Order Hap/1808/2014, Of 29 September, Which Set Forth The Regulatory Bases For Granting Subsidies To The Trade Unions Present In The Tables General Of Negotiation Of The Law 7/2007, Of 12 April, By Which S...

Original Language Title: Orden HAP/1808/2014, de 29 de septiembre, por la que se establecen las bases reguladoras para la concesión de subvenciones a las organizaciones sindicales presentes en las Mesas Generales de Negociación de la Ley 7/2007, de 12 de abril, por la que s...

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The laws of the State budget are contemplating specific budgetary allocations to subsidize the activities developed by the trade unions in order to create the framework and conditions necessary to make effective the exercise of the right to collective bargaining.

Article 31 of law 7/2007, of 12 April, which approves the Basic Statute of the public employee, enshrines the right of public servants to collective bargaining, representation and institutional participation for the determination of their working conditions. The exercise of these collective rights takes place through the trade union organizations which, in the case of the working conditions of public employees collective bargaining, is relying on the representative capacity accorded to them by articles 6 and 7 of the organic law 11/1985, of 2 August on freedom of Association.

In development of these collective rights, article 34.1 of the Basic Statute of the public employee regulates the table General of negotiation of the General Administration of the State for matters affecting the personal officer, article 36.1 refers to table General negotiation of the administrations public, presided over by the General Administration of the State, has as object the negotiation of all matters contained in article 37 of the EBEP and which are subject to Regulation State as a matter of basic principle. For its part, article 36.3 of the Basic Statute of the public employee regulates the General negotiation table of staff officer, statutory and labour, that allows the negotiation of joint working conditions affecting all public employees of the General Administration of the State.

Sectoral standards already existing in the system subsidy legal Spanish containing inspirational precepts of an outstanding level of transparency has come to join the Law 19/2013, 9 December, transparency, access to public information and good governance, which has applied, in addition to other subjects within its scope come to certain entities which, by its special public importance or its status as recipients of public funds, forced to strengthen the transparency of its activity, in order to achieve public authorities and other bodies to fit his performances to the principles of efficiency, austerity and impartiality that should inspire the administrative action and allowing you to make compatible the growing importance of policies of subsidies with the current orientation of the budgetary policy.

As a result, necessary measures that improve the instruments and existing administrative procedures, so that to ensure a proper management and effective control of subsidies, it becomes necessary to develop a ministerial order that incorporates in its articles the precepts established in a more precise way the relationship of costs that can be considered eligible for this purpose. Such an order must be developed in accordance with the provisions of article 9 of law 38/2003 of 17 November, General grant and the regulation of the Act General grants approved by Royal Decree 887/2006, of 21 July. Article 17.1 of the Act has the relevant Ministers to establish the appropriate regulatory bases of the granting of subsidies. They have collected reports of the law of the State and the intervention delegate of the intervention General of the administration of the State Department.

By virtue have: article 1. Purpose and object.

Regulated by this order grants are designed to encourage collective bargaining and Trade Union participation in the General Administration of the State, as laid down in article 37 of the Spanish Constitution and article 15 of the law 7/2007, of 12 April of the Basic Statute of the public employee.

For the fulfillment of the provisions contained in the preceding paragraph this order is to establish the regulatory bases for granting of subsidies to finance the expenditures annually performing trade union organizations in the implementation of activities that are directly linked with the exercise of functions arising from their presence in the General negotiation tables that were formed : Table General of negotiation of the General Administration of the State for matters relating to civil servants in general public administrations or bargaining in the table General of negotiation of the General Administration of the state regulated in articles 34.1, 36.1, and 36.3 of chapter IV of title III of the law 7/2007 of 12 April, which approves the Basic Statute of the public employee.

Article 2. Beneficiaries.

They may be beneficiaries of subsidies which are regulated in the present order trade union organisations constituted in accordance with the organic law 11/1985, 2 of August, on freedom of Association, which have obtained representation enough elections to bodies representing staff, staff delegates, staff boards and committees of company, throughout the public administration and the General Administration of the State which derive their presence in the General negotiation tables referred to in article 1 of this ministerial order.

Article 3. Activities financed.

The trade unions referred to in article 2 of this order may apply for aid to finance the costs arising from the implementation of the activities related to the exercise of their functions in the following terms: 1. are considered eligible expenses the collected expressly in the following section, provided that they respond to the nature of the subsidized activity and meet the requirements of articles 31 of Act No. 38/2003 , 17 November, and 83 of regulation of the Act General grants approved by Royal Decree 887/2006, of 21 July.

2. shall be considered eligible expenditure subsidies regulated by this order, those considered as direct and indirect in this article.

2.1 direct expenses. You will understand as direct costs those linked directly to the negotiating activity of trade union organizations referred to in article 1 of this order, which financed the realization of such activity.

They are considered the following eligible direct costs:-expenses connected with the holding of meetings, conferences, seminars, courses, etc., on matters subject to negotiation during the exercise in any of the tables referred to in article 1 of this order or technical commissions derived from the same.

-Accommodation expenses, maintenance and displacement of those participating in the development of activities related to the negotiation, provided that they have not been subject to compensation by the Administration for other concepts. In any case, eligible expenditure for travel, accommodation and Board will, in General, as the daily maximum limit, the amounts laid down in Royal Decree 462/2002, of 24 may, on compensation by reason of service for Group 2.

-Costs of publication and distribution of informative material related to negotiating activity.

-Costs incurred by the acquisition of means and materials directly related to the development of the activities of the negotiating texts, consumables and other elements such as the provision of technical support, computer, of reproduction and communication.

-Expenditure arising out of the drafting of documents, studies, reports and papers directly related to negotiating activity.

-Costs of services with third parties, such as lawyers, tax, accounting or legal advisors, or administrative personnel to support the management and implementation of programmes or actions contained in the explanatory memorandum, which are directly related to the activity of negotiating and are indispensable for the adequate preparation or execution of the same.

2.2 overhead: shall be read by the own performance overhead regulate trade union organization awarded, which serve as a support to make possible the execution of the activities that has assigned.

Indirect costs eligible, attributable to the performance of trade union activities, the following are considered:-costs of expendable office supplies.

-Costs of supply, service and maintenance of computer support material.

-Reprography, messaging, telephony and communication costs.

-The costs of rental of premises.

-Expenses for acquisition and subscription to publications.

Eligible indirect costs shall not exceed, as a whole, the maximum limit of twelve per cent of the amount of subsidy granted, without it being accurate documentary justification.

The indirect costs of the grants will be credited through responsible Declaration signed by the legal representative of the trade union organization, which will describe the types of costs included and the amounts allocated to each of them. Calls for proposals may provide for lower percentages or even not to contemplate the funding of indirect costs, with respect to certain lines of financing, pursuant to its purpose.

Article 4. Granting procedure.
In accordance with the provisions of article 22.1 of law 38/2003 of 17 November, and article 55 of the regulation of the Act General of subsidies approved by Royal Decree 887/2006, of July 21, the procedure for granting of these subsidies will be processed on a competitive basis, regulated in articles 23 to 27 of the law 38/2003 , 17 November, and 58 to 64 of the regulation of the General Law of subsidies.

1 initiation of the procedure the procedure for the granting of subsidies will begin using the corresponding call of the Ministry of public administrations, and will necessarily have the following content: to) mention of this ministerial order which establishes the regulatory basis for awarding grants trade unions present in the General negotiation tables in which participates the General Administration of the State as instrumental support to their participation in the same, as well as of the official journal in which it is published.

b) budgetary allocations that alleged subsidy, and claims total maximum grants convened within the appropriations available or, in their absence, amount estimated subsidies.

(c) object, terms and purpose of the grant of the subsidy.

(d) an expression that the concession occurs through the competitive regime.

(e) requirements to apply for the subsidy and form prove them.

(f) indication of the competent bodies for the statement and resolution of the procedure.

(g) deadline for submission of applications, they shall apply the provisions contained in paragraph 3 of article 23 of the law 38/2003 of 17 November, General subsidies.

(h) resolution and notification delivery.

(i) documents and information that must accompany the request.

(j) indication of whether the resolution puts an end to the administrative procedure and, if not, organ that has appeal of appeal.

(k) criteria for assessment of applications.

(l) means of notification or publication, in accordance with the provisions of article 59 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

2 filing the Union organizations who choose to grant must submit their applications pursuant to paragraph fourth of article 38 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, aimed at the General direction of the public function, and may make such presentation by electronic means in accordance with the provisions of law 11/2007 , 22 June, electronic access of citizens to public services.

These requests are formalized in the model that establishes the call, to which must be accompanied: to) an explanatory memorandum of each programme or action for those who apply for subsidy, executed or run during the calendar year of the corresponding call that reflects, at least, the following: name of the program or action.

Description and purposes of the program.

Objectives expected.

Activities that include the programme and duration of the same.

Detailed budget of income/expenditure of each programme or action.

Entitled to grant trade union organizations must submit the application on behalf of the candidacy which obtained representatives in the elections to bodies of representation in the indicated field.

(b) the following documents, which must be originals or certified photocopies: a. Trade Union tax identification card.

b. data identification and authorization for verification, the person signing the request or, in case of not to give its consent, a photocopy of the national identity document.

Power of Attorney c. attesting to the applicant's ability to act on behalf of the trade union organization.

d. accreditation certificate of the fulfilment of tax obligations and Social Security.

e responsible for Declaration on compliance with obligations by reinstatement of subsidies.

f accreditation, in the terms laid down in article 13 of law 38/2003 of 17 November, General of subsidies not be bankrupt in bans for status of beneficiary referred to in paragraphs 2 and 3 of the aforementioned article.

The documentation referred to in this subsection must accompany the request unless the required documents were already in possession of the corresponding administration, in which case applicants shall benefit from the provisions of article 35.f) of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

3. deadline for submission deadline will be one month, counted from the day following the publication in the "Official Gazette" of the corresponding annual call, except that in the aforementioned call that deadline is changed.

4 correction of errors if the requests for funding submitted do not meet the requirements will be required to the beneficiary so that in the period of ten working days it remedy the lack or attach the required documents, and in the case that will not be such remedy shall be withdrawn your request, previous resolution that will dictate as set out in article 71 of the law 30/1992 26 November, legal regime of public administrations and common administrative procedure.

5 instruction and motion for a resolution the body competent to instruct the procedure is the General Directorate of the civil service, who will perform nursing actions it deems necessary to determine knowledge and verification of the data which must formulate the motion for a resolution, pursuant to article 24.2 of the law 38/2003 , 17 November, General grant.

The assessment Committee shall be attached to the Directorate-General of the public function and its operation will be dealt with the technical and budgetary personal media organ of attachment, adjusting its operation to the provisions contained in chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure. This Committee shall meet within the deadlines set out in the relevant calls.

Once evaluated the applications, the Commission's assessment must ask organ instructor its proposal for a concession which is concrete the results of the evaluation carried out. This proposal, as set out in paragraph 4 of article 24 of law 38/2003 of 17 November, should express the relationship of beneficiaries for which proposes the granting of the subsidy and the amount.

The assessment Committee will be composed as follows: President: the titular person of the General direction of the public function.

Vice President: The titular person of the Subdirectorate-General for industrial relations.

Members:-the titular person of the Deputy General Subdirectorate of labour relations.

-The holder person of the Division of consulting, advice and assistance of human resources.

Secretary: A person with a level of Service Manager or higher within the Subdirectorate-General for industrial relations.

The General direction of the public function will raise its motion for a resolution, in the period laid down in the corresponding call to the body competent to resolve.

Grant-making record will contain the report of the body instructor stating that information that works in its possession shows that beneficiaries meet all the requirements for access to them.

6. resolution the competent body for the resolution of the procedure is the Secretary of State for public administrations.

The body competent to resolve, within a maximum period of 15 working days from the date of lifting of the motion for a resolution, signed by the corresponding reasoned ruling of subsidies, notifying the applicant organizations the scope and amount of the grant or, in his case, his refusal in accordance with article 63 of the regulation of the Act General of subsidies approved by Royal Decree 887/2006 , 21 July.

The subsidies will be published in the «Official Gazette», in the terms and with the scope provided in article 18 of law 38/2003 of 17 November, General subsidies.

7 resources this resolution will put an end to the administrative procedure, and can therefore stand optional reset appeal or contentious-administrative appeal courts that apply.

The deadline to resolve and to notify the resolution of this procedure shall be six months. Expiry of that period without having notified the resolution to stakeholders, they will understand rejected the request for the grant of the subsidy.

8 obligations of the beneficiaries are obligations of the beneficiaries the General set out in article 14 of law 38/2003 of 17 November, and in particular, the following: to) accredit previously enacted resolution of granting that are aware of their tax obligations and against Social Security pursuant to article 14.1. e) of Act No. 38/2003 , 17 November.
(b) carry out the activity for which they are granted the grant within the time limit set in this call.

(c) prove to the General direction of the public function the carrying out of the activity, as well as the fulfilment of the requirements for the granting or enjoy subsidies.

(d) subject to verification activities carried out by the Directorate-General of the public function and the financial control that correspond to the General intervention of the administration of the State and those provided for in the law of the Court of Auditors.

(e) inform the Directorate-General of the public function obtain other grants, aid, income or resources that finance the subsidised activities. This communication shall be made as soon as it is known, and in any case, prior to the application given to the collected funds.

(f) be included, in the terms that establish the calls, the public nature of the financing of the subsidised activity, as provided for in article 31 of the regulations of the Act General of subsidies approved by Royal Decree 887/2006, of 21 July.

Article 5. Endowment and amount of subsidies.

The total amount of the subsidy shall be the boundaries of the provision contained in the budget of the Ministry of finance and public administration of the corresponding year.

Article 6. Objective criteria of granting and weighted them.

The individual amount of subsidies will be determined by distributing all of the budgetary credit, in equal parts, between the tables General of negotiation defined in article 1 of this ministerial order that were constituted on the date of publication of this ministerial order and within each table, between the trade union organizations, in proportion to the number of computed representatives to determine their presence in these joining delegates from staff, Board members of staff and business committees of the whole of public administrations and of the General Administration of the State. This distribution will be done after each one of them the perception of a fixed amount that ensures the fulfilment of the purposes of subsidies provided for in this order, and the amount may not exceed 25 per cent of the total of the annual budgeted grant.

Article 7. Payment of the subsidy.

The payment of the subsidy shall be made only once in favour of the applicants resulting from the resolution of the announcement of grants beneficiaries. The possibility of making advance payments prior to the justification to carry out the activities inherent to the grant will fit.

Given the legal status of the beneficiary entities subsidies defined in article 2 of the present conditions, in accordance with in article 42 of the rules of law General of subsidies approved by Royal Decree 887/2006, of July 21, they will be exempt from the lodging of security.

The payment of the subsidies may not be as long as the beneficiary not been aware in compliance with its tax obligations and against Social security or debtor by resolution of origin of reinstatement.

Article 8. Justification of subsidies.

The recipient trade union organizations must justify the concrete fate of perceived quantities, which shall conform to those activities whose costs are related in the report referred to in article 4(2) and article 3 of this order. to) it. Such a justification will be made by the elaboration of a report justifying of activities and direct costs incurred which will join originals or certified copies of invoices, evidence of payment and other documents of equivalent probative value valid in legal commercial or traffic with administrative efficiency (article 30.3 of law 38/2003) up to the amount of the obtained grant. The justification will be until March 31 of the year following the award.

The indirect costs of the grants will be credited through responsible Declaration signed by the legal representative of the trade union organization, which will describe the types of costs included and the amounts allocated to each of them.

Article 9. Modification of award resolution.

Any circumstance that alters the essential conditions taken into account for the granting of the subsidy, provided that they are sufficiently motivated, may give rise to the amendment of the resolution of granting.

Article 10. Compatibility.

Subsidies granted under the protection of this order will be compatible with other grants, subsidies, income or resources for the same purpose, of any administration or entities public or private, national, EU or international bodies, without prejudice to the provisions of article 19.3 of the law 38/2003 of 17 November.

Article 11. Liability.

Trade unions recipient of grants shall be subject to the liability regime provided for in title IV of law 38/2003 of 17 November and in title IV of regulation of law General of subsidies approved by Royal Decree 887/2006, of July 21, as well as the provisions of title IX of the law 30/1992 26 November, legal regime of public administrations and common administrative procedure and its implementing regulations.

Article 12. Reinstatement.

Shall be the reimbursement of the sums received in concept of subsidies as well as the requirement of interest on arrears in the cases and in accordance with the procedure laid down in article 37 of law 38/2003 of 17 November, and title III of the regulation of the Act General of subsidies approved by Royal Decree 887/2006 , 21 July. In any case be refunded all of the grant perceived on the assumption that the granted amount shall not apply to the purposes for which it was granted.

Sole repeal provision. Repeal legislation.

The HAP/2330 order is repealed/2012, 19 October (BOE number 262, of 31 of October), which determines the regulatory bases of grant-making trade unions present in the General negotiation tables in which participates the General Administration of the State, as instrumental support to their participation therein.

First final provision. Skill-related title.

This order is issued on the basis of provisions of article 149.1.18. ª of the Constitution.

Second final provision. Suppletive law.

In matters not provided for in the present order shall apply as supplementary provisions in the law 38/2003, 17 November, General grant, as well as in the regulation of the Act General grants approved by Royal Decree 887/2006, of July 21, and the remaining rules of administrative law.

Third final provision. Entry into force.

This order shall enter into force the day following its publication in the "Official Gazette".

Madrid, 29 September 2014.-the Minister of finance and public administration, Cristóbal Montoro Romero.