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Order Tas/2435/2004, Of July 20, Why Are Certain Excepcionan Programs Public For The Improvement Of The Employability In Relation To The Use Of The Contract Of Insertion And The Order Of The Ministry Of Labour And Social Affairs Amending...

Original Language Title: ORDEN TAS/2435/2004, de 20 de julio, por la que se excepcionan determinados programas públicos de mejora de la ocupabilidad en relación con la utilización del contrato de inserción y se modifica la Orden del Ministerio de Trabajo y Asuntos Sociale...

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TEXT

Law 12/2001, of 9 July, of urgent measures to reform the labour market for the increase of employment and the improvement of its quality, established a new contract of insertion, incorporating in its first article, Nine, a new letter (d) in Article 15 (1) of the recast text of the Law of the Workers ' Statute, adopted by Royal Legislative Decree 1/1995 of 24 March. According to this rule, such an insertion contract may be used when the unemployed workers are hired by a public administration or non-profit organisation and its object is to carry out a work or service of interest. general and social, as a means of acquiring work experience and improving the employability of the unemployed participant, within the scope of public programmes to be determined regulatively. The rule also lays down the legal status of the contract of insertion, establishing temporary limits and the obligation that the workers concerned cannot be rehired in the same way within the time limit laid down and demarcated, in addition, its funding for public employment services.

The abovementioned Law 12/2001, in its fifth additional provision, also adds a new additional provision sixteenth to the Workers ' Statute, which in its first paragraph determines that the programmes for the improvement of occupational Those referred to in Article 15 (1) (d) of the recast text of the Law on the Staff Regulations, referred to above, are those which are currently governed by the Order of the Minister for Labour and Social Affairs of 19 December 1997, for which the regulatory basis for the award of grants is established public, by the National Institute of Employment in the field of collaboration with organs of the General Administration of the State and its autonomous organizations, Autonomous Communities, Universities and non-profit institutions, which hire unemployed workers for the performance of works and services of general and social interest and in the Order of the Minister for Labour and Social Affairs of 26 October 1998 laying down the basis for the award of grants by the National Employment Institute, in the field of collaboration with local corporations for recruitment of unemployed workers in the performance of works and services of general and social interest. The second paragraph of that additional provision, sixteenth of the Staff Regulations, provides that the Minister for Labour and Social Affairs may amend the content of the programmes provided for in the abovementioned Ministerial Orders, to establish new public programmes for the improvement of occupational health or to derogate from them for the purposes of Article 15 (1) (d) of the Staff Regulations.

Since January 2002, the date of the implementation of the insertion contract, there have been undesirable effects from the point of view of the promotion of employment and the improvement of the employability of the unemployed: on the one hand, the In the case of the Commission, the Commission has taken the view that, in the light of the Commission's report, the Commission has been able to take the view of the Commission in the light of the small and medium-sized municipalities, the above programmes can be developed with a view to permanent and regular, which advises to derogating from its use in the programmes of improvement of the occupational safety regulated by the Orders of the Minister of Labour and Social Affairs of 19 December 1997 and 26 October 1998.

On the other hand, the aforementioned Order of the Minister of Labour and Social Affairs of 19 December 1997 is amended in order to adapt its content to circumstances detected in its management and to the provisions of the Royal Decree Law. On 25 June, the Commission will be required to rationalise the minimum inter-branch wage and increase the amount of the minimum wage. An extraordinary time limit for the submission of applications within the scope of that Order is also opened.

In its virtue, in accordance with the provisions of the additional sixteenth provision of the recast text of the Law of the Workers ' Statute, and Article 17 of Law 38/2003, of 17 November, General of Grants, prior to Report of the State Advocate and the Delegation of the General Intervention of the State Administration in the Public Service of State Employment, I have:

Article 1. Derogation from public service improvement programmes, for the purposes of Article 15.1 (d) of the recast text of the Law of the Workers ' Statute, adopted by Royal Legislative Decree 1/1995 of 24 March.

According to the provisions of paragraph 2 of the additional provision sixteenth of the Law of the Workers ' Statute, recast text approved by Royal Legislative Decree 1/1995, of March 24, is excepted, to the effects of the provisions laid down in Article 15 (1) (d) of the Staff Regulations of Workers, the programmes for the improvement of the occupational health covered by the following provisions:

Order of the Minister of Labour and Social Affairs of 19 December 1997 laying down the basis for the granting of public subsidies by the National Institute of Employment in the field of collaboration with organs of the General Administration of the State and its self-employed bodies, Autonomous Communities, Universities and non-profit institutions, employing unemployed workers for the performance of works and services of general interest and social.

Order of the Minister of Labour and Social Affairs of 26 October 1998 laying the foundations for the award of grants by the National Institute of Employment, in the field of collaboration with corporations (a) premises for the recruitment of unemployed workers in the performance of works and services of general and social interest.

Article 2. Amendment of the Order of the Minister of Labour and Social Affairs of 19 December 1997 laying down the basis for the granting of public subsidies by the National Institute of Employment in the field of the collaboration with organs of the General Administration of the State and its autonomous organizations, Autonomous Communities, Universities and non-profit institutions, which employ unemployed workers for the construction of works and services general and social interest.

The articles and the first final provision relating to the Order of the Minister for Labour and Social Affairs of 19 December 1997 laying down the regulatory basis for the granting of public grants, by the National Institute of Employment in the field of collaboration with bodies of the General Administration of the State and its autonomous bodies, Autonomous Communities, Universities and non-profit institutions, which hiring unemployed workers for the performance of works and services of general and social interest, are modified in the following terms:

1. Article 4 is worded as follows:

" Article 4. Target of public grants and amounts of grants.

1. The grants to be awarded shall be used for the financing of workers ' wage costs, which together with the requirements set out in this standard, are contracted for the execution of works and services of general and social interest.

2. The maximum amount of the grant to be received by the beneficiary institutions shall be equal to the result of multiplying the number of unemployed workers employed for the number of months of the contract and the amount of the module which corresponds to the social security contribution group of the contract worker, as set out in the number 3 of this article.

The maximum amount shall be reduced proportionally on the basis of the working day, when contracts are concluded on a part-time basis.

3. The modules for each contribution group of contract workers shall be as follows:

Module A: Total wage costs to be subsidised by the Public Employment Services will amount to one and a half times the public multi-purpose income indicator (IPREM) in force each year, including the proportional share of the two extraordinary payments per equivalent amount each to a monthly payment of that IPREM, or the amount provided for in collective agreement of application to be lower, as well as the corresponding contribution to social security for all the concepts, for each worker employed in the social security contribution groups 10 and 11.

Module B: Total wage costs to be subsidised by the Public Employment Services will amount to twice the public multi-purpose income indicator (IPREM) in force each year, including the proportional share of two (a) the amount of the sum of the amounts paid by the Member State to which the institution is entitled to be paid, or the amount provided for in the collective agreement for the application to be lower, and the corresponding contribution to the social security contribution by all the concepts for each worker employed in the social security contribution groups 9 to and 5, both inclusive.

Module C: Total wage costs to be subsidised by the Public Employment Services will amount to three times the public multi-purpose income indicator (IPREM) in force each year, including the proportional share of two (a) the amount of the sum of the amounts paid by the Member State to which the institution is entitled to be paid, or the amount provided for in the collective agreement for the application to be lower, and the corresponding contribution to the social security contribution by all the concepts for each worker employed in the social security contribution groups 4 to 1, both inclusive. "

2. Article 5 (1) (d) shall read as follows:

" (d) The duration of the projects shall not exceed nine months from the date of commencement of the projects, which shall, in any event, be carried out within the year in which they are approved, and shall be completed no later than the the first six months of the following financial year. '

3. The final first provision is worded as follows:

" The Director-General of the State Employment Public Service is hereby authorized to make the necessary arrangements for the application and development of this Order and, in particular, to establish extraordinary time-limits for submission of applications for public subsidies provided for in this standard. "

First transient disposition. System of application to projects of works or services.

The provisions of Articles 1 and 2 of this provision shall apply to the projects of works or services which are approved as of the date of entry into force of this Order, by means of a decision granting grants issued under the abovementioned Ministerial Orders. To projects with a grant-granting resolution prior to that date, and consequently to all contracts which are formalised under those resolutions, including those which may be formalised since the entry into force of the said decision. Order, they shall continue to apply, for all intents and purposes, the provisions of Article 15 (1) (d) of the Law on the Staff Regulations of Workers.

Second transient disposition. Special term enablement for submission of requests.

For this financial year 2004, an extraordinary time limit for the submission of applications is hereby established, which shall be open for the following 10 days from the date of entry into force of this order, grant of grants referred to in the Order of 19 December 1997, in the field of the collaboration of the State Employment Public Service with organs of the General Administration of the State and its autonomous and managed bodies with the credit reserve established in its budget of expenditure in accordance with the provisions of Article 13; (e), 2. º, of Law 56/2003, of 16 December, of Employment. With regard to the activities and occupations that are considered to be priorities for the approval of the projects presented in this call, the resolution of the Directorate General of the National Institute of Employment of 11 of September 2003.

Single end disposition. Entry into force.

This rule shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 20 July 2004.

SANCHEZ-CAPTAIN BOILER