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Order Of 30 October 2001 Which Regulates The Basis For The Award Of Grants For The Implementation Of Pilot Programmes In Direct Management Reserve-Financed Training And Employment, By The...

Original Language Title: ORDEN de 30 de octubre de 2001 por la que se regulan las bases para la concesión de subvenciones para la puesta en práctica de programas experimentales en materia de formación y empleo, financiados con cargo a la reserva de gestión directa, por el...

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TEXT

Since the introduction, in the year 2000, of the "direct management by INEM of credits relating to the promotion of employment", through the additional twenty-third provision of Law 54/1999, of December 29, the legal and budgetary clearance, in order to the implementation of experimental programmes that explore new alternatives of job insertion of the jobseekers with the aim of their extension to the entire territory state, once its effectiveness has been evaluated.

This budget reserve operates as a reserve for the management of active employment policies, in the cases provided for in the corresponding additional provision of the text of the General State Budget Law, The National Employment Institute, however, is responsible for the management of the Agency in the field of work, employment and training, by the Autonomous Communities, by means of the relevant Royal Decrees of transfers.

Within the programmes referred to in this Order, there are also actions to acquire work experience, to promote the insertion in the labour market, to promote entrepreneurship, self-training in the labour market, job and training for specific groups of those identified as priorities in the 2001 National Action Plan for Employment.

Likewise, the innovative and experimental nature of the actions provided for in the fifth additional provision of Royal Decree 781/2001 of 6 July 2001 regulating an active income programme for the year 2001. long-term unemployed workers over the age of forty-five years, justifies the establishment by this Order of the bases and conditions under which the collaborating entities of the Public Employment Service may participate in the treatment of those unemployed.

The National Institute of Employment has wanted to contribute, through this Order, to the development of the INFO XXI Action Plan, for which an experimental programme has been included that includes the provision of a course on "Information and Communication Technology for Formators", the content of which will be basic training in computer science and the use of the Internet, which is intended to be extended to 3,000 Occupational Training trainers (trainers of the FIP Plan). -workshop, offices and job workshops) by providing information through the use of Internet.

In line with the above, it has been considered necessary to lay down the regulatory bases for the grants to finance the development of these experimental programmes.

Consequently, pursuant to Article 81 (6) of the recast text of the General Budget Law, and after the State Department's report on the Department, I have:

Article 1. Purpose of the grant.

1.1 The subsidies covered by this rule are aimed at the implementation of experimental programmes exploring new alternatives for labour integration, as well as comprehensive training/employment programmes for the job seekers.

1.2 The actions, referred to in this Order, will, in general, aim at improving the employability and integration of the unemployed identified as priorities in the annual definition of the National Action Plan for the Employment, among which are disabled, immigrants, women with job integration problems and unemployed workers at risk of social exclusion and recipients of benefits, unemployment benefits or income The active insertion.

Without prejudice to this, it will be possible to point out, within such groups and, for some of the programmes covered here, specific recipients within the priorities set out in the National Action Plan for Employment.

1.3 In general, at least 40 per 100 of the beneficiaries of the actions that set up an experimental or comprehensive training/employment plan, as well as the experimental training actions, must be perceived as unemployment benefits or benefits. This percentage shall be lower if the number of beneficiaries of benefits or allowances, registered as jobseekers in the locality in which the plan is to be developed, for the occupations covered by the plan, shall not reach the said percentage or in the case of training actions, if the benefits required are not at the level of entry required in the course of action. In particular, in the case of the comprehensive training/employment programme, provided for in paragraph 3.3 of this Ministerial Order, all participants in the programme will have to be unemployed previously admitted to the programme of active income This is the case for the year 2001, in Royal Decree 781/2001, of July 6 or for a regulatory provision in the next financial years.

1.4 The rights of exploitation of the projects and training products, financed by this Order, will be transferred to INEM, which will be the guarantor of the dissemination and transferability of the same.

In this respect, the legal representative of the entity requesting the grant shall undertake in writing to make such a transfer, in accordance with the requirements set out in the recast of the Law on Property Intellectual, approved by the Royal Legislative Decree 1/1996 of 12 April.

1.5 The Ministry of Labour and Social Affairs will be able to agree on the extension of these pilot programs to the entire national territory, once their effectiveness has been evaluated.

Article 2. Financing and regulation.

2.1 The subsidies and aids provided for in this provision will be financed, up to the limit of the available budget, from the reserve to be established in favour of the National Employment Institute, for its direct management, by the annual State Budget Law.

2.2 Training actions, in which projects supported under this Order are implemented, may be co-financed by the European Social Fund under the framework established in the Operational Programmes for Systems of Vocational training for the period 2000-2006.

2.3 The granting of these grants will be made under competitive competition and will be regulated by the provisions of this Order and, as far as it is not established, will be applied, as a supplement, to the regulatory standards of the different training programmes which are related to their first provision, as well as the provisions of Royal Decree 2225/1993 of 17 December 1993 on the regulation of the procedure for the award of grants public.

Article 3. Description of the programmes to be developed.

3.1 The following are considered to be experimental programmes to be developed in accordance with the provisions of this Order:

3.1.1 Employment plans aimed at testing formulas for the employment of unemployed people who are innovative or have little use in the usual management programmes for the promotion of employment. These formulas must be limited to the placement on the job market of the jobseekers or to the improvement of the occupational safety of the job seekers, provided that they provide certain and evaluable advantages over the traditional models of management.

3.1.2 Plans for the promotion of entrepreneurship in line with what is foreseen in the National Action Plans for Employment and which involve the combination of training and business practice in a business environment real. This training should incorporate the common content of the activity to be considered necessary, such as: business vocation, information technologies, languages, quality, etc., as well as specific content related to the areas in which it is intended to form. Non-working practices will be developed in specific companies with a written commitment. This practical training should involve 70 per 100 of the total of the Plan.

3.1.3 The experimental application of occupational training courses corresponding to Certificates of Professionalism, approved and/or in the project, in order to verify the correspondence between the professional profile and the itinerary training, as well as the suitability of the objectives, contents, duration and requirements of the training. These approved certificates and/or in the project are those listed in Annex I. A) and B).

3.1.4 Implementation of training actions and experimental support for the groups of: Disabled, immigrants, women with job integration problems and unemployed workers at risk of risk. social exclusion, in order to facilitate their employment integration.

These actions may be carried out in courses of the National Plan for Vocational Training and Insertion (hereinafter the FIP Plan), adapted or expanded with specific training modules appropriate to the characteristics and needs of the This is a very important step in the development of the European Union's policy of action in the field of education and training.

3.1.5 The provision of an initial level course on "Information and Communication Technology for Formators", with the aim of implementing its implementation at national level for the training of training trainers Occupational (FIP Plan Formators, Workshop-Workshop, Office of Trades and Employment Workshops). This course will be taught through Internet mode.

In Annex II, the technical and organizational characteristics of the course and the selection criteria for the projects presented are indicated.

3.1.6 Development of projects aimed at the elaboration and implementation of virtual simulators or other similar IT tools for their immediate application to occupational vocational training courses, in those occupations or occupations in which there has been a lack of training provision or sustained increase in demand for skilled workers.

These projects may have a multi-annual production period, but the justification for the costs must be differentiated in each financial year and their financing will be conditional on the existence of credit in the General budgets for each financial year.

Its basic technical characteristics, eligible costs and final product operativity are listed in Annex III of this Order.

3.1.7 Experimental projects implementing a system of self-training in the workplace as the content of a Business Training Plan for job seekers, for their subsequent insertion into the company.

This system of self-training in the workplace must be sufficiently experienced in the corresponding productive sector.

In addition, a commitment to recruit students who receive training through this system, no less than 60 per 100 of them and with a minimum duration of six months, will be incorporated into these experimental projects.

3.2 Similarly, it will be considered an experimental programme which aims at the development of comprehensive training/employment plans which combine actions of a different nature such as: information, guidance and advice; training; labour practice and geographical mobility.

The comprehensive training/employment plans will be articulated from the relevant collaboration agreement between the INEM and the applicant entity.

In these comprehensive plans, quantified objectives will be established for the employment insertion of the unemployed participants. In general terms, such employment insertion shall be deemed to have been achieved when, during the period of the plan, the unemployed person is employed as an employed person for a duration of not less than six months. However, the definition of such an insertion may be appropriate in the relevant collaboration agreement, depending on circumstances such as the professional activity which the worker inserted or his or her membership in (a) the unemployed, with special problems of integration.

The Public Employment Service will select the jobseekers for incorporation into the comprehensive plan in accordance with the general criteria of the first article of this Ministerial Order.

3.3 Finally, an experimental programme shall be considered to be carried out in the terms described in paragraph 3.2 above, where all participants in the programme are previously unemployed persons admitted to the income programme. The company has been active in the field of integration and has subscribed to its commitment to work, in accordance with the provisions of Royal Decree 781/2001 of 6 July 2001, or regulatory provision for the next financial years. In these programmes, the objectives of employment integration must be at least 25% of the job seekers served during the development of the programme.

Article 4. Amount of the grants.

4.1 The financing of the employment plans, as referred to in Article 3.1.1 of this Order, shall be made in accordance with the following specifications:

4.1.1 When unemployed workers in the development of an employment pathway within the experimental programme receive career guidance, training for employment, motivation and technical support, they will be able to to receive an economic aid of 15 000 pesetas/month (EUR 90.15), offset against travel expenses, which will be compatible with unemployment benefits. In order to qualify for the aid, the measures must be for a period of at least five hours per day and three months. The amount corresponding to that aid shall be part of the grant awarded and shall be paid by the beneficiary of the grant to the unemployed person provided that he has assisted at least 90 per 100 of the orientation sessions.

4.1.2 In the case of temporary hiring of unemployed persons, the wage costs and the totality of the social security contributions derived from the unemployed will be financed by each unemployed person, depending on the remuneration fixed for the relevant worker in the implementing collective agreement.

4.1.3 In the event of the need for the incorporation of technicians, experts or professionals who are going to carry out support and support actions in favour of the occupational safety of the unemployed workers (a) the costs of wages and social security of such technicians, who are not unemployed, in the amount referred to in the preceding paragraph, and for the period corresponding to that of their incorporation into the project for the benefit exclusive of these services. This grant will only be granted in the event that unemployed professionals with the required profile are not found and are available at the employment offices of the Public Employment Service of the locality in which the job is to be developed. plan.

4.1.4 The general expenses related to the functioning of the services provided to the unemployed can also be financed, with the use of local, energy, communications and rental expenses. These costs may not exceed 25 per 100 of the total cost of the project.

4.2 In the projects described in paragraph 3.1.2, the amount of the subsidy will be 1,500 pesetas/pupil (9.02 euros), with the concepts of costs that can be justified by the same as the FIP Plan.

4.3 The financing of the projects included in section 3.1.3 (experimental application of occupational training courses corresponding to certificates of professionalism in Annex I. A) and B) of this Order, subject to the rules governing the economic modules for grants set out in the FIP Plan, with the particularity that the eligible amounts may be increased by 20 per 100 on the basis of the experimental nature of the "

4.4 The concepts set out in Annex IV to this Order shall be applied in the assessment of the training actions and the improvement of the insertion in Article 3.1.4.

4.5 For the assessment of the amount of project grants defined in paragraph 3.1.5 the maximum eligible cost will be 15,000 pesetas (90.15 euros) per pupil and module exceeded.

4.6 For the calculation of the eligible costs of the projects referred to in paragraph 3.1.6, the provisions of Annex III shall be taken into account.

4.7 The experimental projects covered by Article 3.1.7 of this Order will be financed at the rate of 285 pesetas/hour (1.71 euros) up to a maximum of 100 hours.

4.8 In the case of comprehensive training/employment plans provided for in Article 3.2 and 3.3 of this Standard, total funding will be determined in the relevant Partnership Convention, depending on the number of persons involved. to meet and objective objectives of insertion, without the amount to be perceived to be greater than 300,000 pesetas (1,803,04 euros) per person attended and 900,000 pesetas (5,409,11 euros) per person inserted in the labour market. In no case, taking into account both parameters, a quantity of more than 400,000 pesetas (2,404,05 euros) of average per unemployed person under the plan may be collected. A reduction in the total amount of the subsidy will be established in the Convention if the intended objectives are not achieved. This reduction will be calculated on the basis of the job seekers inserted, taking into account, however, the applicants served. The quantities, per person served or inserted, shall be determined in the relevant cooperation agreement, in the light of the characteristics of the unemployed to be covered and inserted and their difficulty in integrating into the labour market.

The subsidy determined in the Convention per person shall be used to cover the costs of the institution relating to the recruitment of staff necessary for the support and/or training of the applicants for employment, subsistence expenses and (a) displacements of such staff, and of the applicants involved in the plan, costs of depreciation of materials and technical equipment necessary for the provision of training, running costs, such as water, electricity, electricity, telephone, expenditure necessary for organization conferences, forums, exchanges of experiences. Current expenditure in excess of 25 per 100 of the total cost of the project is not eligible.

4.9 In no case, the amount of the grant awarded under this Order may be such that, in isolation or in competition with grants or aid from other public authorities, or from other public authorities. or private, national or international, exceeds the cost of the activity to be developed by the requesting entity.

Article 5. Grants and grants to participants in the courses.

5.1 The call for courses will be open to the participation of all the unemployed in the national territory, regardless of the location of the training action.

5.2 Participants in the occupational training courses subject to experimentation may have the right to obtain the transport, maintenance and accommodation aids that are established for the students of the FIP Plan, in the Article 17 of the Order of 13 April 1994, in accordance with the conditions laid down therein.

In addition, they will be entitled to the grants provided for in Article 6 (1) (b) of Royal Decree 631/1993 of 3 May, which regulates the FIP Plan and Article 17.4 and 7 (a) of the Order of 13 April 1994, which it develops The Royal Decree, the unemployed persons with disabilities, participating in the occupational training courses supported by this Order and meeting the requirements laid down in those provisions.

Article 6. Beneficiary entities.

May be beneficiaries of grants for the development of regulated programs in this Order:

6.1 For the development of the programs described in article 3.1.1 and 3.2 of this Order:

6.1.1 Local Corporations, Cabildos, Island Councils or entities that are dependent on or linked to a local government that are not for profit, provided that they meet at least two of the following requirements, the requirement laid down in point (b) and provided that they have not been eligible for the last three years of special schemes for employment supported by the National Employment Institute, in the understanding of those who have the recruitment of unemployed people for an average of more than one year five months.

(a) That they have territories with high levels of unemployment and that the actions address the job insertion of non-occupied, non-occupied claimants, as a priority, in the National Plan of Action for Employment, and within of them, when applicable to those specifically provided for in this Order.

b) That they have carried out market surveys on their territory by identifying vacant positions which are likely to be filled by jobseekers.

(c) the inclusion of self-employed persons in activities linked to emerging needs such as proximity services, cultural and leisure services, the environment and the environment is possible in their territory; new information and communication technologies.

6.1.2 Non-profit-making legal persons who have experience in carrying out actions aimed at supporting the unemployed in the process of employment integration as an employed or self-employed person.

6.2 For the development of the comprehensive training/employment plans provided for in Article 3.3 of this Ministerial Order, they may be eligible entities for the grants covered by the Ministerial Order, in addition to those referred to in the This is the case in point 6.1, the placement agencies and the associated entities of the integrated services for employment.

6.3 In the projects referred to in Article 3.1.2, any public or private entity or company that accredits consolidated experience in the training, occupational or professional area with which the Plan presented relates.

6.4 In the projects aimed at the experimentation of courses of Professional Certificates, as set out in Article 3.1.3, any collaborating centre of the FIP Plan, which meets the requirements, will be able to participate. listed in Article 7 of this Order. Only one project per applicant and certificate will be accepted for processing and, at most, two applications will be selected per certificate.

6.5 For the delivery of the training actions described in Article 3.1.4 (implementation of experimental training actions aimed at special groups), associations, entities, public and private non-profit organisations and institutions, which have centres approved in their name in the field of the FIP Plan to be taught and which have as their associative, foundational or social purpose the support and the training of the collective for which the grant is requested.

6.6 The projects referred to in Article 3.1.5 (Initial level course of Information Technology and Communication for Formators) may be submitted to public or private entities or undertakings meeting the requirements set out in Annex II, but only the project which reaches the highest technical assessment will be selected.

6.7 The projects included in Article 3.1.6 may be presented by entities, organisations and associations and public or private enterprises,

having proven experience in the development of virtual simulators or computer tools for their application in the field of training.

6.8 The projects referred to in Article 3.1.7 may be submitted to public, private and/or undertakings which have a commitment to contract.

Article 7. Requirements of the application.

7.1 All applications shall be submitted in accordance with the official model set out in Annex V to this Order.

7.2 For all projects of this standard, applications shall be accompanied, first, by an explanatory memorandum of the programme in duplicate. The presentation of explanatory memory is considered a prerequisite for the assessment of this request. Their non-filing will result in the automatic refusal of the same. This memory will refer to the following aspects in the order that is indicated:

Naming of the program or project.

Description of the same, including a detailed enumeration of each of the actions that compose it, taking into account the different types of programs where these actions are framed.

The start and end date for the actions.

The place where the actions are to be developed, specifying the full address.

Collectives to which the project is being directed.

Number of participants.

7.3 For projects relating to experimental programmes in Article 3.1.1, 3.2 and 3.3 of this Order, the explanatory memorandum for the programme will also refer to the following aspects:

Economic assessment of the total cost of the project, detailing the concepts of eligible expenditure and the estimate of the project per person attended, as provided for in this Order, as well as the co-financing of the entity contributor.

Activities or sectors to act on.

The relationship of the material and human resources available to or from which the applicant will be provided, specifying the conditions of those and the history and capabilities of the applicant, indicating those who are going to affect to carry out the proposed actions.

Expected job insertion targets which, in the case of the Article 3.3 programmes, will have to be at least 25 per 100 of the employed job seekers.

For Local Corporations, reference to the study on prospecting of jobs in the territory, identifying the productive gaps in it.

For non-profit legal entities, certified copy of the public deed of constitution and of the statutes in which they have legal personality and lack of profit. The public authorities or entities are exempted from the presentation of these documents. For the purposes of this rule, it is understood by Public Administrations and entities governed by public law, the Administrations and entities referred to in Article 2 of Law 30/1992, of 26 November.

7.4 For the projects of Article 3.1.2 (promotion of entrepreneurship), 3.1.3 (experimental application of occupational training courses corresponding to Certificates of Professionalism listed in Annex I. A) and b)], 3.1.4 (implementation of experimental training actions aimed at special groups), 3.1.5 (initial level course of Information and Communication Technology for trainers) and 3.1.6 (development of projects to be developed and implemented). implementation of virtual simulators or other IT tools similar to their immediate application to occupational vocational training courses in occupations or occupations in which there has been a lack of training provision or sustained increase in the demand for skilled workers) of the present Order, to the explanatory memory of the program will be attached in addition:

Detailed economic assessment, broken down by actions and type of programme, in accordance with the specifications set out in the relevant annexes.

Original or photocopy of the supporting documentation of the legal representative of the requesting entity, to act on behalf and representation of the same.

Photocopy of the tax identification card of the requesting entity.

7.5 For projects included in Articles 3.1.2 of this Order, in addition to the above mentioned documentation, they must present:

A detailed program of the formative action where the modules to be taught and the duration and the theoretical-practical contents are included.

Detailed description of the facilities, endowments and equipment with which the center counts.

Professional Teacher Curriculum to be taught the formative action.

Evaluation system intended for the formative action that develops.

Minimum requirements for students.

Written commitment to the companies in which non-work practices are to be performed for the courses to be experienced in accordance with the provisions of Article 12 of the Order of 13 April 1994.

7.6 In respect of the projects referred to in Article 3.1.3 and 3.1.4 of this Order it will be mandatory to submit jointly with the application:

Resolution of approval with the census number of the center and code of the approved specialty, which must be before the date of submission of the application, for those courses that are experienced in the framework of the Plan FIP and application for provisional approval for the experimental courses referred to in Annex 1.

7.7 For the projects included in Article 3.1.7 of this Order, they shall be attached, in addition:

The relationship of the jobs of the company in which the system is to be applied.

Description of the functions associated with those positions.

Design of the self-training system in the job:

Agents participating in the self-training process by specifying their functions.

Planning and distribution of training time and contents.

Evaluation system to be applied.

Resource system (books, journals, notes, videos, etc.).

7.8 In accordance with Article 71.1 of Law No 30/1992 of 26 November, as amended by Law 4/1999 of 13 January, the applicant entities may be required, where appropriate, by the competent body to the instruction, in order to supplement or to remedy the mandatory requirements set out in the preceding paragraphs, within 10 working days, from the following to the receipt of the relevant notification.

Article 8. Criteria for the assessment of programmes.

8.1 In the experimental plans provided for in Article 3.1.1 and in the comprehensive training/employment plans provided for in Article 3.2 and 3.3, the accredited experience of the requesting entity shall be assessed in (i) accompanying the employment integration and improvement of the employability of jobseekers in general and particularly in respect of such actions in the field of their unit, or of groups of unemployed persons with particular difficulties in such areas; processes such as social exclusion, immigrants or the disabled. The largest investor effort of the Corporation or applicant entity in the total financing of the project, as well as the commitments they acquire in terms of labour insertion in the labour market of the applicants, will also be assessed. attend.

All projects that aim to create work activity, especially in proximity services (childcare and care for dependent persons; support for social services that tend to be affected) will be preferred. (a) collective agreements for persons at risk of social exclusion), which facilitate the geographical mobility of the unemployed and those who are integrated into territorial employment pacts.

8.2 In programmes which aim for the experimentation of courses defined in Article 3.1.3 and 3.1.4 of the Order, the following criteria shall be taken into account:

Experience of the requesting entity in training and the number of courses taught, related to the occupation requested, in the last five years.

Relation of the equipment and facilities of the training centre/s, especially for the delivery of the practical contents of the training modules.

Curriculum of teachers who will deliver the training action.

Presentation of a didactic planning of the courses to be experienced.

Written commitment to the companies in which non-work practices are to be performed for the courses to be experienced, in accordance with the provisions of Article 12 of the Order of 13 April 1994.

8.3 For the assessment of the projects included in Article 3.1.5 of this Order, the criteria referred to in Annex II (B) shall be taken into account.

8.4 Finally, for the assessment of the projects described in article 3.1.6. of this Order, it will be taken into account, in particular, that they satisfy the basic technical characteristics and the conditions for the operability of the product final, as set out in Annex III.

Article 9. Procedure for the award of grants.

9.1 The applications for subsidies regulated in this Order will be directed, within 15 working days following the publication of the same in the "Official State Gazette", to the Directorate General of the National Institute The following shall be submitted at its headquarters in the Condesa de Venadito street, number 9, 28027 Madrid, except those relating to the employment plans of Article 3.1.1, as requested by the Local Corporations, as referred to in Article 6.1.1 of this Order, which will be addressed to the INEM Provincial Directorates, corresponding to their territory.

Without prejudice to the foregoing, such requests may be submitted within the time limit set out above in the Administrative Offices and Records referred to in Article 38.4 of Law No 30/1992 of 26 November 1992. Legal of Public Administrations and of the Common Administrative Procedure, as amended by Law 4/1999 of 13 January.

Regardless of what is established in the first transitional provision of this Order, the time limit for the submission of applications, from the year 2002, the financing of which is conditional on the corresponding legal and The budget of the annual general budget of the State, the reserve of direct management by the INEM of appropriations for the promotion of employment, will be determined by Resolution of the Directorate-General of the National Employment Institute, which will be publish in the "Official State Gazette".

9.2 Once the applications submitted to the different programmes described in Article 3 of this Order have been analysed, the Director/General of the National Employment Institute will issue a resolution on the relevant application. In the case of comprehensive training/employment programmes in Article 3.2 and 3.3 of this standard, the grant award procedure shall be concluded with the signature of the relevant Partnership Convention.

In the case of the Employment Programmes described in Article 3.1.1.

of this Order and whose applicants are the Local Corporations, the competent body to resolve will be, by delegation of the competition, the Director/Provincial of the INEM corresponding to its territory.

9.3 Prior to the adoption of a resolution or the signature of the Partnership Agreement, the INEM shall request a report on the project to the Autonomous Community on whose territory the programme is to be carried out, provided that the latter has taken over the transfer of the management carried out by INEM in the field of work, employment and training. The Autonomous Community shall have a period of 10 calendar days following its receipt for the written submission of the relevant report.

9.4 For the programmes under Article 3.1 of this Order, the decision to be delivered shall indicate the applicant entity for which the grant of the grant is proposed, the amount of the grant and the specific actions of the programme for which is granted and, in any event, will be motivated.

Against these resolutions, the Minister of Labour and Social Affairs may appeal to the Minister of Labour and Social Affairs, in accordance with the procedure laid down in Articles 114 and 115 of Law No 30/1992, of 26 November, as amended by the law 4/1999, of 13 January, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

9.5 The maximum period for the resolution of the procedure for granting the grants set out in this Order shall be six months from the day following that in which the application has entered the Register. of the body responsible for processing.

In accordance with Article 42.1 of Law 30/1992 of 26 November, as amended by Law 4/1999 of 13 January, the competent body will make an express decision within that period.

After the maximum period for resolving the procedure, without any express resolution, it will be understood that the grant of the grant is out of order.

9.6 For the projects of Article 3.2 and 3.3 of this Order, the Partnership Agreement will necessarily specify:

Scope of the convention.

The overall objective of the program and the different lines of action that the beneficiary entity will develop to achieve it.

The minimum number of unemployed to attend, which will not be less than 100.

The rights and obligations of the parties to the convention, including: the quantified objectives of insertion, which in the case of the programmes in Article 3.3 may not be less than 25% of the (a) the aid granted; the co-financing effort of the collaborating entity which, in no case, may be less than 10 per 100 of the total cost of the project; this co-financing may be used to acquire the form of cash contribution to the project, financing of current expenditure or infrastructure.

The determination of financial expenses, such as the hiring of training and/or employment technicians, allowances for travel expenses and current expenses, such as electricity, electricity, leasing, etc., without such expenses Current costs may be higher than 25 per 100 of the total cost of the project.

The agreement may also include the clauses that are necessary in each case to ensure the perfect development of the agreement, as well as the control and evaluation actions to be carried out by the Public Service of Employment. To this end, a Joint Committee will be set up to monitor the five-member agreement; three on behalf of the Public Employment Service, one of which will be chaired and two on behalf of the beneficiary.

9.7 Once the decision to grant or sign the collaboration agreement has been issued, and before the action or actions in which the program has been implemented, the beneficiary entities may be brought forward, in concept In advance, 100 per 100 of the total grant approved, subject to the reliable accreditation of being in the current of its tax obligations and with the Social Security. Such accreditation shall be carried out by means of certificates issued by the State Agency of the Tax Administration and the General Treasury of Social Security, respectively, through the competent administration.

The beneficiaries of the programmes covered by Articles 3.1.1, 3.2 and 3.3, which are considered to be non-profit-making legal persons and who have been involved as promoters of programmes managed by the INEM, in one of the last three years, shall be exempt from providing, prior to the receipt of the advance referred to in the preceding paragraph, the guarantees or guarantees referred to in the Order of the Ministry of Labour and Social Security of 7 September 1994 (Official Journal of the State of 26).

For the rest of the programs covered by this Ministerial Order, the provision of guarantees or guarantees will be obligatory for all beneficiary entities.

9.8 From the date of publication of this Order in the "Official State Gazette", they will be available to the interested parties, in the General Secretariat for the Management of Occupational Training of INEM and in the Directorates Provincial INEM, the requirements concerning installations, equipment, machinery, tools and tools for the approval of the training centre which provides the drafts of the Professional Certificates referred to in Annex I, as well as the amounts established for modules A and B, for the purpose of the economic assessment of the course experimental.

Article 10. Monitoring and monitoring of the actions supported.

The actions for the verification, monitoring and technical control of the subsidised programmes shall be carried out by the National Institute of Employment, without prejudice to those of control which may be the responsibility of the Labour Inspectorate. Social security, the financial control of the General Intervention of the State Administration and the control measures provided for in the legislation of the Court of National Accounts.

The beneficiaries of the grants provided for in this Ministerial Order shall also be subject to the control actions carried out by the bodies of the European Union (Commission and European Court of Auditors, where appropriate), reason for the co-financing of the European Social Fund.

Article 11. Justification and final settlement of the grants.

11.1 The documentary justification for the expenditure must be made by the beneficiary within one month, from the end of the subsidised programme. Next, the National Institute of Employment

shall proceed to the final settlement of the grant, without prejudice to Article 12, specifically in paragraph 2.

11.2 In addition to this justification, the beneficiary institution must submit to the National Employment Institute a final report on activities, in which case a detailed description of the implementation of the the programme, of the groups attended and the identification of the persons served and/or inserted in the labour market, of the products developed and of their applicability to different areas of the occupational training.

Article 12. Recovery of the grants.

12.1 The total or partial reimbursement, as the case may be, of the grants received by the collaborating entities and the requirement of the corresponding delay interest from the time the funds were paid in the following cases assumptions:

Get the help without meeting the required conditions for it.

Failure of the purpose for which they were granted.

Failure to comply with the obligation to justify the performance of the activity or not to do so in due form.

Hinder follow-up and control actions by institutions empowered for the same and non-compliance with data reporting obligations.

Not to inform the National Employment Institute about obtaining aid or public subsidies for the same purpose, whether they are of national, community or international origin.

Any other non-compliance with the conditions and requirements set forth in this Order, in the grant resolution of the grant or in the collaboration agreement.

12.2 Within six months of the end of the planned implementation of the comprehensive training/employment programmes in Article 3.2 and 3.3, the INEM shall, if it is not brought to the attention of the Member State concerned, verify that the time by the local entity or corporation that would benefit from the grant, if the level of labour insertion corresponds to what is credited in the grant settlement, in the terms set out in the collaboration agreement, requiring, in case contrary, the proportional refund of the subsidy unduly received.

12.3 The procedure for the reimbursement of the subsidy, in the cases provided for in the previous paragraph, will be that laid down in the Order of the Ministry of Labour and Social Security of 1 September 1995, for which the the procedures for the recovery of the amounts unduly paid in respect of grants or public aid from the National Employment Institute ("Official State Gazette" of 4 October), as well as in the resolution of 20 March 1996, of the National Employment Institute ("Official State Gazette" of 11 April and correction of errors of May 3), issued in the development of the said Order.

Additional disposition.

The rules governing the training programmes, currently in force, as referred to in this Order, are the following:

Royal Decree 631/1993 of 3 May ("Official State Gazette" of 4), which regulates the National Plan of Vocational Training and Insertion.

Order of the Ministry of Labour and Social Security of 13 April 1994 ("Official State Gazette" of 28), which lays down detailed rules for the development of Royal Decree 631/1993 of 3 May 1993, as amended by the Work Orders and Social security of 20 September 1995 (Official Journal of the State of 14 October 1994) and of Labour and Social Affairs of 14 October 1998 (Official Gazette of the State of 26).

First transient disposition.

One. The programmes under Article 3.1, 3.2 and 3.3 shall be financed from the budgetary implementation of the financial year 2001: 19.101.324-A. 482 of the expenditure budget of the National Employment Institute, except for the experimental plans provided for in the 3.1.1 of this Ministerial Order to be financed from the budget implementation of the financial year 2001: 19.101.322-A. 481 of the expenditure budget of the National Employment Institute.

The financing, which corresponds to future exercises, will be subject to the credits that are authorized in the annual State Budget Law, as a direct management reserve in favor of the National Employment Institute. the costs of the programmes referred to in the preceding paragraph are to be charged.

Two. Applications submitted on the basis of the publication in the "Official Gazette of the State" of this Order, in accordance with the first paragraph of Article 9.1, on which no decision is made in respect of the remainder of the financial year 2001, if they are technically valued as viable, applying the criteria set out in this Order, shall be settled in the financial year 2002, under the condition of financing, as referred to in the second subparagraph of paragraph 1.

Second transient disposition.

One. The plans referred to in Article 3 of this Standard, financed from the budget for the financial year 2001, may be implemented until 31 October 2002.

Two. As regards the training measures, which are not supported under this Order, but financed from the reserve provided for in the additional twenty-third provision, points (a) and (c) of Law 13/2000 of 28 December 2000, the General State budgets for the year 2001, may be implemented until 31 July 2002, and the National Employment Institute will be able to anticipate 100 per 100 of the grant to be approved.

Three. The implementation of the experimental programmes covered by the Order of the Ministry of Labour and Social Affairs of 2 November 2000 ("Official State Gazette" of 22) may be completed by 31 October 2001.

Final disposition first.

One. The Directorate-General of the National Employment Institute is empowered to update the amounts set out in Article 4 of this Order, by means of a Resolution to be published in the "Official State Gazette".

Two. The Director/General of the National Institute of Employment is hereby authorized to issue any instructions and resolutions for the development and execution of this Order.

Final disposition second.

This provision will enter into force on the day following your publication in the "Official State Gazette".

Madrid, 30 October 2001.

APARICIO PEREZ

ANNEX I

(VIEW IMAGES PAGES 42155 TO 42157)

A) Certificates of professionalism published in "Official State Gazette"

Agricultural Sector

Professional family: Agrarian

Occupancy Code Hours

AAOJ50EXP Gardener (Royal Decree 2031/1996 of 6 September). 530 AAHC10EXP Horticultor (Royal Decree 2004/1996 of 6 September)........................................................... 550 AAFR10EXP Fruticultor (Royal Decree 2032/1996 of 6 September 1996).................................................................... 620

Construction Sector

Professional Family: Building and Public Works

EOES10EXP Encofrador (Royal Decree 2007/1996 of 6 September)................................................. 800 EOAL50EXP Escayolista (Royal Decree 2013/1996 of 6 September 1996)................................................... 880 EOCP10EXP Cantero (Royal Decree 2011/1996 of 6 September). 1,150

Industry Industry

Professional family: Craft

ARCR10EXP Alfarero-Ceramista (Royal Decree 343/1998 of 6 March).................................................... 725 ARTX10EXP Manual telar fabric (Royal Decree 342/1998, 6 March)............................................................... 760

Occupancy Code Hours

Professional Family: Automotive

AUCV10EXP Chapista vehicle painter (Royal Decree 544/1997, 14 April).......................................................................... 750 AURS40EXP Electrice-electronic vehicle (Royal Decree 545/1997 of 14 April 1997)........................................................ 675 AURS10EXP Mechanical light vehicles (Royal Decree 541/1997 of 14 April 1997)........................................... 850

Professional Family: Food Industries

IACN10EXP Maker of preserved fishery products (Royal Decree 2022/1996 of 6 September 1996)........................... 600 IAIL20EXP Cheese maker (Royal Decree 1997/1996, 6 September)....................................................................... 475 IAIC30EXP Meat product maker (Royal Decree 2019/1996, 6 September)............................ 710 IAIC20EXP Carnicero (Royal Decree 2020/1996 of 6 September). 640

Professional Family: Manufacturing Electrical Equipment Manufacturing

FEMI60EXP Preparation-machine programmer tools with CNC: (Royal Decree 2066/1995, 22 December)...................................................................................................... 1100

Professional Family: Graphic Industries

IGED30EXP Grafista-machetist (Royal Decree 348/98, of 6 March)......................................................................................... 620 IGIM30EXP Printer offset in sheets (Royal Decree 347/1998, 6 March)............................................... 620

Professional Family: Wood and Corcho Industries

MDFC50EXP Barnizador-Lacador (Royal Decree 2568/1996, 13 December).............................................................................. 450 MDFC30EXP Wood and board mechanisms (Royal Decree 2565/1996 of 13 December 1996)........................... 700 MDFC40EXP Operator and assembly of carpentry and furniture (Royal Decree 2569/1996, of 13 December)... 345 MDFC60EXP Furniture Tapicero (Royal Decree 2564/1996 of 13 December 1996)........................................................ 450 MDFS40EXP Ebanista (Royal Decree 2566/1996, of 13 December)... 800

Professional Family: Heavy Industry and Metal Constructions

IPCM10EXP Industrial Calderer (Royal Decree 83/1997, 24 January)............................................... 950 IPCM30EXP Carpall or metal and PVC (Royal Decree 85/1997, 24 January)................................................................................ 1150 IPCM40EXP Metal structures (Royal Decree 86/1997, 24 January)............................................ 790

Professional Family: Chemical Industries

IQQB10EXP Chemical plant operator (Royal Decree 1392/1995, of 4 August)............................................................ 600 IQPC10EXP Plastic and rubber processing operator (Royal Decree 2198/1995 of 28 December 1995)............................................. 600

Professional Family: Textile, Skin and Leather Industries

ITCL10EXP Footwear (Royal Decree 2574/1996 of 13 December 1996)............................................... 730 ITCL20EXP Leather cutter, ante and Napa (Royal Decree 2575/1996, of 13 December 1996)......................................... 330

Professional Family: Maintenance and Repair

MRMI10EXP Maintenance Mechanics (Royal Decree 338/1997, of 7 March)............................................................................ 1065 MREE10EXP Maintenance Electricist (Royal Decree 336/1997 of 7 March 1997)............................................................................ 690 Occupancy Code Hours

MRMI20EXP Maintenance Electromechanical (Royal Decree 334/1997, 7 March)..................................... 1090 MREL10EXP Electronic maintenance (Royal Decree 333/1997 of 7 March............................................................................... 980

Professional Family: Assembly and Installation

MOEE10EXP Electrical buildings (Royal Decree 940/1997 of 20 June 1997)............................................................................ 870 MOEL20EXP Installer of equipment and communication systems (Royal Decree 943/1997 of 20 June 1997)....................... 690

Professional Family: Energy and Water Production, Transformation and Distribution

PTTA20EXP Water treatment plant operation (Royal Decree 405/1997, 21 March)....................................... 350 PTTA30EXP Water distribution system operator (Royal Decree 410/1997 of 21 March 1997)................................ 460 PTTG30EXP Operary for gas distribution systems (Royal Decree 409/1997 of 21 March 1997)................................. 950 PTER10EXP Installer of small-power photovoltaic and wind systems (Royal Decree 2224/1998 of 16 October 1998)......................................... 330 PTER20EXP Installer of solar thermal energy systems (Royal Decree 2223/1998 of 16 October 1998)................... 330

Services Sector

Professional Family: Commerce

CCDG10EXP Small Business Manager (Royal Decree 1995/1995, of 7 December 1995)..................................................................... 720 CCVT20EXP Commercial agent (Royal Decree 330/1999, of 26 February)................................................................. 435

Professional Family: Artistic Information and Demonstrations

IMIS30EXP Image monter editor (Royal Decree 945/1997, of June 20)..................................................................... 540 IMIS80EXP Chamber operator (Royal Decree 944/1997 of 20 June 1997)....................................................... 565 IMIS40EXP Technical sound (Royal Decree 946/97 of 20 June 1997)................................................................................... 665 IMIS50EXP Technical audiovisual equipment (Royal Decree 947/1997 of 20 June 1997)............................................ 525 IMIS70EXP Photographer (Royal Decree 948/97 of 20 June 1997)..... 790

Professional Family: Insurance and Finance

SFFN10EXP Administrative of financial institutions (Royal Decree 2025/1996 of 6 September 1996)................................... 475 SFFN60EXP Company financial management employee (Royal Decree 2026/1996, 6 September)............................................... 470

Professional Family: Community and Personal Services

SPAR10EXP Operator of sewage treatment plants (Royal Decree 330/1997 of 7 March)................................. 400

Professional Family: Business Services

EMLM10EXP Real Estate Cleaning Expert (Royal Decree 1596/1997 of 17 October 1997)............................... 150

Professional family: Tourism and Hostels

THAL10EXP Hotel receptionist (Royal Decree 305/1996, of 23 February)................................................ 670 THAL20EXP Governor/hotel (Royal Decree 2025/1996 of 6 September 1996)............................................................................... 605 THAL30EXP Floor waitress (Royal Decree 303/1996 of 23 February 1996)...................................................... 335 THRS40EXP Restaurant-Bar-Bar (Royal Decree 302/1996, 23 February)....................................................................... 820

B) Professional certificate drafts pending publication in the "Official State Gazette"

Occupancy Code Hours

Agricultural Sector

Professional family: Agrarian

AAFR20EXP Viticultor.............................................. 475 AAFR30EXP Olivicultor..................................................... 475

Industry Industry

Professional family: Craft

ARPC30EXP Zapatero craftsman..................................... 715 ARMT20EXP Artesan artistic cerrajero................................. 565

Professional Family: Food Industries

IAIC10EXP Matarife............................................. 320 IAAD60EXP Pescadero............................................... 525

Professional Family: Wood and Corcho Industries

MDFC20EXP Wood and board cutting operator............ 375

Professional Family: Chemical Industries

IQIP10EXP Paper and cardboard manufacturing operator............ 385 IQIP30EXP Pulp manufacturing operator (1)........................... 385

Services Sector

Professional Family: Healthcare

SAXX10EXP Healthcare transport technician (1)..................... 385

Professional Family: Community and Personal Services

SPSD10EXP Household employment............................................ 410 SPXX10EXP Technical aid for road traffic and road safety (1)........ 410

Professional family: Transportation and Communications

TCTC10EXP Transport scheduling agent.................. 455

(1) The entities applying for the experimentation of the courses corresponding to these four drafts of the xertified of professionalism, must join the application for grant, the application for approval of the center The relevant training, the requirements relating to facilities, equipment, tools and tools, should be requested in the General Administration of Occupational Training, INEM, as well as the amounts established for modules A and B, for the purpose of the economic valuation of the experimental course.

ANNEX II

Partitioning a course of initiation to "Information and communication technologies" for the training of occupational trainers

A) Objective and features

The objective is to provide an initiation course for the "Information and Communication Technologies", for the training of approximately 3,000 students, until 31 December 2002.

The course will consist of six modules, each of which will have a duration of twenty hours and whose learning content will be as follows:

1. Introduction to Informatics and Computers.

2. Internet.

3. Treatment of texts.

4. Spreadsheet.

5. Database.

6. Presentations.

In all of these, their application to occupational training will be treated.

Modules 1 and 2 will be performed at the beginning of the course in a mandatory manner. The learning order can be chosen in the following.

It will be imparted entirely over the Internet, for a Windows 98 Operating System, in the Microsoft Office environment, and via Internet Explorer.

It will be a necessary requirement for participants in this course who are or have been, in the last five years, trainers of Occupational Training (teachers of the Plan FIP, of the programs of Escuela-Taller, Houses of Trades and Employment workshops).

B) Specific criteria for selecting these projects

Experience of the requesting entity in the elaboration and delivery of the courses specified in Article 3.1.6 of this Order by the Internet

Technical and administrative organization, sufficiently contrasted, for the management, delivery and evaluation of these courses.

Simultaneous control and monitoring of the total number of students who follow the different modules of the course.

Presentation of a prototype that exemplifies course performance (DEMO).

Presentation of a Course Didactic Guide.

Total project cost.

ANNEX III

Conditions to be met by projects that are described

in article 3.1.6

1. Basic technical characteristics

The project should consist of the planning, construction and commissioning of a prototype of a virtual simulator or similar computing tool, which can be immediately allocated to the module training of the itinerary of an occupational training course, and in particular of a course of a Certificate of Professionalism.

In the technical memory the goal/s to be achieved, the technical team that will develop the project with specification of its functions, the plan of work unbundled by dates and specific areas, the components of the final prototype ("software", "hardware" and material, equipment and equipment required for the final product to be operational).

Also, it should include the period of time needed to project and perform the prototype, clarifying if this time period exceeds the time limit set in the call, the approximate cost of the project, disaggregating the different components that integrate it.

2. Eligible expenditure

From the project cost set the INEM would subsidise the following and the maximum ratio indicated:

Direct personnel costs (the total amount).

Indirect costs (25 per 100 of direct costs).

Costs of external collaborations (25 per 100 of your total amount).

Participation in the costs of equipment necessary for the construction and operation of the prototype (20 per 100 of the total cost of this item).

3. End product operability

At the end of the deadline set for the completion of the project, the subsidised entity will deliver the fully operational prototype (with the "software", "hardware" and equipment and equipment necessary for its operation).

Among the products to be delivered will be included instruction manuals for the handling of the prototype, as well as documentation concerning the didactic methodology employed and the content of the training that can be imparted with the Reference computer tool or simulator.

A draft operating agreement of the prototype will also be accompanied, to be signed between the entity and the INEM, which must include the following points:

1. Commitment of the entity to take charge of the installation and maintenance of the prototype, in the place that is established by common agreement.

2. Determination of the percentage of use of the prototype by the INEM, in order to meet its objectives of training and evaluation, if any, which will never be less than 40 per 100 of the usable time.

3. Commitment of the entity to train INEM technicians in the management of the prototype in its functions as a means of training.

Establishment of the right of INEM to the acquisition, if any, of new units of the prototype, at the "cost price" of the prototype, and that the subsidised entity will provide these fully operational units, with the commitment in addition, by the same, to be in charge of the installation and maintenance operations of the aforementioned units.

ANNEX IV

(VIEW IMAGES PAGES 42158 TO 42160)

Economic calculation of the maximum expected costs for the training actions referred to in Article 3.1.4.

Cost Calculation Concepts

1. Course of the FIP Plan. Cost: (Module A + Module B) ^ number of hours ^ number of pupils.

Increased the resulting amount by 20 per 100 as an experimental action.

2. Partition of the specific modules (adaptation or extension).

Cost: (Module A + Module B) of the course of the reference FIP Plan ^ number of hours (1) ^ number of pupils.

Total Cost = Sum of the cost of both concepts.

(1) The number of hours of the total of the specific modules will in no case exceed 100.

ANNEX V