Insertion; the Programme for the Professional Recovery of Persons, which Agots their Protection for Unemployment (PREPARA), regulated in Royal Decree-Law 1/2011 of 11 February, of urgent measures for promote the transition to stable employment and the retraining of unemployed persons, as well as in successive royal decree-laws which have extended this programme.

The effects of this paragraph shall not be deemed to be exhausted from the termination of a penalty or a reduction in the right to the benefit of the beneficiary.

b) Be registered as a job seeker in the competent Public Employment Service as of 1 December 2014. This requirement shall be deemed to be fulfilled in cases where the worker, who is not yet registered as a jobseeker on that date, is interrupted by registration due to the performance of an employed person, provided that the duration of the contract has been for a period of less than 90 days.

(c) Haber remained registered as an employment plaintiff for 360 days in the eighteen months immediately prior to the date of application for incorporation into the program.

d) Carishing the right to contributory or welfare protection for unemployment, or to the active income of insertion.

(e) to have ceased involuntarily in a job as an employed person prior to the exhaustion of the last right of those referred to in point (a) above. In addition, if it had been worked out after the exhaustion of that right, it would have unintentionally ceased in the last work done.

f) Rent of income, of any kind, higher in monthly computation to 75 percent of the minimum interprofessional salary, excluding the proportional share of two extraordinary pages, and credit family responsibilities. The consideration of income and the accreditation of family responsibilities shall be carried out in accordance with paragraphs 3.2 and 2, respectively, of Article 215 of the recast of the General Law on Social Security, adopted by Royal Decree Legislative 1/1994 of 20 June. For these purposes, the income derived from the activities compatible with the aid will not be taken into account.

(g) In the event that after the exhaustion of any of the benefits or aid provided for in paragraph (a), any minimum income, social wages or similar social assistance aid granted by the Member State concerned has been received. any Public Administration must have elapsed at least 6 months after the completion of the collection of these rents prior to the application of this program.

h) Meet the activation obligations provided for in Article 3.

2. For the purposes of access to the programme, it shall not be deemed to be an unemployed person to whom, on the date of application for incorporation, he/she is working as a part-time employee.

Article 3. Activation obligations.

For incorporation and maintenance in the programme, unemployed persons shall, in addition to the requirements set out in Article 2, comply with the following obligations:

(a) Subscribe at the time of the application a commitment of activity under which they will carry out the various actions favoring their employment insertion that are agreed by the Public Employment Services, or by their collaborating entities as provided for in Article 6, as well as:

1. Accept the appropriate placement offered to them by the Public Employment Services or by the placement agencies when they develop activities in the field of collaboration with those during the participation in the programme. For these purposes, the appropriate placement shall be governed by Article 231.3 of the recast text of the General Law on Social Security.

2. Renew the employment demand in the form and dates as determined in the renewal document of the application and appear, when they have been previously required, before the Public Service of State Employment, the Services Public Employment or placement agencies when they develop activities in the field of collaboration with those.

3. First Communicate, at the time they occur, variations in income, wealth or family unit, as well as situations that may result in incompatibility with the aid.

4. Reintegrate unduly perceived aid.

5. To provide the Public Employment Services or, where appropriate, the placement agencies when they carry out activities in the field of collaboration with those, within five days, the corresponding supporting evidence of compared to the place and date indicated to cover the offers of employment provided by them.

6. To credit for the duration of the program and when required by the competent Public Employment Service, the active job search.

7. Provide documentation and accurate information for incorporation and maintenance in the program and communicate to the Public Employment Services and the State Employment Public Service, the address and, where appropriate, the change of the address, provided for the purpose of notifications, at the time it occurs.

8. To authorize the Public Employment Services to communicate the condition of the beneficiary of the programme and of the economic aid to the placement agencies that carry out activities in the field of collaboration with them, thus as to the companies that request it.

9. Inform companies of their status as an applicant or beneficiary of the program when they perform active job search activities or when they celebrate with these work contracts.

(b) Credit to the State Employment Public Service that within one month of the filing of the application they have made at least three active employment search (BAE) actions. The accreditation shall be carried out within 10 working days following the expiry of the said period of one month.

BAE actions will be considered each of the following:

1. Self-employed or other work.

2. Mailing or submitting resumes in at least three different companies.

3. th Realization of at least one job interview.

4. Enrollment in at least one placement agency.

5. Enrollment as an applicant for employment in at least two public or private employment portals.

6. First Presentation, at least, to a job offer managed by the Public Employment Services.

7. The number of other companies offered by the Public Employment Services and specifically training actions or information actions and actions aimed at self-employment and entrepreneurship.

c) Participate in the actions to improve employability and active job search, provided for in the individual and personalised employment itinerary, which, prior to the start of the programme, has been assigned to them by the Public Employment Services. This itinerary shall be allocated within one month of the request in accordance with the provisions of Article 6.

However, if the Public Employment Service had not been able to make the itinerary within one month, in order for the application for admission to the programme to be approved, this itinerary must be carried out before the the three months of the State Employment Public Service to resolve the application, in accordance with the provisions of Article 4.3.

Article 4. Application and incorporation into the program.

1. In order to be admitted to the programme and to obtain recognition of the accompanying financial assistance provided for in Article 7, the unemployed persons shall submit the application for incorporation into the programme between 15 January 2015 and 15 January 2015. April 2016.

The application shall be submitted, in accordance with the model to be determined, in the office of the State Employment Public Service that corresponds to the unemployed person.

The application shall be accompanied by the supporting documentation that the requirements set out in Article 2 are met and shall contain the commitment of activity to be subscribed by the applicant.

2. Once it has been established by the State Employment Public Service that the access requirements referred to in Article 2 are met, the applicant shall be informed that, in order to be admitted to the programme and to the payment of the corresponding financial aid, it must prove that it has carried out the actions of the BAE under the terms set out in Article 3, as well as having assigned an individual and personalised route of employment, in the terms set out in Articles 3 and 6.2.

The request shall also be transferred to the Public Employment Service competent for the purposes of initiating the necessary actions for the diagnosis of the applicant's profile, the elaboration of the individual itinerary and personalised employment and the assignment of an individual guardian, in accordance with the terms laid down in Article 6.

3. Once the BAE has been accredited and the worker has been assigned the individual and personalized employment itinerary, as well as the individual tutor, the State Employment Public Service will dictate a resolution recognizing the worker's incorporation into the the programme, which will involve its right to the perception of economic aid and the possibility, where appropriate, of making it compatible with the work in the terms laid down in Article 8. The State Employment Public Service shall resolve the application within three months of the date on which the application was lodged. After the deadline without express resolution, the application shall be deemed to have been rejected by administrative silence.

4. The decision taken by the State Employment Public Service may be brought before the social court within 30 days of notification of the decision.

Article 5. Low and reinstatement to the program and economic aid.

1. They will ultimately cause the program to be low, while the corresponding economic aid, the beneficiaries in which one of the following circumstances will be present:

(a) Failure to comply with obligations arising from the undertaking of activity and which are fulfilled in the individual and personalised route of employment, except for justified reasons.

b) Failure to appear before the State Employment Public Service or the public employment services, not to renew the demand for employment in the form and dates to be determined in the renewal document of the whether or not to return to the Public Employment Services the appropriate supporting evidence of having appeared at the place and date indicated to cover the job vacancies provided by those services or the placement agencies where the develop activities in the field of collaboration with those, except for justified reasons.

(c) Do not credit active search for employment in the terms set out in Article 3, when required by the Public Employment Services.

d) Reject an appropriate placement offer offered to you by public employment services or placement agencies when they develop activities in the field of collaboration with those.

e) Reject participation in employment programmes, promotion, training or retraining measures, which will determine public employment services or placement agencies when they carry out activities in the field collaboration with those.

f) Drop voluntary low on the job that is accessed during the program.

g) Working for a full-time or part-time employment for a period of time equal to or greater than 90 days, where the undertaking does not proceed to discount the salary which is legally or conventionally applicable to the worker the economic activity which it receives, as provided for in Article 8.

h) Work for your own account for a period of more than 180 days.

i) Access to an unemployment benefit, unemployment benefit or agricultural income, or obtain other pensions, benefits or social assistance.

(j) Stop gathering the requirement for a lack of income or family responsibilities as referred to in Article 2, except as provided for in the following paragraph.

k) The transfer abroad, except for actions referred to in the individual and personalised employment itinerary and has been authorised by the guardian assigned in the Programme.

l) Voluntary renunciation of the program.

m) Obtaining or unduly maintaining the perception of economic aid.

2. They will cause temporary leave in the programme, while leaving the corresponding economic aid, the beneficiaries in which one of the following conditions is present, to be paid during the period:

(a) Work as a full-time or part-time employee for a period of less than 90 days, where the undertaking does not proceed to discount the salary which is legally or conventionally applicable to the worker in the form of the economic aid receives, as provided for in Article 8.

b) Work for your own account for a period of less than 180 days.

(c) The loss of the family income or liability requirement referred to in Article 2 for a period of less than 180 days.

3. The temporary discharge in the programme and the aid for the reasons provided for in the preceding paragraph may be granted the right to return to the programme provided that it is requested within the time limit for the application provided for in Article 4.1. (a) to satisfy the conditions laid down in Article 2 (d) and (f), and, where appropriate, to have ceased work on behalf of others by crediting the legal status of unemployment. Reinstatement will require the prior registration as a job seeker and reactivation of the activity commitment.

The period of time during which the worker is in a temporary low status in the programme, without receiving the financial support, as provided for in paragraph 2 of this Article, shall not be counted for the purposes of the period of duration of the aid.

4. The reductions and reinstatement of the programme shall be settled by the State Employment Public Service and shall be communicated to the competent Public Employment Services for the purposes corresponding to the continuity, or not, of the various Labour insertion actions as provided for in Article 6.

5. The processing of the losses in the programme in the cases referred to in paragraphs (a), (b), (c), (d), (e), (i) and (k) of paragraph 1 may be initiated as soon as information is available on the non-compliance with any of the obligations or since the detect irregularities in the implementation of the programme. As a result, the programme will have a low level of prudential supervision and the interested party will be given a hearing so that, within 15 days, it will make written submissions in writing. After that period, the appropriate resolution shall be adopted within the next 15 days.

Against the decision handed down by the State Employment Public Service may be brought before the social court in the terms provided for in Article 4.4.

6. Beneficiaries who have wrongly received the accompanying economic aid will be obliged to reintegrate their amount. The requirement for repayment shall be made in accordance with the provisions laid down for unemployment benefits in Article 227 of the recast of the General Law on Social Security and its implementing legislation.

Article 6. Development of the activation programme for employment.

1. The programme shall aim at the activation and labour insertion of its beneficiaries and shall be accessible only once.

2. Prior to admission to the programme, the competent Public Employment Service shall assign to the beneficiary an individual guardian who shall draw up the individual and personalised route of employment within one month of the application for the admission to the programme, based on an individual interview to enable a prior diagnosis of the worker's profile.

3. The guardian shall be responsible for drawing up, where appropriate, and monitoring the itinerary, proposing the necessary activation measures to enable the worker to be inserted into the labour market, as well as for the control of the remaining obligations acquired. in the activity commitment. In particular, the tutor will be responsible for managing the services and programmes of guidance and intermediation and vocational training needed for the insertion of work, as well as for the individual monitoring of placements which occur during the lifetime of the program.

The beneficiary shall inform the guardian of any procurement it makes in accordance with the compatibility provided for in Article 8.

4. Information concerning the services or programmes which are set up by the individual and personalised route of employment must be collected in the Public Employment Services Information System within the maximum period of one month from the date of the started.

5. The activation measures shall take into account current trends in the labour market and the training needs of the beneficiary. They will also have to look at the attention of companies, their recruitment needs, the type of professional profiles they require, the search and the proposal of candidates by means of surveys among the participants in the programme, and the monitoring of the hires made.

6. The Public Employment Services shall communicate to the State Employment Public Service:

(a) The identity of the individual guardian to be assigned to the applicant for the programme, the itineraries to be drawn up, and the placements to be carried out during the course of the itineraries, as well as their follow-up. The itineraries must be communicated immediately after their preparation.

b) Failure to comply with any of the obligations incurred at the time of application for incorporation into the programme, as well as the maintenance of registration as a job seeker, effective participation in the programme individual and personalized employment itinerary and active job search.

Article 7. Accompanying economic aid.

Once the resolution of admission to the programme and of recognition of the accompanying economic aid, as provided for in Article 4.3, has been given by the State Employment Public Service, the beneficiaries may to receive financial assistance in accordance with the following paragraphs:

(a) The maximum duration of the economic aid shall be six months, although the insertion actions provided for in the programme may continue to be carried out after this period.

(b) The amount of the aid shall be equal to 80% of the public monthly multi-purpose income indicator in force at any time.

(c) The economic effects of the recognition of economic aid shall be produced from the day following the period of one month from the day on which the application for incorporation into the programme is submitted, the applicant accredit, within 10 working days following the end of the period indicated, that the BAE has been carried out during the period and form laid down in Article 3, and has been assigned to it by the Public Service of Competent employment the individual and personalised route of employment.

If the individual and personalised route of employment by the competent Public Employment Service has not been drawn up within one month, the economic effects of the aid will only be produced from the the date on which it is established that the applicant is assigned that itinerary, in accordance with the terms laid down in Article 3.

(d) The periodic payment of the financial assistance shall be made by the State Employment Public Service within the month following the accrual.

Article 8. Compatibility and incompatibility of the accompanying economic aid.

1. Once admitted to the program, the economic aid will be compatible with:

(a) Aid of any kind which may be obtained by assistance for vocational training measures for employment.

(b) work as an employed person, full or part time, and of indefinite or temporary duration, up to a maximum of five months, provided that the work is carried out in undertakings or entities which are not part of the public sector, Article 3.1 of the recast text of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November.

2. In the case referred to in paragraph (1) (b), the worker shall maintain the perception of the economic aid during the term of the contract for the time he receives for the contract up to a maximum of five months.

During this time, the employer will deduct the amount of the financial aid from the amount of the salary that corresponds to the worker legally or conventionally. In the case of part-time employment, the amount of the financial aid to be deducted from the amount of the salary shall be proportional to the time actually worked. Notwithstanding the foregoing, the salary to be taken into account for the purposes of calculating both the termination of the contract of employment and the basis of contributions to the Social Security shall be that which, legally or conventionally, corresponds to the worker.

For the application of the compatibility, the worker must submit to the company a document supporting the period and the amount of the economic aid recognized, the resolution adopted by the company being valid for these purposes. State Employment Public Service recognizing admission to the program and payment of the aid.

3. To this contract, the bonuses or reductions in the Social Security contributions that correspond according to the current regulations will apply to you as long as the contract concluded meets the requirements established in each case. However, the amount of the financial aid to be deducted from the amount of the salary, in concurrence with public support measures other than those mentioned above or reductions in the social security contributions, may not exceed 80% of the cost Annual salary corresponding to the contract which would have been formalised, excluding the Social Security contributions.

In the event of termination of the contract before the end of the beneficiary's participation in the programme, and provided that the conditions for access to a contributory benefit or unemployment benefit are not met, the worker must report the termination of the contract to the Office of State Employment Public Service benefits within the next 15 days, and reactivate the commitment of activity to maintain participation in the program and the perception of the time taken from the accompanying economic aid.

4. The economic aid shall be incompatible with:

(a) The collection of income of any kind which shall exceed the limits laid down in Article 2, without any income arising from compatible actions or work being taken into account for such purposes. with the perception of income.

b) The perception of unemployment benefits or subsidies, or of agricultural income.

c) The perception of pensions or economic benefits of social security that are incompatible with the work.

(d) The simultaneous completion of self-employment or self-employment, full or part time, except where it is compatible as set out in point 1.b).

e) The perception of any type of minimum income, social wages or similar social assistance aids granted by the Public Administrations.

Article 9. Funding.

1. The financing of the financial assistance provided for in Article 7 shall be included in the unemployment protective action and shall be carried out by the State Employment Public Service budget.

2. The financing of the design, allocation and monitoring of the individual and personalised route of employment, as well as the insertion actions included in the activation programme for employment, will be carried out on the basis of the respective Autonomous Communities.

3. The autonomous communities shall use in the implementation of this programme the amounts from the budget of the State Employment Public Service expenditure allocated to them as a result of the criteria approved in the respective budget. 2015 Sectoral Employment and Labour Affairs Conference, in the terms laid down in the rules or conventions to set, among other issues, the conditions for the management of these funds in accordance with Article 86 of Law 47/2003, November 26, General Budget.

4. Without prejudice to the above paragraph, the Autonomous Communities may allocate additional own resources to finance the proper management of the activation and insertion programme for employment.

Additional disposition first. Reporting obligations.

1. In order to ensure the proper functioning of this programme and to ensure the same access to all potential beneficiaries, the State Employment Public Service is enabled to develop the concession and payment procedure. of the aid, as well as to establish the necessary mechanisms for coordination and exchange of information with the Public Employment Services as well as with the placement agencies when they act in collaboration with those.

2. Furthermore, the competent Public Employment Services shall provide the necessary measures to inform at all times the undertakings and the placing agencies which request it on the beneficiaries of this programme for the purposes of promoting their job insertion.

3. In the case of recruitment of beneficiaries of the programme which are compatible with economic aid as provided for in Article 8, the employer shall report on this circumstance at the time of communication of the contract.

Additional provision second. Distribution of competencies.

1. It is up to the State Employment Public Service, through its provincial addresses, to manage and pay for the financial assistance provided for in the activation programme. Persons holding the provincial addresses shall issue a resolution recognizing or denying the right to admission to the programme, as well as resolving the casualties and the reinstatement thereof.

The judgments given shall be enforceable before the courts of the social order, after having complained to that body, in the manner provided for in Article 71 of Law 36/2011 of 10 October, regulating the social jurisdiction.

In addition, the State Employment Service shall make payment of the aid provided for in Article 7, the control of requirements and incompatibilities, the requirement for the refund of the amounts unduly paid, and compensation for unemployment benefits or for the active income from the insertion of amounts unduly paid for by any of those perceptions, all in the same terms as for unemployment benefits.

The State Employment Public Service will also be competent to develop actions to improve employability in the field of active employment policies to be financed from the appropriations. specifically authorised, by the annual State General Budget Law, in its state of expenditure as a direct management reserve, in accordance with Article 13 (h) of Law 56/2003 of 16 December 2003 on Employment.

2. The autonomous communities, which have assumed the transfer of the management carried out by the former National Employment Institute, the current State Employment Public Service, in the field of employment, employment and training, will be responsible for allocating the individual and personalised employment itinerary and the actions to improve employability for the implementation of this programme, in accordance with the provisions of the actual transfer decrees.

3. The Social Institute of the Navy shall exercise the powers conferred on the Public Service of State Employment concerning the management of the activation programme when it applies to the unemployed from the Special Social Security System of Workers of the Sea.

Additional provision third. Assessment.

In order to analyze the results obtained by the program, an evaluation of the program will be carried out, three months before the end of its term, in order to determine the effectiveness of the Program and, if necessary, determine the need to articulate their continuity or to carry out any kind of adaptation. This evaluation will be carried out jointly between the Ministry of Employment and Social Security, the competent authorities of the Autonomous Communities and the social partners.

In the year 2016, the results of this evaluation will be taken into account for the allocation of funds from the State Employment Public Service expenditure budget among the different Autonomous Communities, in the terms to be agreed in the respective Sectoral Conference on Employment and Labour Affairs.

Additional provision fourth. Exemption from the payment of quotas in cases of force majeure to promote the maintenance of employment.

1. Companies which, after a decision of the employment authority, agree to suspend work contracts or reduced working time due to force majeure may request the General Treasury of Social Security for an exemption of up to 100%. 100% of the payment of the business contribution provided for in Article 214.2 of the recast of the General Law on Social Security, provided that the following circumstances are met:

(a) That the cause of force majeure derives from catastrophic natural events, unforeseeable or that having been foreseen are inevitable, such as earthquakes, tidal waves, fires, floods, pests, explosions, storms, wind and sea, provided that they involve the total or partial destruction of the facilities of the company or work centre, preventing the continuity of the work activity for the workers concerned.

b) To be credited, by means of a mandatory report of the Special Directorate of the Directorate-General of the Labour and Social Security Inspectorate requested by the General Treasury of Social Security, that the force majeure meets the characteristics referred to in the preceding paragraph. This report is without prejudice to the requirement under Article 51 of the Workers ' Statute and its implementing rules.

c) That companies are aware of the compliance with their tax and social security obligations and justify the damages suffered, the impossibility of continuing the work activity and the loss of activity derived directly from the force majeure assumption.

d) That the enterprises, at the time of the event of a catastrophic nature, would have secured the essential goods to carry out the productive activity affected by force majeure.

e) that the companies undertake to make, for the duration of the exemption, the reinvestment necessary for the restoration of the activities affected by the cause of force majeure. To verify compliance with this commitment, the General Treasury of Social Security may require the appropriate technical advice and reports.

(f) Companies are committed to maintaining in employment, during the year after the end of the suspension or reduction, 100 percent of the workers affected by the suspension of contract or the reduction of working hours, excluding workers who are relocated to other workplaces.

2. The resolution of the General Treasury of Social Security shall indicate the percentage of exoneration that is recognized. The circumstances to be taken into account for fixing such a percentage shall be, inter alia, the economic situation of the undertaking, the economic impact of the force majeure on other ancillary undertakings of the undertaking concerned, the prospects for maintenance and job creation in the medium and long term, as well as the percentage of undefined workers in its workforce.

3. The exemption for undertakings from the payment of the Social Security business quotas referred to in this provision shall be for a maximum duration of 12 months from the recognition decision issued by the General Treasury for Security Social.

When, within the 12-month period specified in the preceding paragraph, a temporary contract is extinguished due to the expiration of the agreed time or performance of the work or service subject to the contract, the companies may continue to benefit from the exemption for such contracts for the time remaining up to the age of 12 months provided that an indefinite contract is concluded with the worker affected by the termination.

The General Treasury of Social Security, upon request of the company, may extend the exemption granted to companies for another 12 months provided that it is established that the company continues to comply with the (a) requirements which determined the initial recognition of the exemption, such as that it has implemented the undertakings acquired in respect of the necessary reinvestment in the undertaking and the maintenance in the employment of the workers affected by the suspension or reduction.

4. Undertakings which fail to comply with the commitments required under paragraph 1 (e) and (f) shall reintegrate the amount of the contributions for which they were exempt with the corresponding surcharge and interest on late payment, as established In the case of the social security rules, without prejudice to the application of the provisions of the recast of the Law on Infractions and Sanctions in the Social Order, approved by the Royal Legislative Decree 5/2000, 4 of August.

The maintenance obligation in employment shall not be deemed to be unfulfilled when the employment contract is terminated by disciplinary dismissal declared as coming, resignation, death, retirement or total permanent incapacity, absolute or great invalidity of the worker. In the case of temporary contracts, the obligation to maintain employment shall not be deemed to be in breach where the employment contract is terminated by the expiry of the agreed time or the completion of the work or service which is the subject of the contract. contract.

5. The provisions of this royal decree-law shall apply to applications for exemption from their entry into force. In no case shall the exemption be recognised where more than 3 months has elapsed between the date on which the extraordinary force majeure event and the application took place.

Final disposition first. Competence title.

This royal decree-law is dictated by the provisions of Article 149.1.7. and the 13th of the Constitution, which attribute exclusive competence to the State on labour law, without prejudice to its execution by the organs of the autonomous communities, and the bases and coordination of the overall planning of economic activity, respectively.

Final disposition second. Amendment of Law 3/2012 of 6 July on urgent measures for the reform of the labour market.

Paragraph 2 of the eighth transitional provision of Law 3/2012, of 6 July, of urgent measures for the reform of the labour market, is worded as follows:

" 2. In the case of contracts for training and learning which are signed up to 30 June 2015, in cases where there is no professional training or certificate of professionalism related to the effective work to be carried out, or Training centres available for delivery, the training activity inherent in these contracts will be made up of the minimum indicative content set out in the field of training, accessible for consultation in the www.sepe.es and the Public Services of the Public Services www.sepe.es the State Corresponding employment of the Autonomous Communities, for occupations or specialties relating to the work activity referred to in the contract; failing that, it shall consist of the training content determined by the undertakings or communicated by them to the State Employment Public Service, for the purposes of their validation within the framework of the National Employment System. The time limit set before 31 December 2015 may be extended by Order of the Ministry of Employment and Social Security. "

Final disposition third. Amendment of Royal Decree 1369/2006 of 24 November, regulating the programme of active income for the unemployed with special economic needs and difficulty in finding employment.

One. Article 2 (1) (b) of Royal Decree 1369/2006 of 24 November 2006 regulating the programme of active employment for the unemployed with special economic needs and difficulty in finding employment is hereby approved. Read as follows:

" (b) Be a jobseeker registered uninterruptedly as an unemployed person at the employment office for 12 months or more. For these purposes, the demand for employment shall be deemed to be interrupted for having worked for a cumulative period of 90 or more days in the 365 days prior to the date of application for incorporation into the programme.

During the registration as a jobseeker referred to in the preceding paragraph, employment must be actively sought, without having refused the right job offer or refusing to participate, except for justified reasons, in promotion, training or retraining activities or other actions to increase the employability.

At the time of the application, it must be credited to have made during the registration period before indicated active search actions for employment in the form that is determined regulatively. As long as such a normative development takes place, they will be credited in the form set out in Article 3 of the Royal Decree-Law 16/2014 of 19 December, which regulates the Programme of Activation for Employment.

The foreign exit interrupts the registration as a job seeker for these purposes.

Registration shall not be deemed to have been interrupted when the applicant proves that the departure abroad has occurred by marriage or child birth, death or serious illness of the spouse or relatives up to the second degree of consanguinity or affinity or for the fulfilment of an inexcusable public and personal duty, and provided that the stay has been equal to or less than 15 days.

Also, it will not interrupt the registration of the exit to countries of the European Economic Area and Switzerland for the search or realization of work, professional improvement or international cooperation, and whenever the stay is less than 90 days.

In cases where the demand for employment is interrupted, an uninterrupted 12-month period will be required from the new registration. "

Two. The Government may, by means of royal decree, amend the provisions of the previous paragraph.

Final disposition fourth. Amendment of Royal Decree 625/1985, of 2 April, for the development of Law 31/1984, of 2 August, of Protection for Unemployment.

Royal Decree 625/1985 of 2 April, for which Law 31/1984 is developed, of 2 August, of Protection for Unemployment, is worded as follows:

One. Article 32 (1) (c) is read as follows:

(c) After that period, if there is a liability, a decision shall be made indicating the amount of the benefit and the extent of the liability of the employer or the employer, and the amount of the the provision within the period of 30 days from the date of notification of the decision. If the debt is not reintegrated within that period, the provisions of Article 69 et seq. of the General Regulation on the Collection of Social Security, approved by Royal Decree 1415/2004 of 11 June, as well as the provisions of the Article 39 et seq. of that Regulation where the debtor is a public entity. '

Two. Article 33 (2) is hereby worded as

:

" 2. The worker shall have a period of 30 days from the date of notification of the decision to reintegrate the amount of the benefit or allowance unduly paid. On the expiry of that period, without the repayment of the debt, in cases where the compensation or discount as referred to in Article 34 is not applicable, or where the compensation or discount is not granted, It would have been possible to cancel the debt in its entirety, as set out in Article 80 of the General Regulation on the Collection of Social Security, approved by Royal Decree 1415/2004 of 11 June. "

Three. The Government may, by means of royal decree, amend the provisions of the preceding paragraphs.

Final disposition fifth. Amendment of Law 56/2003, of 16 December, of Employment.

Law 56/2003, of 16 December, on Employment, is amended as follows:

One. Article 21a (4) (c) shall be deleted.

Two. Article 21a (5) is worded as follows:

" 5. The placement agencies may be considered as collaborating entities of the public employment services, with the scope provided for in the implementing rules of this Law.

The legal instrument in which this collaboration is articulated must regulate the mechanisms of communication by the agencies of the placement of breaches of the obligations of the workers and of the applicants and beneficiaries of unemployment benefits provided for in Article 231.1 of the recast text of the General Law on Social Security, adopted by Royal Decree-Law 1/1994 of 20 June. '

Final disposition sixth. Powers of development.

The head of the Ministry of Employment and Social Security is empowered to dictate the provisions that are necessary for the development and implementation of the provisions of this royal decree.

The head of the Directorate-General of the State Employment Public Service, in the field of his or her powers, is also empowered to dictate how many resolutions are necessary for the development of this royal decree-law.

Final disposition seventh. Entry into force.

This royal decree-law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

However, the provisions regarding the activation program for employment regulated by this royal decree-law will have effects since January 15, 2015.

The fourth final disposition will produce effects on the date of the subscription of the concert between the State Employment Public Service and the General Treasury of Social Security that regulates the collaboration in the field of collection the award of benefits unduly paid by the employees and those of whose payment the undertakings are responsible.

Given in Madrid, on December 19, 2014.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY