The employment guidelines of the European Union, which are set out in the action plans for the employment of the Kingdom of Spain, have highlighted the idea that an effective unemployment policy should not be based exclusively on the the guarantee of income, but in the combination of this with appropriate measures of employment insertion and, therefore, propose that social benefit systems actively promote the ability to insert the unemployed, particularly those of with greater difficulties. In order to reply to these guidelines, by Royal Decree 236/2000 of 18 February 2001, by Royal Decree 781/2001 of 6 July 2001, by the first provision of Law 45/2002 of 12 December 2003, by Royal Decree 945/2003, of 18 March 2003, July, and by Royal Decree 3/2004 of 9 January, were regulated in the years 2000, 2001, 2002, 2003 and 2004, respectively, an active employment income program, which combined active employment measures with passive. The results of these programmes have shown that while the dual objective of re-integration and protection against unemployment must be maintained, in the form of unemployment, the content of these programmes should also be adjusted annually for their more effective application to the different protected groups. Therefore, paragraph 4 of the fifth final provision of the recast text of the General Law on Social Security, adopted by the Royal Legislative Decree 1/1994 of 20 June, states: " The government is enabled to regulate, within the framework of the (i) protection of unemployment and the financial and management arrangements laid down in Chapter V of Title III of this Law, the establishment of a specific aid, called the active income for insertion, aimed at the unemployed with special economic needs and difficulty in finding employment that will acquire the commitment to carry out actions encouraging their employment integration. " The active employment income is thus part of the unemployment protective action of the public social security scheme, although it is specific and differentiated from the contributory and assistance level, as referred to in paragraph 1 of the Article 206 of the recast text of the General Law on Social Security, but to which Article 206 (2) applies, where it provides that such protective action shall include specific training, improvement, guidance, retraining or vocational integration in favour of unemployed workers. In compliance with the fifth final provision cited above, this royal decree establishes a programme for the year 2005 granting an active income for the insertion of the unemployed who subscribe to the undertaking of activity under which they manifest their full availability to actively seek employment, to work and to participate in the actions offered by the public employment services and aimed at promoting their employment integration. On the basis of this commitment, different employment policies, active and passive, will be applied to the various groups to which the programme of unemployed people is heading in need and whose employment opportunities are lower: to be over 45 years of age, long-term unemployed or returning migrants; or for being unemployed of any age, disabled or victims of gender-based violence, provided that, in each case, they meet the requirements to be beneficiaries of this. The most important amendments incorporating the programme in 2005 in relation to the previous programmes are the following: the maximum duration of the income is extended to 11 months; an aid is created to encourage the work; the waiting period for the start the accrual of the income is reduced from three months to one month and the processing of the program is simplified. This programme is limited to the year 2005 and is linked to the budget for that year, without prejudice to the extension of its validity in successive years at the express provision of the Government. This royal decree has been consulted by the most representative employers ' and trade unions. In its virtue, on the proposal of the Minister of Labour and Social Affairs, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 25 February 2005,

D I S P O N G O:

Article 1. Object.

This royal decree aims to regulate a program for the year 2005, in the terms set out in paragraph 4 of the fifth final provision of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June, which allows for the establishment, within the protective action for unemployment, of a specific aid called the active income for insertion, aimed at the unemployed with special economic needs and difficulty to find employment, as referred to in Article 2, to acquire the commitment to carry out actions which are conducive to their integration into the labour market, as referred to in Article 3.

Article 2. Requirements.

1. Unemployed workers under the age of 65 who, at the date of application for incorporation, have the following requirements: (a) Be older than 45 years may be eligible for the programme.

b) Being a job seeker enrolled uninterrupted 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. (c) not be entitled to unemployment benefits or benefits, or to agricultural income. (d) Rent of income, of any kind, higher in monthly calculation to 75% of the minimum interprofessional salary, excluding the proportional share of two extraordinary pages. For these purposes, even if the applicant does not have any income, in the terms set out above, if he has a spouse and/or children under the age of 26, or less or more disabled, only the requirement of lack of income shall be deemed to be fulfilled. income when the sum of the income of all the members of the family unit thus constituted, including the applicant, divided by the number of members who make up the unit, does not exceed 75% of the minimum inter-professional salary, excluding the proportional part of two extraordinary pages. The amount of social wages, minimum income for insertion or similar social assistance aid granted by the autonomous communities shall be counted as income. Income shall be deemed to be those set out in Article 215.3.2 of the recast of the General Law on Social Security, approved by the Royal Decree of Law 1/1994 of 20 June.

2. In addition, unemployed workers under the age of 65 who, at the date of application for incorporation, may be eligible for the programme shall meet the requirements laid down in one of the following paragraphs:

(a) Credit a disability to a degree equal to or greater than 33%, or be recognised as an inability to decrease in its working capacity of the above percentage, provided that the requirements are met required in paragraph 1, other than that referred to in subparagraph (a).

b) Being a migrant worker who, having returned from abroad in the 12 months preceding the application, has worked for at least six months abroad since his last departure from Spain and is registered as (b) the applicant for employment, provided that the conditions laid down in paragraph 1 are met, except for the requirements laid down in subparagraph (b). (c) have the status of a victim of gender-based violence accredited by the competent authority and be registered as a jobseeker, provided that the conditions laid down in paragraph 1 are met, except those referred to in paragraphs (a) and (b).

3. Beneficiaries of non-contributory invalidity pensions may be incorporated into the programme if they meet, at the time of the application, the requirements laid down in this Article, other than that laid down in paragraph 1 (d), by the person's perception of the (a) pension, provided that they are no longer received, by means of a certificate from the competent authority on the suspension of the pension from the date on which the accrual of the active income for the insertion is initiated.

Article 3. Commitment of activity.

1. In order to be eligible for the programme, workers shall, in addition to the requirements laid down in Article 2, apply for and subscribe to the undertaking for the activity referred to in Article 231.2 of the recast of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June, under which they will carry out the various actions to be determined by the public employment service, in the personal plan of insertion, which will be developed as long as the worker is kept in the program.

2. The public employment services shall apply to workers the employment measures provided for in Article 8. 3. The workers, for incorporation and maintenance in the programme, must fulfil the obligations of the undertaking and those which are specified in the personal plan of employment, as well as the following:

a) Provide documentation and accurate information in order to the accreditation of the requirements for incorporation and maintenance in the program.

(b) To participate in the employment programmes or in the actions of insertion, orientation, promotion, training or retraining, or in those other of improvement of the occupation. c) Accept the appropriate placement offered to them, considering as such the one defined in article 231.3 of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of 20 June. (d) to renew the demand for employment in the form and date to be determined in the document for the renewal of the application and to appear when it is previously required before the Public Service of State Employment or to the public employment services. (e) Communicating the causes of loss, loss of requirements or incompatibilities at the time of such situations. (f) Submit to cover the offer of employment and return to the public employment services, within five days, the appropriate supporting evidence of having appeared at the place and date indicated to cover the offers of employment provided by those. (g) Reintegrate the amounts of the active income from insertion unduly paid. (h) actively seek employment.

Article 4. Amount of the active income for insertion.

1. Workers, as a result of their admission and maintenance in the programme, shall be recognised and may receive the active income from the insertion with the amount and duration laid down in this Article and the following.

2. The amount of the income shall be equal to 80 percent of the public multiple-effect income indicator (IPREM) in force at any time. During the perception of the active income of insertion there will be no obligation on the part of the Public Service of State Employment to list Social Security for any contingency.

Article 5. Duration of the active income for insertion.

1. The maximum duration of the income shall be 11 months.

2. The active insertion income shall be maintained until its duration is exhausted as long as the worker continues in the programme.

Article 6. Aid to encourage work.

Workers admitted to the programme, who undertake self-employment or full-time employment, shall receive an aid equivalent to 25% of the amount of the income for a maximum of 180 days from the date of entry into force. the first working day following the application for admission to the programme, irrespective of the number of work contracts or self-employed activities carried out. The receipt of the aid shall not prejudice the duration of the active income for insertion, as set out in Article 5, without prejudice to the application of the rules laid down in Articles 10.1.d) and 11.1.d).

The aid will not apply to contracts for insertion or other contracts subsidised by the State Employment Public Service. In the case of full-time employment, the aid shall be recognised at the request of the person concerned, which shall be incorporated for the application for admission to the programme only if the conditions for obtaining it are given in the future, and in the case of The aid shall be recognised at the request of the person concerned in which the activity is initiated.

Article 7. Aid for the change of residence of victims of gender-based violence.

The victims of gender-based violence, as referred to in Article 2.2.c), who have been forced to change their residence in the 12 months preceding the application for admission to the programme, or during their stay in the latter, they may receive, in a single payment, an additional payment of three months ' active income from the date of the day following the day following the date on which they are applied for, without undermining the duration of that income, as laid down in Article 5.

Article 8. Labour insertion actions.

The programme of active income for insertion also includes the following labour insertion actions, which will be maintained, complementing each other, as long as the worker remains in this: (a) Individual advice: admission to the programme will involve the assignment to the worker of an employment adviser who will pay an individualized attention to them, monitor and update their work insertion itinerary, propose and shall assess the actions to improve their employability and shall, where appropriate, report any breaches of the obligations established at the time they occur.

(b) Itinerary for employment insertion: from admission to the programme and within the maximum period of 15 days, the development of the worker's employment path shall be established through:

1. The professional interview. Through the interview, the employment adviser will complete and update the professional information on the worker already in the public employment services and that is necessary to define his or her professional profile.

2. The elaboration or updating of a personal work insertion plan. Depending on the personal, professional and training characteristics identified in the interview, the employment adviser will establish the diagnosis of the situation of the worker and the personal itinerary of job insertion with the calendar and the activities to be developed. This itinerary shall be updated regularly.

c) Management of placement offers: the employment advisor will promote the participation of the worker in the selection processes to cover placement offers.

(d) Incorporation to employment or training plans: if within 45 days of the admission to the programme the worker has not been incorporated into a job, the public employment services shall, as a matter of priority, promote about other collectives, their incorporation into any of the following plans or programs:

1. National vocational training and insertion plan, to provide the worker with the qualifications required by the production system and to achieve his/her job insertion, when he lacks specific vocational training or his/her Qualification is insufficient or inadequate. The participation of the worker in this programme will be regulated in the national training and occupational integration plan.

2. Programme of workshops for workshops and workshops, workshops and houses of trades, for the acquisition of vocational training and the necessary labour practice to facilitate the return to the labour market. The participation of workers in these programmes will be governed by their specific rules. 3. Job plans preferably for the employment of unemployed persons in the construction of works and services of general and social interest, which provide the worker with the acquisition of appropriate professional practice. The participation of workers in the employment plans will be governed by the regulations governing the granting of State Employment Public Service grants, in the field of collaboration with local corporations, and by the regulations that regulates the grant of State Employment Public Service grants in the field of collaboration with bodies of the General Administration of the State and its autonomous bodies, autonomous communities, universities and non-public institutions. Without prejudice to its inclusion in the own programmes of other administrations, 4. actions to increase the chances of job integration, such as support for the search for employment and for information and counselling for self-employment.

Article 9. Admission to the programme.

1. In order to be incorporated into the programme, workers must be unemployed, demanding employment, applying for it in accordance with Article 12.1, taking up the commitment to work on the date of application, and collecting and crediting the requirements.

2. Workers shall, as a result of their admission to the programme, be entitled to an active income from the date following the day following that in which they are applied for, without prejudice to the payment of the amount being initiated in accordance with the provisions of the Article 13.1.

Article 10. Low and reinstatement to the program.

1. The workers incorporated in the programme shall have a final discharge in respect of any of the following facts: (a) Failure to fulfil the obligations entailing the undertaking to engage in activity and which are laid down in the personal plan of the job insertion, 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 offers provided by those services, except for justified reasons. (c) Rejection of an offer of adequate placement or participation in employment programmes or in actions of integration, guidance, promotion, training or retraining, except for justified reasons. (d) self-employment or full-time employment, in accordance with Article 11 (1) (d), for a period of six months or more. (e) to obtain pensions or benefits in accordance with Article 11 (1) (c), and to obtain social assistance, as provided for in Article 11.1.e). (f) to stop collecting the requirement for a lack of income, as laid down in Article 11 (1) (a), and save as provided for in paragraph 4. (g) Access to an unemployment benefit, to an unemployment benefit or to the agricultural income, in accordance with Article 11 (1) (b). (h) Transfer abroad, except as provided for in paragraph 4. (i) Voluntary renunciation of the active income of insertion. (j) Obtaining or unduly maintaining the perception of the active income of insertion.

2. Workers who cause a definitive reduction in the programme may not be admitted to the programme again.

3. The completion of full-time employment for a period of less than six months shall not be the result of the reduction in the programme. However, during that time the amount of the active income for the insertion will not be collected, the duration of the income will not be consumed, nor will the fulfilment of the obligations as a job seeker be required. After the cessation of the work, the perception of the active income of the insertion will be recovered ex officio, provided that the worker is registered as a jobseeker and that the Management Entity is aware of the involuntary termination of the job, or, in Another case shall require the accreditation of this requirement. 4. They shall be temporarily reduced in the programme, without consumption for the duration of the income, the workers incorporated in the programme where one of the following acts is present:

(a) Self-employment for a period of less than six months.

(b) Overcoming the income limit for a period of less than six months. (c) the transfer abroad for the purpose of carrying out work or further training for a period of less than six months.

5. The temporary reduction in the programme due to the causes referred to in paragraph 4 shall result in the return to that programme:

(a) In the case of termination of employment on a self-employed basis, where the person concerned requests reinstatement of the programme within 15 days of the end of the work, subject to accreditation of the involuntary cessation of the work, Claimant of employment and reactivation of the commitment of activity.

(b) In the event of failure to meet the requirement of a lack of individual income or of the family unit, where the person concerned requests reinstatement of the programme from the day following the application if he/she is credited with returning to to meet this requirement and to request it within six months of the date of the programme's discharge, on the basis of an application for employment and a revival of the undertaking's activity. (c) In the case of return from abroad, when the person concerned requests the reinstatement of the program within 15 days of the return, upon registration as a job seeker and reactivation of the activity commitment.

6. The application for reinstatement to the programme outside the 15-day period referred to in paragraphs (a) and (c) of the preceding paragraph shall mean the loss of so many days of income as measured between the day following that of the cessation of the work on its own account or the of the return and the day of the application.

Article 11. Incompatibility and compatibility.

1. The active income of the insertion shall be incompatible: (a) with the obtaining of income of any kind which shall exceed the limits laid down in the terms laid down in Article 2 (2) (d), without any revenue arising from it being taken into account of actions or works compatible with the perception of income.

b) With the perception of unemployment benefits or subsidies, or of agricultural income. (c) with pensions or benefits of an economic nature of social security which are incompatible with the work or which, without being so, exceed the amount of the limits referred to in Article 2 (d). (d) with the simultaneous completion of self-employment or full-time employment, without prejudice to the aid provided for in Article 6. (e) With social aid, which could be recognised as victims of gender-based violence who cannot participate in employment programmes.

2. The active insertion income will be compatible:

(a) With grants and grants, of any kind, which could be obtained by assisting in vocational training activities linked to the National Plan of Vocational Training and Integration.

(b) With work on behalf of a part-time employee; in this case, the amount of the active income from which the worker is paid will be reduced by half, and the period of the rent to be received while it is compatible with the with this work will be extended to double.

Article 12. Processing.

1. The application for admission to the active employment income programme, which shall include the commitment to work, must be submitted to the office of employment corresponding to the worker, together with the supporting documentation of meeting the requirements. Article 2. The requirement for a lack of income shall be credited by the filing by the applicant of the declaration of the members of his family unit and of the income.

The State Employment Service, subject to the authorization of the person concerned, shall obtain from the State Administration of Tax Administration information on the income received by the applicant in the previous financial year, in accordance with the telematic procedure for the exchange of information to be agreed. The State Employment Public Service may also require a copy of the receipt of salaries and copies of receipt of pensions or any other evidence of the income received. 2. The State Employment Service shall verify compliance with the requirements laid down in Article 2 and, where appropriate, request the report of the public employment services on the registration requirement as a jobseeker, and shall give a reasoned decision which recognises or denies admission to the programme within 15 days of the date of the application. The resolution recognizing the admission to the programme shall be communicated to the public employment services responsible for carrying out the various labour insertion measures provided for in Article 8. 3. 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 measures provided for in Article 8. 4. The processing of the losses in the programme in the cases referred to in paragraphs (a), (b), (c) and (j) of Article 10.1 shall be initiated with the information on breaches of the obligations or irregularities detected. As a result, the programme will have a low level of precaution and the interested party will be given a hearing so that, within 15 days, it will make written submissions in writing and, after that deadline, the decision will be adopted. which corresponds to, within the following 15 days, the effects of which shall apply as provided for in paragraph 5 of this Article. 5. Admissions, casualties and reinstatement to the programme shall be settled by the Provincial Director of the State Employment Public Service and shall be subject to the social court order, upon complaint in the manner provided for in Article 71. of the recast text of the Law of Labor Procedure, approved by the Royal Legislative Decree 2/1995, of April 7. 6. The provisions of the above paragraph shall also apply to the aid covered by Articles 6 and 7.

Article 13. Accrual and payment.

1. The accrual of the amount of the active income for the insertion shall be initiated after a period of one month, which is intended to initiate the application of the employment measures provided for in Article 8, from the date of application for admission to the the programme, except in the case of victims of gender-based violence who have obtained a protection order from the judge, who shall start the accrual of the amount of the income from the day following the date of application for admission to the programme.

In the event that the worker admitted to the programme carries out a work for a full-time or self-employed account in the period of the waiting month, the accrual of the amount of the active income for the insertion shall be initiated. the day following the end of the work, except where the provisions of Article 10 (1) (d) apply. 2. The birth and maintenance of the perception of the active income of the insertion entails the obligatory participation of the unemployed person in any of the actions of employment insertion that are offered to him in accordance with the provisions of article 8. 3. The payment of the active income for the insertion shall be made by monthly payment of 30 days within the immediate month following which the accrual corresponds. In the first payment of the active income for insertion or after its resumption, the amount corresponding to the first 10 days shall be deducted, which shall be adjusted when the income is low or its duration is exhausted. 4. The payment of the aid provided for in Article 6 shall be made on a monthly basis, for a period of days which the full-time employee is listed on the corresponding social security scheme, or the actual working days as such. self-employed.

Article 14. Competence.

1. It is for the State Employment Public Service to manage the active employment income programme, which will have to provide a resolution recognising or refusing admission to the programme, resolving the casualties and reincorporation, as well as the granting of the aid provided for in Articles 6 and 7.

In addition, the State Employment Public Service shall pay the rent and the aid provided for in Articles 6 and 7, the control of requirements and incompatibilities, the requirement for the refund of the amounts (i) the Commission has taken the necessary measures to ensure that, in the light of the conditions laid down in Article 1 (1) of Regulation (EU) no. fixed for unemployment benefits. 2. The Autonomous Communities, when they 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, shall be competent to to develop the actions of employment insertion for the fulfillment of this royal decree, in accordance with the provisions of the royal decrees of transfer. 3. The Social Institute of the Navy shall exercise the powers conferred on the Public Service of State Employment concerning the management of the active income of insertion when applied to the unemployed from the Special Regime of Security Social of the Sea Workers

Article 15. Collaboration and coordination between public administrations.

1. The State Employment Public Service or, where appropriate, the Social Institute of the Navy may establish collaboration agreements with the autonomous communities referred to in Article 14.2 to develop the necessary actions for the compliance with what was foreseen in this royal decree.

2. The Autonomous Communities shall provide information to the State Employment Public Service or, where appropriate, to the Social Institute of the Navy on the job seekers served in the various labour insertion actions and on the (a) rejoining the work, or plans for employment and training, as well as non-compliance with the obligations that have been identified, and shall report on the latter at the time they occur. 3. The State Employment Public Service or, where appropriate, the Social Institute of the Navy shall provide the autonomous communities with information on the admissions, casualties or re-additions to the program at the time they occur. 4. The monitoring and evaluation of the programme at national level shall be the responsibility of the State Employment Public Service.

Article 16. Financing.

1. The financing of the labour insertion measures shall be made through the grants provided for the promotion of labour integration and stability. The autonomous communities referred to in Article 14 (2) shall make the reservation and the corresponding affectation of the grants they manage for the implementation of the programme.

2. The financing of the active income for insertion and the financing of the aid referred to in Articles 6 and 7 shall be that corresponding to the protective action for unemployment under budgetary implementation 19.101.251 M. 488.

Article 17. Public employment services.

1. The references made in this royal decree to public employment services shall be construed as being made to the State Employment Public Service and to the corresponding public employment services of the autonomous communities referred to in the Article 14.2.

2. In addition, the references to the employment offices shall be construed as being made to the offices of the State Employment Service and to the offices of the corresponding public employment services of the autonomous communities concerned.

Article 18. Entities authorized to collaborate in the management of labour insertion actions.

1. Public employment services may conclude cooperation agreements with entities which have the appropriate means for the development of actions leading to the employment of the unemployed, with the result that the results of the job integration and to commit themselves to the placement of job seekers who are beneficiaries of the active employment income scheme in the terms set out in the agreement.

The cooperation agreements, the content of which will be established in regulation, will aim at fixing the conditions governing the action of the collaborating entities in relation to the measures taken for the increase. of the capacity of employment of the jobseekers who are beneficiaries of the said programme, as well as their employment, without the latter being able to be less than 30% of the applicants served. As a result, the authorized entities with which the appropriate collaboration agreement is signed will be enabled for the development of both the actions that are more appropriate in each case for the improvement of the occupability and the intermediary of the applicants who are beneficiaries of the programme. 2. Public employment services will also be able to obtain support from the basic social services in order to complete the employment integration actions with social inclusion actions.

Single additional disposition. Workers admitted to previous active labour market programmes.

May be admitted to the programme established in this royal decree by workers who meet the requirements of the programme, as well as the following conditions: (a) Not having been beneficiaries of the programme of active income the insertion established for the previous year, except that they were incorporated in that year by accrediting a degree of disability equal to or greater than 33%, or the condition of victim of gender-based violence.

b) Not having been beneficiaries of three previous active income programmes of insertion.

Final disposition first. Effective.

1. Workers may only be admitted to the programme covered by this royal decree and obtain, where appropriate, the recognition of the active income from prior insertion, which they may submit from the date of their entry into force until 31 December. December 2005.

2. The programme covered by this royal decree shall have effect until 31 December 2005, without prejudice to the fact that the actions and perceptions arising from it may be concluded or received after that date.

Final disposition second. Extension.

The program regulated in this royal decree may be extended by express provision of the government, after consulting the social partners.

Final disposition third. Regulatory enablement.

The Minister of Labour and Social Affairs is empowered to lay down the rules necessary for the development and implementation of this royal decree.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on February 25, 2005.

JOHN CARLOS R.

The Minister of Labour and Social Affairs, JESUS CALDERA SANCHEZ-CAPTAIN