The Lisbon European Council of March 2000 includes as a strategic objective lifelong learning throughout life, as a measure to achieve a dynamic and competitive European economy, capable of growing economically in a sustainable way with more and better jobs and greater social cohesion, on the horizon of 2010. This objective was reaffirmed in the same line at the Stockholm Council in March 2001, and we can see it as a starting point for the start of the future of training in Europe.

Continuing vocational training must contribute to the acquisition of new knowledge and permanent retraining in order to achieve greater social promotion and integration of workers and greater competitiveness of workers. companies. This objective is intended to be achieved through the sharing of the competition and the shared responsibility of the administration and the social partners, and the collaboration between companies and training institutions.

With the publication of Royal Decree 1046/2003 of 1 August, which regulates the continuing vocational training system ("Official State Gazette" of 12 September), a new strategy has been put in place. This is a model for the management of continuing training in our country, which is intended, on the one hand, to make it easier for companies to develop training programmes for their employees, through an agile, flexible and simple procedure for companies, which will allow them to plan and develop the training they need without having to adjust to the annual calls and, on the other hand, to have an impact on the main deficits and training gaps for workers in sectoral or inter-sectoral occupational activities, as well as on the more specific needs of cooperatives, companies and companies and entities in the social economy or self-employed workers.

This Order develops the plans for the training of workers in Royal Decree 1046/2003, of August 1, establishing the regulatory bases for the granting of public subsidies. It is intended to provide for the State Employment Public Service and the competent authorities of the Autonomous Administration to sign contracts with the organizations and entities provided for therein.

Royal Decree 1046/2003, of August 1, in the Second Final Disposition authorizes the Minister of Labor and Social Affairs to dictate how many rules are necessary for the development and execution of the provisions of the same.

In its virtue, consulted the business and trade union organizations represented in the State Commission of Continuing Training, prior to the report of the State Advocate in the Department and the Delegation of the State General Intervention in the State Employment Public Service, and with the prior approval of the Minister of Public Administrations, I have:

CHAPTER I

General provisions

First. The purpose of this Ministerial Order is to develop Royal Decree No 1046/2003 of 1 August 2003 governing the continuing vocational training subsystem in respect of contracts for the training of workers, provided for in Article 14 of the abovementioned rule, as well as the establishment of the regulatory bases for the granting of the public subsidies provided for in that Royal Decree.

Second. Typology and duration of the programme contracts.

One. Depending on the objectives to be covered and the scope or nature of the training, the following types of programme are established, both for the state and the regional level:

(a) Contracts for the implementation of cross-sectoral training plans, aimed at the training of workers in cross-cutting and horizontal skills in various sectors of economic activity.

in the State field, these contracts will preferably be directed towards the development of training actions of a supra-territorial nature and the formation of groups with greater difficulties in access to training and education. (a) the maintenance of their employment; they may also include training measures for the training of workers for representation and negotiation in the fields of collective bargaining and continuing training.

(b) Contracts for the implementation of training plans covered by collective bargaining at the State sector level, aimed at the training of workers in a particular productive sector, in order to develop training actions of general interest to the sector and to meet specific training needs.

In the autonomic field, program contracts for the execution of sectoral continuous training plans may be signed when, with the agreement of the collective state sector collective bargaining, some of the Assumptions:

The sector has a preponderant weight in the respective territory than it has at the state level.

Training is presented as an instrument for the solution or coverage of exceptional and crisis problems or needs of a particular sector.

(c) Contracts for the implementation of training plans incorporating workers and workers ' partners and workers from two or more cooperatives, working societies and other companies and entities in the social economy which, without (a) to be part of the same productive sector, to meet training demands arising from the legal nature of those or cross-sectoral needs.

(d) Contracts for the implementation of training plans for self-employed workers, in order to improve their training in skills related to the activity they develop, either in a sectoral or in a sectoral either transverse or horizontal.

Two. The programme contract, whether state or regional, may be for an annual or multi-annual duration up to a maximum of two years.

However, in respect of multi-annual programme contracts, financial commitments shall cover a single financial year, with the annual "addendas" underwritten to the programme contract for which the commitments affecting the successive financial years. The amount of the grant provided for the annuity or annuities following the subscription of the programme shall be conditional on the existence of adequate and sufficient credit in the budget of the respective economic and financial year. maintenance of the circumstances which justified the adoption of a multiannual training plan.

Third. Content and financing of the programme contracts.

One. Without prejudice to those other provisions which may be agreed in each case by the beneficiary institution and the granting body (the Directorate-General of the State Employment Public Service or the competent authority of the Autonomous Community), the the following paragraphs shall be included, at least:

a) The object of the program contract.

b) Requirements of the training plan, describing its technical and formal aspects, indicating, if appropriate, which of these aspects may be modified after agreement of its Joint Committee.

c) Temporary and territorial scope of application.

d) Financing.

(e) Applicable Regulation.

f) Entities associated with the program contract, stating the commitments and amounts that each of them assumes to manage.

(g) Entities which cooperate in the performance of the programme contract, with indication, where appropriate, of those linked to the receiving institution.

h) Joint Monitoring Committee, specifying its composition, number of members and operating system.

i) Causes of resolution and effects.

j) Vigency and denunciation of the program contract, indicating the assumptions, formalities and deadlines for this.

Two. The programme contracts for which the State Employment Public Service is managed shall be financed from its Expenditure Budget.

The contracts for autonomy shall be carried out in accordance with the appropriations allocated to each of the Autonomous Communities, in accordance with the provisions of Article 153 of the recast of the General Law. Budget, approved by the Royal Legislative Decree 1091/1988 of 23 September (in force until 31 December 2004), and, as from 1 January 2005, in Article 86 of Law 47/2003 of 26 November, General Budget.

The funding identified in the two preceding paragraphs includes the part co-financed by the European Social Fund, in accordance with the decisions of the European Commission approving the corresponding programmes. Operational. In addition, specific funding for the training of employed workers who are not listed in the vocational training contingency may be established annually.

Fourth. Calls.-The Directorate-General of the State Employment Service, prior to the report of the State Commission on Continuing Training, and the competent bodies of the Autonomous Communities, will approve, in their respective fields, the the grants

aimed at financing program contracts for the training of workers, in accordance with the regulatory bases contained in this Order. Such calls shall be published in the respective official journals.

In addition, taking into account the provisions of the fourth Royal Decree 1046/2003 of 1 August 2003 on the linking of training actions with the national catalogue of qualifications, which each year The State of Continuing Training may be determined by the annual calls for programme contracts to determine the percentage which, from their respective budgets, shall be allocated to the financing of such training actions.

Fifth. Beneficiary entities.

One. The following shall be eligible entities for the award of public grants for the implementation of continuing training

:

(a) For the contracts programme for the implementation of cross-sectoral training plans referred to in point (a) of the second paragraph of this Order, the most representative employers ' and trade union organisations.

(b) For the contracts programme for the implementation of sectoral training plans referred to in point (b) of the second paragraph of this Order, the entities created under the sectoral collective bargaining, as well as the more representative or representative employers ' or trade unions in the sector.

(c) For the contracts programme for the implementation of social economy plans, provided for in the second subparagraph, point (c) of this Order, the confederations and federations of cooperatives and/or working societies with notable implementation in the relevant territorial area. The notable implementation referred to in this paragraph shall be credited in the manner determined by the corresponding call.

(d) For the contracts for the implementation of training plans for self-employed workers referred to in the second subparagraph of point (d) of this standard, the associations of self-employed persons with a character intersectoral with sufficient implementation in the respective territorial scope, with proven experience in the management and development of training actions themselves or through their partner organizations and are legally found (a) the date of publication of the relevant call.

Two. In accordance with Article 11 (2) of Law 38/2003 of 17 November, General Grants, the associated members of the beneficiary entity shall undertake to implement all or part of the training plan on behalf of and on behalf of the Commission shall also be considered as beneficiaries.

Three. In accordance with Article 11.3 of the General Law on Subsidies, they shall also have the status of beneficiaries, the groupings formed by the Entities provided for in point 1 of this paragraph, fifth with entities (a) the development of training activities, which are linked to them.

The single representative or proxy of the grouping shall belong to one of the beneficiary entities provided for in point one.

Four. It shall not obtain the status of beneficiaries in respect of entities in which one of the circumstances referred to in Article 13 (2) and (3) of the General Grant Law is concerned.

Sixth. Workers benefiting from continuing training.

One. In accordance with Article 3.2 of Royal Decree 1046/2003 of 1 August 2003, they may participate in the training measures provided for in this Order, and in the terms and conditions laid down in this Order:

(a) Employees who provide their services in private companies or public undertakings and are listed in the form of vocational training.

b) Workers who are in any of the following situations:

Discontinuous fixed workers in periods of non-occupation.

Workers who have access to unemployment when they are in a training period.

Employees who are subject to employment regulations in their periods of suspension of employment by authorized file.

(c) The workers included in the Special Agricultural, Autonomous, Sea and other Social Security Regimes that do not take part in the contingency of vocational training.

d) The workers 'and workers' partners of cooperatives, industrial societies and enterprises and entities of the social economy.

Two. The staff at the service of the Public Administrations may participate only in the Intersectoral Plans provided for in the second subparagraph, point (a) of this Order, with a maximum limit of 10% of the total participants of each plan.

Seventh. Priority groups and active measures in the framework of the activity co-financed by the European Social Fund.

One. They will have the consideration of workers with priority to access continuing training who will be considered in the decision-making area of the State, the Autonomous Communities and the European Social Fund, with the aim of ensuring that establish the training characteristics and the measures to overcome barriers that are necessary to promote the acquisition of competences by these groups throughout their working life.

During the term of the Business Initiative and Continuing Training Operational Programmes they have the consideration of such: workers in small and medium-sized enterprises (especially those of less than 50%). workers), women, persons with disabilities, over 45 years of age and unskilled workers, in accordance with the decisions of the European Commission on the basis of which the programmes are approved. Community Support for Spain under Objectives 1 and 3 for the period 2000-2006.

Two. Each programme contract shall identify the grant co-financed by the European Social Fund, broken down by programming zones, as well as the minimum percentage of workers to be members of the priority groups. In any case, the rate of participation of women in the whole of each training plan must be at least 5 percentage points higher than the overall rate of employment of women in the relevant territorial area-excluding the sector (i) the public sector, in the case of cross-sectoral training schemes, the social economy or the self-employed. In the sectoral training plans, the percentage shall be applied in respect of the employment rate of the woman in the sector concerned, provided that the rate is less than 50%; however, a lower percentage shall apply if with it is reached the rate of 50 percent.

Three. In order to make it easier for workers to know and use the new Information and Communications Technologies as well as to raise awareness of the population occupied with the environment, training modules can be financed from 'computer literacy' and 'environmental awareness' in accordance with the specifications and duration to be set out in the call.

In addition, in each management area, the corresponding call may include other training modules that are identified as priority areas in the Organic Law of 19 June, of the Qualifications and Training Professional.

CHAPTER II

formative activity

Eighth. Continuing training plans.

One. It is understood by training plan the set of training actions with which it is intended to provide a response to the training needs identified in one of the areas of application referred to in Article 14 of Royal Decree 1046/2003, of 1 of August, and the second paragraph of this Order.

Two. The training plans shall contain at least the following information:

a) Scope of the plan.

b) Objectives and content.

c) Training actions to be developed.

(d) Collective recipients, broken down by priority groups of the ESF, categories or occupational groups, employment status and social security affiliation scheme.

e) Estimated cost of the training actions.

f) Planned schedule of execution.

g) Place, facilities and means envisaged to deliver the training actions.

Three. The training to be included in the training plans will be modular in the case of a training offer linked to the national catalogue of professional qualifications. In order to obtain the corresponding training credits, which will allow and recognize the progressive acquisition of the competencies of each module, it will be established in the Law of the Organic Law of June 19, of the Qualifications and of the Vocational training, and in its development regulations.

Ninth. Training actions.

One. Training actions will be directed to both the improvement of skills and qualifications and to the updating and professional specialisation of employed workers, without the need for the intermediary of firms in which they are employed. provide their services.

Two. For the purposes of this standard, it is understood by training action aimed at the acquisition of professional, theoretical and/or practical skills, structured in a pedagogical unit with objectives, contents and duration of their own, common to all the participants. Where training is directed towards the improvement of skills and qualifications, for which there is a training reference established in the national catalogue of qualifications, it shall be taught in a modular manner and each module shall be considered as a training action.

A formative action can be given to one or more groups, depending on the number of times that action is repeated.

Three. The duration of the training action may not be less than 10 hours and not more than 270 hours. The latter limit may be excepted where the action is intended to obtain an official qualification or accreditation, or where a longer duration is required by standard or convention.

In no case, the participation of a worker in training actions may exceed an 8-hour duration.

Four. The following actions shall not be financed:

Training actions that include teaching that is applicable to jobs in a single company and that offer skills that are not transferable to other companies.

Actions whose fundamental component is not the development of a training process, such as days, fairs, symposia and congresses.

10th. Embodiments of imparting the formation.

One. The training actions, in accordance with the provisions of article 8.3 of Royal Decree 1046/2003, of August 1, may be in-person, at a conventional distance, teletraining or mixed. Where training actions include, in whole or in part, distance learning, this should be done with didactic supports which involve a systematised learning process for the participant, which will necessarily be complemented by tutorial assistance.

The mode of tele-training will be understood when the learning process of training actions is developed with the support of information and communication technologies online (tele-training).

Two. In-person training actions can be organised in groups with a maximum of 25 participants. In the case of distance learning (including those developed by means of tele-training), at least one tutor shall be provided for every 80 participants. In the joint actions, the aforementioned limits will be respected, according to the respective formative modality.

11th. Participating workers.

One. The workers described in the sixth paragraph of this Order may apply for their participation in the training courses offered in the various training schemes, using the application form set out in the relevant training plan. call.

Two. Within the same training plan, the same worker may not receive more than 270 hours of training unless he is involved in a single action whose limit has been excepted in accordance with the provisions of paragraph 9, 3 of this order. It will also not be able to participate twice or more in the same training action.

12th. Certification of training.

One. The beneficiary institution shall provide each participant who has completed the training with a diploma supporting the completion of the training action, in which at least the name of the action, the content of the training, the days in which it has been developed and the hours of training received, with specification, if any, of the hours in person or at a distance.

The evidence of formal qualifications referred to in the preceding paragraph must include the emblem of the European Social Fund when they demonstrate the performance of training actions co-financed by the Fund and shall be delivered or referred to the participants within the maximum period of two months from the date of completion of the training action in which they participated.

Two. In accordance with Article 22 (2) of Royal Decree 1046/2003 of 1 August 2003, where the training to be provided leads to the acquisition of credit or certificates of professionalism, the training modules shall be taken into account. requirements to be laid down in the relevant certificates, approved in accordance with the Organic Law of 19 June, on Qualifications and Vocational Training.

This training will be certified in the terms set forth in the Law and in its development regulations.

CHAPTER III

Procedure

13th. Applications.

One. Applications for the award of grants for the financing of contracts for the training of workers shall be addressed to the Director-General of the State Employment Public Service or to the competent authority of the Autonomous Community.

These applications may be filed in the records and offices of the Administration competent for their resolution and in all those referred to in Article 38.4 of the Law of Legal Regime of Public Administrations and of the Common Administrative Procedure.

In addition, in the case of applications for grants for state-wide programme contracts, the calls may provide for such applications to be submitted to the State Employment Training Foundation.

Two. The application, in addition to the technical documentation referred to in paragraph 14 of this Order, must be accompanied by the following documentation:

(a) Power quite in law to establish the powers of representation of the signatory of the application to act on behalf of the applicant legal person.

(b) Photocopy of the identification card of the entity and of the identity card of the person acting on behalf and representation of the applicant legal person.

c) Photocopy of duly legalized statutes.

(d) Documents supporting the registration of the entity in the relevant administrative register and meeting the requirements set out in the fifth subparagraph of this order to be a beneficiary of the grant requests.

e) Declaration of not being in any of the circumstances set out in Article 13 (2) and (3) of Law 38/2003 of 17 November, General of Grants, which prevent obtaining the status of a beneficiary.

f) Any other documentation to be determined in the call.

Three. The time limit for the submission of applications shall be that laid down in the fourth paragraph of this Order.

14th. Technical documentation.-Without prejudice to the documentation referred to in point two of the 13th paragraph of this Order, the following technical documentation shall be submitted with the application:

a) Training plan to be developed by the requesting entity.

(b) Supporting evidence of the applicant's technical capacity for the management of the requested plan, indicating the technical and material resources available to the requesting entity and, where appropriate, those of the entity or entities involved in the development of the training plan.

15th. Assessment of the training plan. The competent training body shall evaluate the training plans in accordance with the methodology approved in its respective management field, in which the following criteria shall be taken into account:

a) Adequation of the training offer of the plan to the needs of the field or sector to which it is addressed.

(b) Accredited capacity of the requesting entity to develop the plan submitted, taking into account past experiences and the personal and material resources owned or otherwise made available for the execution of the plan.

c) Technical aspects related to the training actions that integrate the plan: objectives, contents, facilities, didactic and material means, mechanisms for monitoring, evaluation and control of learning, and certification of training actions.

(d) The degree of performance and compliance with the conditions under which the grants received, where appropriate, by the applicant on the previous call were granted.

The weighting given to each of these criteria will be set in the corresponding call.

Training plans that exceed the technical assessment score that is set for each type of program and management scope will be eligible.

sixteenth. Determination of the subsidy.

One. For contracts of a cross-sectoral nature, provided for in the second subparagraph of paragraph 1 of this Order, the grant to be awarded shall be determined taking into account the budget established for this type of contract in the respective the call for tenders, the entities involved, the plan to be developed to be agreed between the granting body and each of the applicant entities taking into account their assessment as provided for in paragraph 15 of this order, the modules maximum economic conditions set out in Annex II to this Order and the volume of co-financed activity by the European Social Fund.

Two. In respect of the sectoral programme contracts provided for in the second subparagraph of Article 1 (b) of this Order, in the case of contracts managed at the State level, the grant to be awarded by the State Employment Public Service shall be determined applying the following procedure:

1. In the framework of the collective bargaining agreement, a reference plan will be agreed for each of the sectors that will participate in the grant of program contracts for the training of workers.

This reference plan will include at least the training actions to be carried out in the sector and the prioritisation of these actions according to the training needs required by the labour market.

2. We will be able to subscribe to as many program contracts as beneficiaries can be within each sector and territorial scope. Each institution shall make its own application for a grant, to which it shall accompany the relevant continuing training plan to the sectoral reference plan.

3. The set of grants requested for the subscription of program contracts within each sector, will have as a limit the double of the reference quantity that in the respective convocation is assigned to it in function of its occupied population and its specific problems or needs.

4. The amount of the grant to be awarded to each programme contract will be determined by the application of the limit set out in point 3. above, the technical assessment obtained by the respective training plan, according to the criteria set out in paragraph 15 of this Order, the maximum economic modules set out in Annex II to this Order and the volume of the activity co-financed by the European Social Fund.

In the case of sectoral programme contracts managed in the autonomous field, the amount of the grant shall be determined in accordance with the methodology established by each Autonomous Community, but taking into account at least the the following criteria: the budget for the financing of this type of programme, the assessment obtained by each plan as provided for in the 15th paragraph of this Order, the maximum economic modules set out in Annex II to the this Order and the volume of training activity co-financed by the European Social Fund.

Three. For the contracts programme of plans for the formation of the social economy and of the self-employed persons, provided for in the second subparagraph, (c) and (d) of this Order, the grant to be granted for the financing of the plan shall be determined by the the budget set out in the respective call, state or regional, for each of the two types of programme, the number of plans needed to cover the training needs raised, the assessment obtained by each plan as foreseen in the fifteenth section of this Order, the maximum economic modules (a) the provisions of Annex II to this Order and the volume of the training activity which the applicant undertakes to carry out in the framework of the co-financing of the European Social Fund.

seventeenth. Proposal for a resolution and a hearing.

One. The results of the assessment of the training plan and the determination of the grant, as a result of the application of the provisions of paragraphs 15 and 16 of this Order, shall be submitted to the report of the collegiate body. provided for in Article 22.1 of Law 38/2003 of 17 November, General of Grants.

In the case of state-wide program contracts, the aforementioned collegiate body will have the same composition and operating system as the Standing Committee of the Board of Trustees of the State Foundation for Training in Employment, of which representatives of the General Administration of the State, the Autonomous Administration and the most representative Business and Trade Unions are part.

In addition, the institutional participation of the Social Agents should be foreseen in the autonomous area, in the terms that are agreed upon in each Autonomous Community.

Two. In the light of the file and of the mandatory reports to be issued, the instructor body shall make a duly substantiated proposal for a provisional decision, which shall be submitted to the requesting body for a hearing. allegations that you deem appropriate.

At the state level, the maximum period will be 10 days. The instruction of the grant procedure shall be the responsibility of the management body of the State Foundation for Training in Employment. In the field of autonomy, the authority shall be the authority to determine its call.

Three. Where the amount of the subsidy in the proposal for a provisional decision is lower than the amount in the application submitted, the beneficiary shall be invited to accept and strengthen the training plan within the period referred to in the preceding paragraph. the amount of the motion for a resolution, which must in any event respect the object, conditions and purpose of the grant.

Four. Taking into account the arguments put forward by the applicant in the course of the hearing and the reformulation of the training plan, where appropriate, the instructor will formulate the proposal for a final decision and the contract programme to be signed, which will govern the less the questions referred to in Article 15 of Royal Decree 1046/2003 of 1 August 2003.

Five. In any event, the procedure for granting the subsidy will be processed under competitive competition, in accordance with the provisions of Article 22 of Law 38/2003 of 17 November, General of Grants.

Eighteenth. Resolution.

One. In the light of the proposal for a final decision, the competent body shall decide on the procedure. Within the scope of the General Administration of the State, the body responsible for resolving shall be the Director/General of the State Employment Public Service. In the autonomic field, the body determined by the respective convocation shall be resolved.

Within the scope of the General Administration of the State the maximum period for resolving and notifying the decision of the procedure may not exceed four months, counted from the date of publication of the corresponding call, unless the same poses its effects at a later date. If the time limit has not been passed, the application may be deemed to be rejected.

Two. The grant award resolution shall be incorporated into the programme contract and the corresponding training plan. This resolution will identify the part of the grant co-financed by the European Social Fund and the percentage of priority groups to be formed in relation to the total number of participants in the plan.

Three. Against the decisions given by the Director General of the State Employment Public Service to resolve the applications, and in accordance with Article 82 of Law 50/1998 of 30 December 1998, of Fiscal, Administrative and Social Order, to bring an appeal to the Minister for Labour and Social Affairs, in accordance with Articles 114 and 115 of Law No 30/1992 of 26 November, as amended by Law 4/1999 of 13 January 1999 on Legal Conditions of the General Administration and the Common Administrative Procedure.

Four. Any alteration of the conditions taken into account in determining the technical assessment and the grant to be granted as set out in the 15th and 16th paragraphs of this Order, and in any event the concurrent grant of grants, aid, revenue or resources for the same purpose, from any public or private authorities, national, European Union or international bodies, may give rise to the amendment of the resolution of the concession.

Nineteenth. Payment of the subsidy.

One. In the case of grants for which the State Employment Public Service is granted and paid, the grant shall not be paid where the institution is a debtor by a firm resolution of the origin of the refund.

The beneficiary entities will have to prove, in advance of the grant, that they are aware of their tax obligations and social security.

Two. The advance payment of the grants may be provided for in the amount and form to be set out in the respective calls. In this case, the provisions of Order TAS/1622/2002 of 13 June 2002 (Official Gazette of the State of 29 June) determining how to guarantee advance payments for grants awarded by the Service will not apply. State Employment Public.

In no case may advance payments be made to beneficiaries in the cases provided for in the third subparagraph of paragraph 4 of Article 34 of Law 38/2003 of 17 November, General of Grants.

Twenty. Obligations of the beneficiary. -Without prejudice to the obligations set out in this Order and in Article 14 of Law 38/2003 of 17 November, General Grants, they also constitute obligations of the beneficiary:

(a) To carry out the training activity which bases the grant of the grant, in accordance with the formal and material conditions and requirements of this Order and those set out in the corresponding call, thus as with the conditions of approval which were used as the basis for determining the technical assessment and the grant to be granted, which are set out in the 15th and 16th paragraphs of this Order.

(b) Carry out the information and documentation that is required during the procedure and execution of the training plan, as well as having at the disposal of the competent control bodies the supporting documents the attendance of the participants in the training actions, duly signed by them and in accordance with the minimum requirements to be laid down.

(c) To respect the obligation of free of charge for participants of the training actions included in the training plan.

d) To provide each participant with a certificate of the completion of the training action, in the terms set out in the 12th section of this Order.

e) to present the justification for compliance with the requirements and conditions that determine the grant of the grant, as well as the performance and the costs of the activity that the concession bases.

(f) Haber or, if applicable, guaranteed the returns of amounts granted and paid in previous calls and whose return has been required by prior to the executive or through the decision of the origin of the refund, unless the suspension of the act had been applied.

g) Dispose of accounting books, completed records and other documents duly audited in the terms required by the commercial and sectoral legislation applicable to the beneficiary in each case with the identification in separate account or specific item of its accounts for all revenue and expenditure for the implementation of the training actions, with the common reference to all of them 'continuing training'.

(h) Communicate to the competent authority the collection of other grants, aid, income or resources which finance the activities supported, prior to the justification of the application given to the funds received. These revenues will be incompatible with the corresponding subsidy, so this will be reduced in the amount already received.

i) Submit to the actions of verification, monitoring and control to be carried out by the control bodies referred to in Article 23 of Royal Decree 1046/2003, of August 1.

(j) Prior to the adoption of the proposal for a concession resolution which is current in compliance with its tax obligations and in the face of social security, in the form that is determined in the (a) call, and without prejudice to the provisions of the additional 18th of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

k) Do not incur the data distortion contained in the application or in the documents and certificates submitted to the competent bodies in the processing of the applications and in the grant of the grants.

(l) To record, in terms of the corresponding calls, the public nature of the financing of the subsidised activity and, where appropriate, the co-financing of the European Social Fund.

In the latter case, the beneficiary entity must include in the information activities of the training actions, publications, teaching materials and certificates to the participants the emblem of the European Social Fund.

The beneficiary will not be exonerated from the obligations mentioned above if in the development of the training actions is contracted in whole or in part with third natural or legal persons.

CHAPTER IV

Execution, Justification, and Settlement

Twenty first. Implementation of the programme contract.

One. The grant awarded shall be of a maximum amount and shall be allocated to the implementation of the training actions covered by the programme. In any event, during the implementation of the training plan, it shall not be possible to include non-approved training actions, or to modify the duration or modality of the training, except for the joint committee on the monitoring of the programme contract.

Two. The beneficiary institution may subcontract in full, for a single time and in the terms laid down in this Order, the performance of the training activity covered by the programme contract.

The beneficiary may arrange with its related entities the full or partial execution of the training plan, provided that the following circumstances are present:

(a) That the procurement is performed in accordance with normal market conditions.

(b) To obtain the prior authorization of the granting body, either expressly in the contract program itself or by subsequent resolution, issued within 15 days from the application of the authorization. The authorisation shall be deemed to be granted if the term of the granting authority passes.

Under no circumstances will it be possible to subcontract with third parties that, by increasing the cost of the activity, do not add value to the content of the activity.

Three. Where the concerted activity with third parties exceeds 20% of the amount of the subsidy and the amount exceeds EUR 60 000, the conclusion of the relevant contract must be formalised by written document and authorised by the granting body, either expressly in the contract itself or by a later decision, issued within 15 days of the application for the authorisation. The authorisation shall be deemed to be granted if the term of the granting authority passes.

In no case can a contract be split in order to reduce the amount of the contract and to avoid compliance with this requirement.

Four. The beneficiary institution must have its own human resources for the purposes of programming, coordination and internal control of the training plan and, in any event, will assume full responsibility for the implementation of the subsidised activity against the administration, which must ensure that the functions of the monitoring and control bodies are carried out in a satisfactory manner both by the subcontractor and the subcontractor.

Five. The beneficiary of the grant must disseminate the training measures which it promotes between the undertakings and the workers to whom the training is directed, in order to enable the workers who wish to exercise their right to the right to training. To this end, the worker shall complete the training application, which shall appear as an annex to the call and whose form the institution shall provide to the person who requires it. In addition to the training action to be carried out, the authorization must appear in that application so that the personal data of contact (address and telephone) can be transferred by the beneficiary to the bodies responsible for the assessment, monitoring and control of the training provided for in Royal Decree 1046/2003 of 1 August 2003.

The beneficiary of the grant will be required to resolve the concurrency of applicants to the training with objective criteria.

Six. The beneficiary entities shall send the competent authority a "notice of initiation" of the training to be carried out, in accordance with the time limits and the procedure to be established for the purpose of the call.

Non-communication within the prescribed time-limits shall mean that the relevant training group shall be deemed to be 'unrealised' for the purpose of the economic settlement of the grant, unless the non-disclosure is due to the unforeseen causes, duly justified and communicated at the time they occur.

Twenty-second. Eligible expenditure and cost justification.

One. The beneficiary shall justify the costs incurred in the implementation of the training actions covered by the programme contract.

To do so, it must take into account the provisions of Article 31 of Law 38/2003 of 17 November, General of Grants, as well as the relationship of financial costs and the imputation criteria set out in Annex I of this Order.

Two. The costs shall be justified by invoices and other documents of evidentiary value, in original or photocopy photocopy of the original, in sufficient detail to prove the correct application of the funds. Those documents shall comply with the requirements laid down in Royal Decree 1496/2003 of 28 November 2003 approving the Regulation governing the invoicing obligations.

When in accordance with generally accepted accounting standards the justification of costs is accepted by means of charge notes, they shall be accompanied by supporting documents supporting the expenditure or its imputations.

In case of subcontracting, the invoices issued by the subcontractors shall contain a sufficient breakdown to identify the costs charged to each training action.

Three. Where the training activities have been financed, in addition to the grant, with own funds or other grants or resources, the amount, provenance and application of such funds to the activities shall be credited to the justification. subsidised.

Four. The beneficiary of the grant shall be obliged to keep the supporting documents for the implementation of the activity which is based on the grant of the grant, and for the application of the funds received.

Within the scope of the General Administration of the State, the time limit will be 4 years and will be computed from the moment the period established to present the cited justification by the beneficiary ends.

In the case of actions co-financed with Community funds, it will apply in this respect to what is established by Community legislation.

The entities which, without having passed the said period, decide to suspend their activity or to disband, shall send copies of the said documentation to the competent body. In the field of the General Administration of the State, this referral must be made to the State Foundation for Training in Employment.

Twenty-third. Financial settlement of the grants.

One. The economic clearance of the grants awarded shall be carried out on the basis of the participants who have completed the training and the hours actually spent, in the light of the eligible costs per participant and time of training. The resulting subsidy shall be limited to the economic modules set out in Annex II to this Order in the light of the mode of delivery and the level of training.

Two. In person-to-face actions, a participant shall be deemed to have completed training when he has attended, at least, 75% of the duration of the training action. In addition, in training courses for distance learning or tele-training, participants who have carried out at least 75% of the regular monitoring of their monitoring will be considered to have completed the action. learning along the same.

If no participants have been abandoned after the actions have been initiated, deviations per share of up to 15 percent of the number of participants who have started them will be permitted.

Three. In order to proceed with the final settlement of the grant, the beneficiary shall complete and submit to the body determining the calls in the standard forms and in accordance with the instructions set out for this purpose:

(a) The certification of the completion of the plan, with specification of each training action taken from which it has communicated its beginning at the appropriate time.

(b) The supporting documentation showing at least the costs relating to the subsidised training actions.

(c) Justicizer of having entered the amount corresponding to the difference between the amount justified and the amount received in advance, if any.

Within the scope of the General Administration of the State, this obligation shall be made within a maximum of two months after the completion of the training plan.

Without prejudice to the foregoing, and for the purposes of being able to comply with Community rules on justification for the European Social Fund, where the programme is a multiannual contract or its implementation affects two budgetary years (a) the beneficiaries must submit, in the terms and time limits set out in the call, a certificate in the model to be provided for the part of the training plan which has been implemented.

Fourth. Where the supporting documentation referred to in point 3 of this paragraph has not been submitted or the documentation submitted is insufficient to properly consider the grant granted, the competent authority shall put forward in the knowledge of the beneficiaries the inadequacies observed so that within 15 days they will be remedied.

Examinedthe documentation provided for the purpose of the failure of the inadequacies detected, or after such time limit has not been submitted, the granting authority shall give the agreement to the initiation of the refund procedure, in accordance with the provisions of Article 37 of Law 38/2003 of 17 November, General of Grants.

CHAPTER V

Evaluation of continuous training

Twenty-fourth. Assessment of the quality of continuing training.

One. In accordance with Article 22.4 of Royal Decree 1046/2003 of 1 August 2003, participants will assess the quality of continuing training actions. This evaluation will be carried out through a "Quality Assessment Questionnaire", which should cover at least the following specific areas of information:

General assessment of the training action.

Contents: Its adequacy to the expectations and needs of training, as well as the usefulness of the contents for the professional trajectory of the worker.

Teachers: Their level of preparation, specialization and communication.

Teaching media: Valuation of the means used and their adaptation to the contents.

Technical means: Your availability, adequacy and operational status.

Installations: Luminosity, amplitude, ventilation, climatic conditions and accessibility.

Organization: Composition and homogeneity of the training group, number of students, previous information received, schedules and duration.

Without prejudice to the usefulness of these assessments to the beneficiaries and the institutions or institutions of the training, the State Employment Public Service and the competent bodies of the Regional administration, in their respective management areas, may require the beneficiaries to contribute the corresponding questionnaires, or the result of the tabulation of the same, in order to analyze the quality of the continuing training measures developed in the framework of the programme contracts covered by the Order.

Two. In accordance with Article 21.1 (c) of Royal Decree 1046/2003 of 1 August 2003 and in accordance with the assessment studies provided for in Article 22.4 of that Regulation, the State Foundation for Training in Employment carry out studies to assess the quality of the training provided and the adequacy of the technical, structural and human resources used in the development of continuing training actions, in order to meet the requirements of the different professional families.

The objective of the research will be to obtain contrasting information on the resources used and the needs and priorities of training, in order to define criteria for the improvement of the quality of the training.

The results of the studies will be disseminated among the companies and those responsible for the organization of the training, as well as among the Administrations responsible for the management of vocational training.

Twenty-fifth. Assessment of the effectiveness and impact of continuing training.

One. The Ministry of Labour and Social Affairs, through the State Employment Public Service, will carry out an external evaluation of the actions of continuous training of supply, managed through the contracts of the State-wide program, in terms of their planning (detection of needs, definition of objectives and organisation of actions) and their implementation (effectiveness, efficiency and impact of training), with the aim of drawing conclusions that can be to be used to make improvements in the operation of the vocational training subsystem continues.

Similarly, the competent bodies of the different Autonomous Communities will be able to carry out a similar external evaluation with respect to the continuing training actions managed through the contracts developed in their respective territories.

Two. The specific objectives of this assessment shall be to verify, inter alia, the following:

a) The adequacy of training actions to market needs.

b) The impact and impact of continuing training on the maintenance of employment and on the promotion of workers.

(c) Access to continuing training, especially for workers in SMEs and the other priority groups.

d) The effectiveness and efficiency of the economic resources and means employed.

e) The learning levels and their application in the job.

CHAPTER VI

Tracking and Control

Twenty-sixth. Annual monitoring and control plan. -Annually, the State Employment Public Service with the technical support of the State Foundation for Training in Employment, will develop and implement a plan to monitor and control public resources. the continuing training of workers, through the programme contracts regulated in this Order, which must reach at least the percentage set out in Article 23 (2) of Royal Decree 1046/2003 of 1 August 2003.

Twenty-seventh. Internal control of continuing training.

One. With technical support from the State Employment Training Foundation, the State Employment Public Service will perform the following follow-up and control actions:

a) "Real time" acts. -They will understand the follow-up of the formative activity in the place of its impartition and during the realization of it, through physical and testimonial evidences obtained through interviews with training, pupils and trainers, in order to carry out a technical check on the implementation of the training action, the content of the action, the actual number of participants, facilities and educational facilities, as well as a finding in publications and other ways of communication that the actions are carried out, in their case, co-financed by the European Social Fund (ESF).

In the case of training whose learning process is developed with the support of information and online communication technologies (tele-training), companies or entities with which they have the right to provide training they must provide, at the request of the control bodies, the telematic access to the tools used in the implementation of the training actions.

(b) "ex post" acts. -After the completion of the training actions, through physical, testimonial and documentary evidence collected through interviews with the beneficiary entities, the training, students and/or trainers, in order to carry out a technical check, inter alia, on:

Execution of the formative actions.

Actual number of participants.

Delivery to the participants of the diploma or certificate of training and, where appropriate, the identification of the emblem of the European Social Fund.

Compliance with the percentage of workers belonging to priority groups.

Justification for training costs: supporting documentation, accounting and payment, taking into account the requirements laid down by the Spanish and Community rules in respect of the co-financing of the Social Fund European.

In the case of distance or mixed actions, an additional check will be carried out on deliveries of material, monitoring and testing controls involving scheduled teaching, verification of the teaching aids and the tutorial assistance.

Two. In order to facilitate the monitoring and control functions of the public administrations referred to in point 1 of this paragraph, the State Foundation for Training in Employment as a technical organ in the functional areas of management and the monitoring and monitoring of continuing training actions shall make it available to them:

(a) The information which, as the case may be and according to the annual calls, must be forwarded by the beneficiary entities to the Foundation, as well as the results of the checks carried out on it, requiring, it is necessary for the beneficiary entities to provide additional information necessary for monitoring and control.

b) The results of the checks on the implementation of the training carried out by the State Foundation, as a technical support body, through surveys or questionnaires circulated to the workers participating in the training training actions and through information crossings with the databases of Social Security or other public bodies.

Three. The State Continuing Training Commission shall be aware of the annual report on the results of the verifications and checks referred to in the preceding paragraphs.

Twenty-eighth. External control of continuous training.

One. Without prejudice to the monitoring and control measures provided for above, the contracts programmes for the training of workers shall be subject to the supervision carried out by the bodies referred to in the last paragraph of Article 23.2 of the Royal Treaty. Decree 1046/2003 of 1 August.

Two. The scope and content of the control to be carried out by the Labour and Social Security Inspectorate shall be determined in the annual programme of objectives for the inspector's action.

Twenty-ninth. Recovery of the grants.

One. Grants granted under this rule may be the subject of total or partial reimbursement, including interest on late payment from those until the date on which the refund is agreed upon, in the case of the Article 37 of Law 38/2003, of 17 November, General of Grants and in those of non-compliance with the obligations set out in this Order.

Two. In the case of grants for which the State Employment Service is to be granted and paid, the refund procedure shall be initiated on its own initiative from the moment when the existence of any of the planned recovery cases is assessed. in point one above and in accordance with the recovery procedure established by Resolution of 12 April 2004 (Official State Gazette of 13 May 2004) of the State Employment Public Service and, where appropriate, with the provisions of the Article 51 of Law 38/2003 of 17 November, General of Grants.

The State Employment Public Service will dictate resolution within the maximum period of 12 months from the date of the initiation agreement by requiring, if applicable, the refund. In accordance with the 11th additional provision of Law 38/2003 of 17 November, General of Subsidies, against that judgment, it is to bring an action of an alzada in the terms set out in Articles 114 and 115 of Law 30/1992, November 26, as amended by Law 4/1999, of 13 January, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

The amounts to be reintegrated will have the consideration of income from public law, resulting from application for their collection as provided for in the General Budget Law, in accordance with the provisions of Article 38.1 of the Law 38/2003, of November 17, General of Grants.

Three. The obligation of reimbursement provided for in this paragraph shall be without prejudice to the provisions of Law 38/2003 of 17 November of 17 November on " Infringement and administrative sanctions in respect of grants ".

Additional disposition first. Information and Statistics.

One. The Autonomous Communities shall provide the Public Service of State Employment as a promoter of the Operational Programmes of the European Social Fund, all the information necessary to justify the training actions co-financed by the European Social Fund. The Fund.

Two. The State Employment Public Service and the Autonomous Communities shall provide the State Foundation for the Training in Employment with the necessary statistical data for their management, in accordance with the terms and conditions laid down in this Regulation. its Board of Trustees, in order to ensure its integration into the state statistics.

Additional provision second. Registration of program contracts.

Without prejudice to the records which may be established by the competent authorities in their respective management areas, the programme contracts covered by this Order, both State and regional, shall be entered in a (a) registration which, for this purpose, will be set up by the State Employment Training Foundation.

Additional provision third. Repertoire of continuing training actions.

One. The State Foundation for Training in Employment, in order to facilitate the structure and classification of the training carried out through the programme contracts, as well as its statistical treatment, will draw up a register of continuing training, structured according to the professional skills generated by each of them, grouped by professional areas and families, in line with the National Catalogue of Professional Qualifications.

Two. The above list will differentiate specific continuing training actions from specific sectoral or occupational areas, from those which provide generic skills across different sectors or occupations.

In addition, the repertoire will identify the continuing training actions which, according to the additional provision fourth to Royal Decree 1046/2003 of 1 August, correspond to training modules of the National catalogue of professional qualifications.

Additional provision fourth. Data protection.

One. The information contained in the communications made by the applicant and beneficiary entities to the competent bodies and, where appropriate, to the State Foundation for Training in Employment, as well as the information obtained or used in the proceedings assessment, monitoring and control under this standard shall be subject to the rules in force in the field of data protection.

Two. The identifying data of the beneficiary and personal entities of the participating workers shall be integrated into computer files for the appropriate purposes, and the data subjects may be able to exercise the recognized rights in general in the Organic Law 15/1999, of December 13, of Protection of Personal Data and other development regulations.

First transient disposition. Tripartite Commission for Continuing Training and Tripartite Foundation for Training in Employment.

In accordance with the provisions of the single transitional provision, paragraph 1, of Royal Decree No 1046/2003 of 1 August 2003, until such time as the State Commission for Continuing Training and the State Foundation for the Training in Employment, the references made in this Order to the aforementioned bodies will be understood as the Tripartite Continuing Training Commission and the Tripartite Foundation for Training in Employment, respectively.

Second transient disposition. State Mixed Commission.

For the purposes of paragraph 16, paragraph 2, of this Ministerial Order and the only transitional provision of Royal Decree 1046/2003 of 1 August 2003, in the case of Sectors where there is no negotiation The Joint State Joint Committee on Continuing Training shall be the body responsible for drawing up the criteria for training in this field, except in the field of the applicant and the relevant training plan. coincide with that of an Autonomous Community.

Single end disposition. Entry into force.

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

Madrid, 30 July 2004.

SANCHEZ-CAPTAIN BOILER

ANNEX I

Financing costs and imputation criteria

1. Direct costs of training activity:

(a) The remuneration of internal and external trainers, including salaries, social insurance, allowances and locomotion costs and, in general, all costs attributable to trainers in the exercise of their activities preparation, delivery, mentoring and evaluation of training actions.

These expenses must be duly reported for hours dedicated to the activity to be charged.

(b) depreciation costs for teaching equipment and technology platforms, calculated on the basis of depreciation criteria accepted in the accounting rules, as well as the rental or leasing of such equipment, excluding their interests, supported in the implementation of the training plan.

These expenses shall be duly broken down by training action and shall be charged for the number of participants in the case of individual use of the equipment or platforms; otherwise, they shall be charged for hours of use.

(c) Expenditure on teaching aids and/or acquisition of teaching materials, as well as expenses on consumables used in the implementation of the training actions of the plan, including the protection and security material. Also, in the case of "tele-training", the costs attributable to the media used between trainers and participants.

These expenses shall be duly broken down by training action and shall be charged for the number of participants in the case of individual use of the equipment or platforms; otherwise, they shall be charged for hours of use.

d) The costs of renting, leasing, excluding their interest, or depreciation of the classrooms, workshops and other areas used in the development of the training plan.

This expenditure must be duly broken down by training action and shall be charged for the duration of the action.

e) Participants ' accident insurance.

These expenses must be presented broken down by training action and their allocation will be made by the number of participants.

f) Expenditure on transport, maintenance and accommodation for participants in plans to be carried out in the national territory, with the limits set in the Order of the Ministry of Finance of 22 February 2001 (BOE of 27 March 2001). February).

These costs must be duly broken down by training action and their allocation will be made by the number of participants.

2. Associated costs of training activity:

(a) Financial costs for both internal and external support staff and all necessary for the management and implementation of the plan shall be considered as eligible costs.

(b) The advertising costs for the organisation and dissemination of the training plan.

c) Other costs: Light, water, heating, courier, mail, cleaning, surveillance and other costs, not specified above, associated with the execution of the plan.

In accordance with Article 31 (9) of Law 38/2003 of 17 November, General Grants, these costs must be charged by the beneficiary to the activity subsidised in the part that is reasonably appropriate. in accordance with generally accepted accounting principles and standards and, in any event, to the extent that such costs correspond to the period in which the activity is actually carried out.

In any case, the associated costs, as well as the direct costs, must be met by actual costs, effectively incurred, paid and justified by invoices or accounting documents of equivalent probative value.

The sum of the associated costs of the plan cannot exceed 25 percent of the direct costs of the plan.

ANNEX II

Maximum Economic Modules

The maximum economic modules (cost per participant and training time) applicable for the purposes of the liquidation of the grants awarded for the financing of the programme contracts, will be the ones below set based on impartition mode and level of training:

(VIEW IMAGE, PAGE 29205)

Training Level

Medium-Top Basic

Mode

impartition

Present 8 EUR 12 EUR

A distance 5 euros

€ 6.75 Teleformation

Mixed will apply the above modules according to the hours of face-to-face and distance training or teleformation that has the formative action.

In the in-person delivery mode, the "entry level" module will be applied when it comes to providing training on cross-cutting or generic subjects, which enables them to develop basic skills and qualifications.

The "mid-upper level" module will be applied when training incorporates subjects that involve specialization and/or training to develop programming and/or direction competencies.