JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

EXPLANATORY STATEMENT

The current Basic Employment Law 51/1980, of 8 October, was approved in a context in which the socio-economic, technological and territorial organization situation presented well different profiles of the current ones.

This situation was characterised by the existence of a single public employment service, which formally acted as a monopoly, centralised around the National Employment Institute and with competition in the whole of the State territory. The implementation of the active policies was very moderate, while the unemployment protection was conceived exclusively as an economic benefit in the situations of lack of work.

Over the last few years, the social, economic, organizational and technological environment has undergone fundamental changes.

Effectively, in the first place, the evolution of the labour market over the long period of time since the adoption of the Basic Employment Law has seen the production of job losses, with the expulsion of the most sensitive collectives, while increasing the difficulty of their access to employment, unemployment and temporary employment rates, accentuating the territorial imbalances.

Along with this, there have been expansive situations that have allowed job creation. However, there is still a high unemployment rate and a low occupancy rate, comparatively with the figures of the European Union, especially for the women's collective.

in addition, difficulties are maintained in the incorporation of certain groups into the labour market, with a particular impact on long-term unemployment, lack of training for the working population, retention of geographical and functional mobility, imbalances between the different labour markets, excessive temporality in the occupation and a low rate of participation of the public employment services in the labour market.

Several additional factors have affected the labour market in recent years: demographic trends, first with the pressure exerted by young people on access to their first job and, subsequently, the ageing of the labour market. (i) the migration phenomenon, with the consequent arrival of significant human resources from outside our labour market; on the other hand, the development of information and technology technologies; communication; the new orientation of the social policy (from passive assistance to incentives for the (i) the opening of the labour market to private actors in the provision of information, guidance and intermediation services are a formidable set of challenges faced by a employment policy aimed at full employment.

But not only has the labour market in which public employment services operate, the political and institutional environment has changed and the labour market has become more complex. The traditional method of state management of the labour market has given way to more decentralised approaches with transfers of functions and services for the implementation of active employment policies to the autonomous communities. On the other hand, the financing of these policies has an important component of funds from the European Union, through the State Employment Public Service, even though the management of these policies is carried out by the Administrations. autonomic.

At present, public employment services need to operate in a more competitive, complex and dynamic environment and have to be placed on the market by providing a quality service to their users.

Finally, the globalization of the economy and the progress of European integration no longer allow us to think and act only in national key. The policy coordination strategy initiated in the European Union-economic policy, through the Broad Economic Policy Guidelines, and employment policy, through the Employment Guidelines and the National Action Plans for the employment, in coordination with the strategy of social inclusion-forces the Spanish State to set quantified objectives of action with the unemployed, since the European Union links the distribution of European funds (European Social Fund) the achievement of these objectives, which necessarily requires the establishment of mechanisms to make it possible to comply.

In this context, this law aims to increase the efficiency of the functioning of the labour market and to improve the opportunities for incorporation in order to achieve the objective of full employment, in line with what The Heads of State and Government have repeatedly agreed at the European Union summits, from the start of the Luxembourg process to their ratification at the Barcelona Summit. This translates into offering the unemployed, under the principles of equal opportunities, non-discrimination, transparency, gratuitousness, effectiveness and quality in the provision of services, preventive and personalized services for the services public employment, with particular attention to the disadvantaged groups, among which people with disabilities are in a preferential position. Employment policies should function as incentive instruments for the effective incorporation of the unemployed into the labour market, stimulating active search for employment and geographical and functional mobility.

From a perspective of harmonization of the new model with the current distribution of constitutional competences between the State and the autonomous communities, in terms of employment policy, the objectives are to ensure the cooperation and coordination between the administrations involved in such a way as to achieve maximum effectiveness by mobilising and optimising all available resources. The nuclear instrument to achieve this goal is the National Employment System, which is considered to be a set of structures, measures and actions necessary to promote and develop employment policy, which aims at development of programmes and measures aimed at achieving full employment in the terms agreed at the Lisbon Summit of Heads of State and Government. This system is made up of the Public Service of State Employment and the Public Services of the Autonomous Communities. Its bodies are the Sectoral Labour Affairs Conference and the General Council of the National Employment System. Its instruments, the National Action Plan for Employment, the Annual Work Programme of the National Employment System and the Public Employment Services Information System. The participation of the most representative business and trade union organizations in this system, as well as in the Public Services of State Employment and the Autonomous Communities, as well as being necessary in a constitutional model like the Spanish and respectful of our international commitments, it brings, finally, greater guarantees of cohesion and success to the project.

Finally, it is the essential objective of the law to define labor intermediation, a basic instrument of employment policy, in which collaboration with civil society, with respect for constitutional principles and according to criteria of objectivity and effectiveness.

The law also establishes a more modern concept of active employment policies, real tools for activation in the face of unemployment, which complement and relate to the economic performance of unemployment and are articulated In the case of personalised care itineraries for job seekers, depending on their personal and professional characteristics and requirements.

PRELIMINARY TITLE

From Employment Policy

ONLY CHAPTER

General rules

Article 1. Definition.

Taking into account the provisions of Articles 40 and 41 of the Constitution, the employment policy is the set of decisions taken by the State and the Autonomous Communities that aim at the development of programs and measures aimed at achieving full employment, as well as the quality of employment, the quantitative and qualitative adjustment of supply and demand for employment, the reduction of unemployment situations and due protection in situations of unemployment.

Employment policy will be developed within the broad guidelines of economic policy in the field of the coordinated strategy for employment regulated by the Treaty establishing the European Community.

Article 2. Objectives of employment policy.

Are general objectives of the employment policy:

(a) Ensuring effective equality of opportunity and non-discrimination, taking into account the provisions of Article 9.2 of the Spanish Constitution, access to employment and actions aimed at achieving it, as well as the free choice of profession, without any discrimination, in the terms laid down in Article 17 of the Staff Regulations.

These principles shall apply to nationals of Member States of the European Economic Area and, in terms of the rules governing their rights and freedoms, to other foreigners.

(b) Maintain an effective system of protection against unemployment, which includes active employment policies and unemployment benefits, ensuring coordination between them and the cooperation between them. different entities involved in the implementation of the employment policy and its management and the interrelationship between the different employment intermediation actions.

c) Adopt a preventive approach to unemployment, especially of long duration, by providing individualized care to the unemployed, through integrated actions of active policies that improve their employability.

Equally, employment policy will tend to adopt a preventive approach to unemployment and anticipation of change through training actions that will make it easier for the worker to maintain and improve his or her qualifications. professional, employability and, where appropriate, requalification and adaptation of their professional skills to the requirements of the labour market.

(d) Ensuring appropriate labour integration policies aimed at those groups with the greatest difficulties of job integration, especially young people, women, the disabled and the long-term unemployed over 45 years.

e) Maintaining the unity of the labour market throughout the entire state, taking into account the specific and diverse characteristics of the different territories and promoting the correction of territorial imbalances and social.

(f) Ensuring the free movement of workers and facilitating geographical mobility, both at state and at European level, for those wishing to move for employment reasons.

g) Coordinate its articulation with the dimension of the internal and external migration phenomenon, in accordance with the provisions of paragraphs (a) and (d) in collaboration with the autonomous communities, within the framework of their respective competencies.

Article 3. Planning and implementation of employment policy.

1. In the field of state competence, it is up to the Government, through the Ministry of Labour and Social Affairs, within the framework of the agreements adopted by the Sectoral Labour Affairs Conference, to coordinate employment policy.

Likewise, it is up to the government, on a proposal from the Ministry of Labor and Social Affairs, and prior to report this ministry to the Sectoral Conference on Labor Affairs, to approve the draft standards with a range of the law and the drafting and approval of the provisions of the regulations relating to the intermediation and placement in the labour market, the promotion of employment, the protection of unemployment, occupational and occupational training in the State sphere, as well as the development of such management, all without prejudice to the powers of in the field of foreign affairs correspond to the Ministry of the Interior.

In any case, it is up to the Government, through the Ministry of Labour and Social Affairs, to manage and control unemployment benefits.

2. In accordance with the Constitution and its Statute of Autonomy, the development of employment policy, the promotion of employment and the implementation of labour law and programmes, and the development of employment policies, are the responsibility of the autonomous communities in their territorial sphere. measures that have been transferred to them.

3. National Action Plans for Employment shall be drawn up by the Government, through the Ministry of Labour and Social Affairs with the participation of the Autonomous Communities, and shall be defined in accordance with the European Employment Strategy, setting itself up as an essential instrument for planning employment policy. The participation of the most representative employers 'and employers' organizations will be the same. The measures contained in the National Action Plans for Employment will be coordinated and integrated with the other policies of State origin and the European Union and, in particular, with those set out in the Social Integration Plans, with which must be consistent in order to ensure their maximum effectiveness.

The autonomous communities, in their respective territorial areas, shall establish their employment programmes, in accordance with the obligations laid down by the European Employment Strategy, through the National Action Plans. for employment.

Article 4. The local dimension of employment policy.

In line with the European Employment Strategy, employment policies in their design and management model should take into account their local dimension in order to meet the needs of the territory, so that Support and support employment generation initiatives at the local level.

In accordance with the Constitution, with the Statutes of Autonomy and Law 7/1985, of April 2, Regulatory of the Bases of Local Regime, the Public Services of Employment of the Autonomous Communities will establish the mechanisms (a) appropriate cooperation and in its case for participation with local authorities for the implementation of the programmes and measures of active employment policies.

TITLE I

The National Employment System

CHAPTER I

General provisions

Article 5. Concept.

The National Employment System means the set of structures, measures and actions necessary to promote and develop employment policy. The National Employment System is made up of the State Employment Public Service and the Public Employment Services of the Autonomous Communities.

Article 6. Finnish.

1. The National Employment System shall ensure that the following purposes are met:

(a) Encourage employment and support job creation, in particular for people with greater difficulty in job integration.

b) Offering a public and free employment service to workers and employers, capable of capturing job vacancies on the labour market, on the basis of effective and quality care with a view to progressively increasing their employment intermediation rates.

(c) Provide the necessary information to enable jobseekers to find a job or improve their employment opportunities, and employers, to recruit appropriate workers appropriate to their needs, ensuring the principle of equality in the access of workers and employers to the services provided by the public employment service.

d) Ensure that public employment services, within the scope of their respective competences, apply active policies in accordance with the principles of equality and non-discrimination, as provided for in Article 9 of the Treaty; Constitution, and promote the overcoming of territorial imbalances.

e) Ensuring the implementation of active employment policies and protective action for unemployment.

(f) Ensuring the unity of the labour market throughout the Spanish territory and its integration into the European single market, as well as the free movement of workers.

g) Promoting the cooperation of the public employment service and companies in those active policy actions and professional qualifications that they develop and which can be effective for job integration, training or retraining of the unemployed.

2. In the fulfilment of these objectives, the National Employment System will be subject to regular evaluation in order to bring its structures, measures and actions into line with the real needs of the labour market.

Article 7. Organs of the National Employment System.

1. The organs of the National Employment System are:

(a) The Sectoral Conference on Labour Affairs, which is the general instrument for collaboration, coordination and cooperation between the State Administration and the State Administration in the field of employment policy and in particular in the preparation of the National Action Plans for Employment. The approval of the annual work programme of the national employment system is the same.

(b) The General Council of the National Employment System, which is the consultative body for institutional participation in employment policy. The Council shall be composed of a representative of each of the Autonomous Communities and of equal numbers of members of the General Administration of the State, of the business organizations and of the most representative trade union organizations. For the adoption of agreements, the votes of the employers ' organizations and the trade union organizations will be weighted so that each of these two representatives will have the same weight as the representatives of both organizations. Administrations, thus maintaining the tripartite nature of the Council. They shall be governed by their duties, in line with those attributed to the National Employment System by Article 9 of this Law, including the consultation and report of the National Action Plan for Employment and the Programme. annual work of the National Employment System.

2. The coordination of the National Employment System will be carried out mainly through the following instruments:

a) The National Action Plan for Employment.

b) The annual work programme of the National Employment System.

c) The Public Employment Services Information System.

Article 8. Principles of organisation and operation.

The organisation and functioning of the National Employment System will be based on the following principles:

1. Participation of the most representative employers ' and trade union organizations in the State Employment Public Service and the Public Employment Services of the Autonomous Communities, in the manner in which they determine, according to provided for in this law.

2. Transparency in the functioning of the labour market and the establishment of the policies necessary to ensure the free movement of workers for reasons of employment or training, taking into account as essential elements to ensure this principle the following:

a) Integration, compatibility and coordination of information systems. The State Employment Public Service and the Public Employment Services of the Autonomous Communities will collaborate in the creation, operation and maintenance of a common information system to be organized with an integrated IT structure and compatible. This will make it possible to carry out in an appropriate manner the functions of employment intermediation without territorial barriers, the registration of unemployment, the common statistics, the communication of the content of contracts and the monitoring and control of the use of of funds from the General Administration of the State or European for its justification.

(b) Existence of a common site on a telematic network enabling citizens ' knowledge of the offers, job demands and training opportunities existing throughout the territory of the State, as well as in the rest of the the countries of the European Economic Area, respecting the provisions of the Organic Law 15/1999 of 13 December on the Protection of Personal Data.

3. The Public Employment Services are responsible for assuming, in the terms laid down in this law, the implementation of active employment policies, without prejudice to the establishment of instruments for collaboration with other entities which act under their coordination. Such entities shall in any event respect the principles of equality and non-discrimination.

The collaboration of such entities will be oriented according to objective criteria of effectiveness, quality and specialization in the delivery of the service entrusted, in any case with the established rules corresponding. The collaboration of the social partners should be considered in a specific way.

4. Quality in the provision of service, promoting the drive and the permanent improvement of public employment services in order to adapt to the needs of the labour market, with the use of new technologies as a dynamic element of the change, with sufficient resources for human and material resources to enable specialised and personalised attention to be given to both jobseekers and businesses.

Article 9. Functions of the National Employment System.

1. Implement the European Employment Strategy, within the framework of its competences, through the National Action Plans for Employment.

2. To ensure the coordination and cooperation of the State Employment Public Service and the Public Employment Services of the Autonomous Communities, paying particular attention to the coordination between active employment policies and benefits by unemployment.

3. Establish concrete and coordinated objectives through the annual work programme of the National Employment System to assess the results and effectiveness of employment policies and to define comparable indicators.

4. To promote and coordinate the ongoing adaptation of public employment services to the needs of the labour market, in the framework of the agreements reached at the Sectoral Labour Affairs Conference.

5. Report, propose and recommend to public administrations on issues related to active employment policies.

6. To analyse the labour market in the various sectors of activity and territorial areas in order to bring the active employment policies into line with their needs, as well as to identify the national employment situation contributing to the establishment of the needs of foreign workers, in accordance with regulations derived from migration policy.

CHAPTER II

The State Employment Public Service

Article 10. Concept.

The State Employment Public Service is the autonomous body of the General Administration of the State to be entrusted with the management, development and monitoring of the employment policy programmes and measures, within the framework of the established in this law.

Article 11. Nature and legal status.

The Public Service of State Employment is an autonomous body of those provided for in Chapter II of Title III of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State. Ministry of Labour and Social Affairs, through its holder.

As a self-governing body it has its own legal personality and independent of the General Administration of the State, full capacity to act for the performance of its own functions, assets and treasury, as well as autonomy of management, governed by the provisions of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Procedure Common Administrative Law, the General Budget Law and the other provisions of application to the autonomous bodies of the General Administration of the State.

Article 12. Organization.

The State Employment Service is articulated around a central structure and a peripheral structure, for the fulfilment of its competences. The most representative employers ' and trade union organisations shall participate, in a tripartite and joint manner, in their respective bodies.

In any case, the central structure shall be provided by a general council and an executive committee, the composition and functions of which shall be established in accordance with the powers conferred on the Public Employment Service. State.

Article 13. Competencies.

The State Employment Public Service will have the following competencies:

(a) Develop and raise to the Ministry of Labour and Social Affairs the proposed State-wide legislation on employment.

b) Formulate the revenue and expense budget blueprint.

(c) To receive the aid of European funds for the co-financing of actions in charge of its budget and to proceed with the justification thereof, through the managing authority designated by the European Union legislation.

d) Collaborate with the Autonomous Communities in the elaboration of the National Action Plan for Employment, adjusted to the European Employment Strategy, and the annual National Employment System Work Programme.

The most representative business and trade union organisations will be involved in the development of the National Action Plan for Employment and will receive regular information on their development and evaluation. Such periodicity shall not exceed six months.

e) Manage the programs funded from the credit reserve established in your spending budget. These programs will be:

1. Programmes whose implementation affects a geographical area higher than that of an autonomous community, where they require the geographical mobility of the unemployed or workers participating in the programmes to another autonomous community different from yours and need unified coordination.

2. Programs for the improvement of the occupation of the jobseekers through the collaboration of the Public Service of State Employment with organs of the General Administration of the State or its autonomous agencies for the carrying out training and execution of works and services of general and social interest relating to the exclusive competence of the State.

3. Program of intermediation and active policies of employment whose objective is the integration of labor of immigrant workers, carried out in their countries of origin, facilitating the ordination of the migratory flows.

The credit reserve referred to in this paragraph (e) will be provided annually, prior to the report of the Sectoral Conference on Labor Affairs, by the General Budget Law of the State. The results of the actions funded from the actions shall be reported annually to that Sectoral Conference.

f) Carry out research, studies and analyses on the situation of the labour market and the instruments to improve it, in collaboration with the respective Autonomous Communities.

g) Maintain databases that guarantee the public record of offers, demands and contracts, maintain the observatory of occupations, and develop statistics on employment at the state level.

(h) the management and control of unemployment benefits, without prejudice to the task of monitoring and requiring compliance with the laws and regulations on obtaining and enjoying the benefits of the system of the Social security Article 3 of Law 42/1997, of 14 November, authorising officer of the Labour and Social Security Inspectorate, confers on officials of the Higher Body of Labour and Social Security Inspectors and of the Subinspectors for Employment and Social Security.

For the purpose of ensuring coordination between active policies and unemployment benefits, the management of this benefit will be developed through cooperation systems with the Public Employment Services of the communities. autonomous. The State Employment Public Service must collaborate with the autonomous communities that have assumed the transfer of the competencies.

i) Any other jurisdiction that is legally or regulated to be attributed to you.

Article 14. Budgeting for national-level employment funds.

1. The State, through the State Employment Public Service, has the competence in matters of national employment funds, which will be included in its budget duly identified and disaggregated.

These funds, which are not part of the effective cost of transfers of management powers to the autonomous communities, will be distributed in accordance with the provisions of the budgetary rules, when they correspond to programs whose management has been transferred.

2. In the distribution of the funds to the autonomous communities agreed at the Sectoral Conference on Labor Affairs, this part of the funds will be identified for active policies for the groups that specifically determine In accordance with the priorities of the European Employment Strategy and taking into account the specific features of the different autonomous communities, in order to ensure compliance with the National Employment Plan.

It shall be the subject of return to the State Employment Public Service of the funds with specific destination that have not been used for this purpose, except for exceptional circumstances, oversold and urgent attention They should be used for other collectives within the specific budgetary objectives, specifying in another case report by the Ministry of Finance. In any case, the State Employment Public Service and the corresponding body of the autonomous community will agree to reallocate such funds, reallocation which in no case will result in the modification of the budget of the Public Service of State Employment.

3. A credit reserve, not subject to the distribution referred to in the preceding paragraphs, shall be established for the total of the national employment funds to be managed by the State Employment Public Service for the programmes identified in paragraph (e) of Article 13 of this Law.

Article 15. Active policies co-financed by European Union funds.

1. In the allocation of funds to be managed by the autonomous communities referred to in the previous Article, in accordance with the procedure laid down in the General Budget Law, the programmes co-financed by the Funds shall be identified. European Union.

2. Where the active policies are co-financed by European Union funds, the autonomous communities which have assumed their management shall also bear the financial responsibility resulting from the fulfilment of the requirements laid down in the applicable Community legislation.

Article 16. Monitoring and control bodies of the funds.

1. They are the monitoring and control bodies of the national employment funds:

a) The State Employment Public Service.

b) The organs of the Autonomous Communities, with respect to the transferred management.

c) The Labour and Social Security Inspectorate.

d) The General Intervention of the State Administration.

e) The Court of Auditors.

(f) To the extent that the funds are co-financed by the European Union, the corresponding bodies of the European Union, as well as, at the State level, the bodies designated as managing authorities and the paying authorities of the structural funds.

2. Control actions shall be carried out by those bodies in accordance with the rules applicable to them.

CHAPTER III

The Public Employment Services of Autonomous Communities

Article 17. Concept and competencies.

1. It is understood by the Public Employment Service of the Autonomous Communities that the bodies or entities of the same to which those administrations entrust, in their respective territorial areas, the exercise of the necessary functions for the management of labour intermediation, as set out in Article 20 et seq. of this Law, and of the active employment policies, referred to in Articles 23 et seq. of this same provision.

2. The Public Employment Services of the Autonomous Communities and the State Public Employment Service will participate in the elaboration of the proposal of the annual work program of the National Employment System, for approval by the Conference Sector of Labour Affairs and subsequent implementation in their respective territorial areas.

Article 18. Organization.

The Public Employment Services of the Autonomous Communities, according to their capacity for self-organization, will be equipped with the governing bodies and structure to provide the service to the citizen.

These Public Employment Services will have the participation of the most representative employers ' and trade union organisations in the consultative bodies in the way it is envisaged by the Autonomous communities, having such participation tripartite and joint.

Article 19. Autonomous financing of active employment policies.

The active policies developed in the autonomous communities and whose funding does not correspond to the State Employment Public Service, or in their case the complementary ones of the State Public Service, will be financed, in their (i) case, with the corresponding items that the budgets of the autonomous community establish, as well as with the participation in the funds from the European Union.

TITLE II

Employment policy instruments

CHAPTER I

Job intermediation

Article 20. Concept.

Labor intermediation is the set of actions that aim to bring into contact job offers with job seekers for placement. The purpose of the work intermediation is to provide the workers with an adequate job of their characteristics and to provide the employers with the workers most appropriate to their requirements and needs.

Article 21. Agents of intermediation.

For the purposes of the National Employment System, intermediation in the labour market will be carried out through:

(a) Public employment services, by themselves or through the entities that collaborate with them.

b) The placing agencies, duly authorized.

c) Those other services that are regulated for workers abroad.

Article 22. Basic principles of the intermediation of public employment services.

1. Public employment services assume the public dimension of employment intermediation, although they may establish with other entities conventions, agreements or other instruments of coordination aimed at promoting the placement of of employment.

2. The work intermediation carried out by the public employment services and the placement agencies, as well as the intermediary actions that can be performed by other collaborating entities, will be provided according to the principles constitutional equality of opportunities in access to employment and non-discrimination, ensuring full transparency in the operation of such opportunities.

3. In order to ensure compliance with these principles, the public employment services shall ensure that the specific selection and appeal process between the supply of work and the demand for employment is, in general, at the service level. public employment and duly authorized placement agencies.

In the case of collectives with special difficulties in entering into employment, public employment services may have specialized collaborating entities to carry out the process referred to in the preceding paragraph.

4. The employment intermediation carried out by the public employment services, either by themselves or through the entities that collaborate with them, as set out in this chapter, will be carried out free of charge for the workers and for the employers.

CHAPTER II

Active Employment Policies

Article 23. Concept of active employment policies.

1. Active employment policies include all the programmes and measures for guidance, employment and training aimed at improving the opportunities for access to employment for the unemployed on the labour market, on a self-employed or employed basis. and the adaptation of training and retraining for the employment of workers, as well as those aimed at promoting entrepreneurship and the social economy.

The policies defined in the previous paragraph should be developed throughout the State, taking into account the European Employment Strategy, the needs of the jobseekers and the requirements of the respective markets. (a) in a coordinated manner between the professional training agents and the labour intermediation who carry out such actions, in order to promote the placement of the jobseekers.

2. These policies will be complemented and related, where appropriate, to the unemployment protection regulated in Title III of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June. The protective action for unemployment referred to in Article 206 of the said legal text includes unemployment benefits at the contributory and assistance level and the actions that make up the active employment policies.

Article 24. The preventive approach to active employment policies.

1. In accordance with the guidelines set out in the European Employment Strategy, which provides for the preventive treatment of long-term unemployment situations and in accordance with the rules governing the Structural Funds of the European Union, European employment services will guide their management in order to facilitate new opportunities for the unemployed to join the unemployed before they move into a long-term unemployment situation.

2. The coordination of the active services and policies in favour of the unemployed will be ordered by the public employment services in an individual job insertion route, in collaboration with the employment claimant in accordance with the professional and personal circumstances of this.

3. Job seekers should be involved, in accordance with the provisions of their individual employment integration pathways, in the active employment policies, in order to improve their employment opportunities.

Article 25. Classification.

1. Programmes and measures integrating active employment policies shall be directed and directed by their corresponding regulatory standard, by means of actions that pursue the following objectives:

a) Inform and orient towards active job search.

b) Develop occupational and continuing vocational training programs and qualify for work.

c) Facilitate professional practice.

d) Create and promote employment, especially the stable and quality.

e) Promoting self-employment, the social economy and the development of small and medium-sized enterprises.

f) Promote job-creating activity creation.

g) Facilitate geographic mobility.

h) Promote policies aimed at the employment of persons in situations or risks of social exclusion.

In the design of these policies, the objective of equal treatment between men and women will be actively taken into account in order to ensure in practice full equality on the basis of sex, as well as the objective of guaranteeing equal treatment. equal opportunities and non-discrimination, as provided for in paragraph (a) of Article 2 of this Law.

2. The occupational and continuing vocational training programmes shall be carried out in accordance with the provisions of this Law, as well as in the Organic Law on Qualifications and Vocational Training and the rules to be laid down for their application.

Article 26. Priority collectives.

1. The Government and the Autonomous Communities shall adopt, in accordance with the constitutional and statutory provisions and the commitments made at the level of the European Union, specific programmes to promote the employment of persons. with particular difficulties of integration into the labour market, especially young people, women, long-term unemployed over 45 years of age, disabled and immigrants, with respect to foreign legislation.

2. Taking into account the special circumstances of these groups, the public employment services will ensure the design of the insertion routes that combine the different measures and policies, duly ordered and adjusted to the profile (a) vocational training for the unemployed and their specific needs. Where necessary, public employment services will assess the need for coordination with social services in order to provide better care for the unemployed.

CHAPTER III

The coordination between active policies and economic protection against unemployment

Article 27. The inclusion of benefit recipients as jobseekers and their participation in active employment policies.

1. Applicants and recipients of unemployment benefits and allowances shall be required to register and maintain registration as jobseekers in the public employment service.

2. Registration as a jobseeker will be made with full availability to accept a suitable placement offer.

3. The public authorities responsible for the management of active policies shall ensure the application of the active employment policies to the beneficiaries of unemployment benefits and allowances, in the framework of what is agreed with the provisions of Article 14.2 of this Law. For these purposes, the volume of beneficiaries in proportion to their share of the total number of unemployed in their territory shall be met by such policies at least.

4. The beneficiaries of unemployment benefits and allowances registered in the public employment services must be involved in the active employment policies to be determined in the course of employment. The competent public authorities shall verify compliance with the obligations as claimants of employment of the beneficiaries of unemployment benefits and allowances and shall report the non-compliance with those obligations to the State Employment Public Service, at the time they are produced or known.

Article 28. Cooperation and collaboration between public employment services managing active policies and the State Employment Service in the field of economic protection against unemployment.

1. Administrations and public bodies which have responsibility for the management of employment and the State Employment Service shall cooperate and cooperate in the exercise of their powers by ensuring the coordination of the (i) various activities of intermediation and labour insertion and those of the application, recognition and perception of unemployment benefits, through the agreements to be adopted at the Sectoral Conference and the cooperation agreements which have been concluded reach, in application of the provisions of Articles 5 and 6 of Law No 30/1992 of 26 November 1992, of Legal status of public administrations and the common administrative procedure.

2. In this framework, the connection of the management processes and the related information systems will be established; the collaboration in the execution of the activities; the communication of the necessary information for the exercise of the respective (a) powers; the integrated provision of services to applicants for employment applicants and beneficiaries of unemployment benefits, and the application of intermediation, measures for the insertion of employment and plans for the improvement of occupational and occupational safety and checking the availability of the collective.

Additional disposition first. Identification of the State Employment Public Service.

The National Employment Institute is renamed the State Employment Public Service, retaining the legal, economic, budgetary, wealth and personnel regime, as well as the same legal personality and nature as autonomous body of the General Administration of the State, with the peculiarities provided for in this law.

As a result, all references in the legislation in force to the National Employment Institute or to its functions and units should be understood as the Public Service of State Employment.

Additional provision second. Temporary work companies.

Temporary work companies will adjust their activity to the requirements of regulatory regulations.

Additional provision third. Collaboration in the field of information with public employment services.

All public and private bodies and entities will be obliged to provide the State Employment Public Service and the Public Employment Services of the autonomous communities with data requested in the relationship with the fulfillment of the purposes that are their own, respecting the provisions of the Organic Law 15/1999, of December 13, of Protection of Personal Data.

Additional provision fourth.

The programmes financed by the credit reserve established in its expenditure budget, the implementation of which will affect a geographical area higher than that of an autonomous community without involving the geographical mobility of the unemployed workers participating in them, may be managed by the State Employment Public Service when they require unified coordination and prior agreement between the State Employment Public Service and the Autonomous Communities in which the programmes are to be implemented.

Additional provision fifth. Comprehensive plan for the employment of the Canary Islands.

having regard to the economic, social and employment situation of the Canary Islands, given their status as an outermost region resulting from their insularity and remoteness recognised by Article 138.1 of the Constitution and Article 299.2 of the Treaty of the European Union and, in respect of aid from the Structural Funds, Article 3.1 of Council Regulation (EC) No 1260/1999 of 21 June 1999, in order to increase employment in its territory, the State may participate in the financing of an integrated employment plan which will be provided, in a differentiated manner, in the state of expenditure of the Public Service of State Employment, for direct management by that Autonomous Community, not integrated in the credit reserve referred to in Article 13.e) of this Law and which shall be independent of the allocation of the employment funds of the State national, as referred to in Article 14, which corresponds to it.

First transient disposition. Entities that collaborate in the management of employment.

The entities that upon the entry into force of this law will collaborate with the public employment services will maintain such a condition in accordance with the regulations under which the collaboration has been established, as long as it does not develop Regulation of a new system of collaboration with public employment services.

This regulation will establish the minimum requirements of the entities to collaborate in the management, without prejudice to the development that in each autonomous community can be made of it.

Second transient disposition. Management of policies active by the State Employment Public Service.

The State Employment Public Service will manage the active employment policies relating to intermediation and placement in the labour market, promotion of employment in the state, vocational training and continuing training, while the management of the same has not been the subject of transfer to the autonomous communities.

Transient Disposition third.

As long as the current rates of employment and unemployment remain in the female workforce, the public authorities will have to organise the management of the active policies in such a way that the female collective benefits from the implementation of such policies in a proportion equivalent to their weight in the unemployed collective.

Single repeal provision. Regulatory repeal.

The provisions of this law and, expressly, the articles in force of Law 51/1980, of 8 October, Basic Employment, shall be repealed.

Final disposition first. Competitive titles.

This Law is dictated by the provisions of paragraphs 1.1., 1.7. and 1.17. of Article 149 of the Constitution. Article 13.e) is issued in accordance with the provisions of Article 149.1.13. of the Constitution.

Final disposition second. Regulatory enablement.

The Government is authorized to make any provisions necessary for the implementation and development of this law.

Final disposition third. National Employment System resources.

In order to ensure compliance with the purposes of the National Employment System, the public authorities, within the scope of their respective competences, will ensure that the employment services created in this law are endowed with the personnel who at any time prove necessary for the performance of the functions that the law entrusts to you.

Final disposition fourth. Collaboration agreements between the State Employment Public Service and the Public Employment Services of the Autonomous Communities for the financing of shared expenses, corresponding to the state management of unemployment benefits that do not The extension of the effective cost to the Autonomous Communities is involved.

In accordance with the principles advocated in this law on cooperation and collaboration between the Public Employment Services of the Autonomous Communities and the Public Service of State Employment, the Public Employment Service The State shall finance, from its budget, the shared costs that may eventually arise in the network of employment offices of ownership transferred to the Autonomous Communities, which are attributable to the provision of services of the managing staff. of unemployment benefits.

financing of such expenditure, which will be of an occasional nature, will not involve the extension of the effective cost of the means transferred to the autonomous communities of the management competence carried out by the National Institute of Employment in the field of work, employment and training, by means of collaboration agreements, in which the economic contribution of the State Employment Public Service corresponding to the shared costs, derived from the the management of unemployment benefits in the territorial area of the communities standalone.

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 16 December 2003.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ