The General Budget Laws of the State are considering specific budgetary allocations to subsidise the activities carried out by the trade union organisations in order to create the framework and conditions. necessary for the exercise of the right to collective bargaining to be effective.

Article 31 of Law 7/2007, of 12 April, approving the Basic Staff Regulations, enshrines the right of public employees to collective bargaining, representation and institutional participation for the determination of their working conditions. The exercise of these collective rights is carried out through the trade union organizations which, in the case of collective bargaining of the working conditions of the public employees, is made to depend on the representative capacity that They are recognized by Articles 6 and 7 of the Organic Law 11/1985, of 2 August, of Freedom of Association.

In the development of these collective rights, Article 34.1 of the Basic Staff Regulations regulates the General Administration of the State Administration for the matters affecting the official staff, Article 36.1 refers to the General Administration of Negotiation of Public Administrations, which, presided over by the General Administration of the State, has as its object the negotiation of all those matters included in Article 37 of the EBEP and which are subject to state regulation as a basic rule. For its part, Article 36.3 of the Basic Staff Regulations regulates the General Table for the Negotiation of Official, Statutory and Labor Personnel, which allows for the joint negotiation of the working conditions affecting all public employees of the General Administration of the State.

To the sectoral rules on subsidies already existing in the Spanish legal order containing precepts inspiring of a high level of transparency has come to be added the Law 19/2013, of 9 December, transparency, access to public information and good governance, which should be applied, in addition to other subjects falling within its scope, to certain entities which, for their particular public relevance or their status as recipients of public funds, will be obliged to strengthen the transparency of their activities, all in to ensure that the public authorities and other entities adjust their actions to the principles of effectiveness, austerity and impartiality which must inspire administrative action and which will make it compatible with the growing importance of the policies of grants with the current orientation of budgetary policy.

Consequently, measures need to be taken to improve existing administrative instruments and procedures so as to ensure proper management and effective control of subsidies, in order to ensure that the lay down a ministerial order incorporating in its Articles the provisions laying down in a more precise manner the ratio of expenditure which may be considered eligible for such purposes. This Order has to be established in accordance with the provisions of Article 9 of Law 38/2003 of 17 November, General of Grants and the Regulation of the General Law of Grants approved by Royal Decree 887/2006 of 21 July. Article 17 (1) of the Law provides that the relevant Ministers shall establish the appropriate regulatory basis for the award of grants. The reports of the State Advocate and the Delegation of the General Intervention of the State Administration in the Department have been obtained.

In your virtue I have:

Article 1. Purpose and object.

The subsidies regulated in this order are intended to encourage collective bargaining and union participation in the General Administration of the State, as provided for in Article 37 of the Constitution. Spanish and in article 15 of Law 7/2007, of 12 April of the Basic Staff Regulations.

In order to comply with the provisions of the previous paragraph, this Order is intended to establish the regulatory basis for the granting of grants for the financing of the costs incurred by the annually the trade union organizations in the execution of activities that are directly related to the exercise of functions that are derived from their presence in the General Negotiating Tables that are constituted: General Table of Negotiation of the General Administration of the State for matters affecting the public officials, at the General Administration of Negotiation of Public Administrations or at the General Administration of Negotiation of the General Administration of the State governed by Articles 34.1, 36.1, and 36.3 of Chapter IV of Title III of the Law 7/2007, of 12 April, approving the Basic Staff Regulations.

Article 2. Beneficiaries.

May be beneficiaries of the grants that are regulated in this order by the trade union organizations formed in accordance with the provisions of the Organic Law 11/1985 of 2 August, of Freedom of Association, which have obtained sufficient representation in the elections to bodies representing the staff, Staff Delegates, Staff Boards and Enterprise Committees, in the general government and the General Administration of the State, (a) those resulting in their presence in the General Negotiation Tables referred to in Article 1 of the present ministerial order.

Article 3. Activities to be financed.

The trade union organisations referred to in Article 2 of this order may apply for aid to finance the expenditure arising from the performance of the activities relating to the performance of their duties in the the following terms:

1. Eligible expenditure is expressly set out in the following paragraph, provided that they meet the nature of the activity supported and fulfil the requirements of Articles 31 of Law 38/2003 of 17 November and 83 of Regulation of the General Law of Grants approved by Royal Decree 887/2006, of July 21.

2. Eligible expenditure shall be considered as eligible expenditure under this Order, which is considered as direct and indirect in this Article.

2.1 Direct expenses. Direct expenditure shall be understood as those directly linked to the special negotiating activity carried out by the trade union organisations referred to in Article 1 of this Order, which finance the implementation of this activity.

The following eligible direct expenses are considered:

-Expenses arising from the holding of meetings, days, seminars, courses, etc., on matters which are the subject of negotiation during the financial year in any of the Mesas referred to in Article 1 of this order or in the technical commissions derived from them.

-Expenditure on accommodation, maintenance and displacement of the interveners in the development of activities related to the negotiation, provided that they have not been the subject of compensation by the Administration for others concepts. In any event, the eligible costs relating to travel, accommodation and maintenance shall, as a general rule, have as a maximum daily limit the amounts set out in Royal Decree 462/2002 of 24 May 2002. compensation for service reason for group 2.

-Expenses for the publication and distribution of information and information material related to the negotiation activity.

-Expenses caused by the acquisition of means and materials directly linked to the development of the business activities, such as texts, fungible material and other elements such as technical support supplies, computer, playback and communication.

-Expenses derived from the elaboration of documents, studies, reports or papers directly related to the negotiation activity.

-Costs of contracting services with third parties, such as lawyers, legal advisors, prosecutors or accountants, or administrative staff for the support of the management and execution of the programs or actions contained in the Memory explanatory notes, which are directly related to the negotiating activity and are indispensable for the proper preparation or execution of the negotiation.

2.2 Indirect expenditure: Indirect expenditure shall be the same as those of the regular operation of the trade union organisation, which shall support the implementation of the activities it has attributed.

Eligible indirect costs, attributable to the operation of the trade union activity, are considered as follows:

-Office fungible material expenses.

-Supply, technical service, and maintenance expenses for computer support material.

-Reprogram expenses, messaging, telephony, and communication.

-Local rental expenses.

-Acquisition and subscription expenses for publications.

Eligible indirect costs will not, as a whole, exceed the maximum limit of 12% of the amount of subsidy granted, without the need for documentary justification.

The indirect costs of the grants shall be credited by a responsible declaration signed by the legal representative of the trade union organisation, describing the types of expenditure included and the amounts allocated. to each one of them. Calls may provide for lower percentages or even not to cover the financing of indirect costs, in respect of certain funding lines, by virtue of their purpose.

Article 4. Concession 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 General Grant Law, approved by Royal Decree 887/2006 of 21 July, the procedure of granting of these grants will be processed under competitive competition, regulated in Articles 23 to 27 of Law 38/2003 of 17 November, and 58 to 64 of the Regulation of the General Law of Grants.

1. Getting started with the procedure

The procedure for granting grants will be initiated by the corresponding call of the Secretary of State for Public Administrations, and will necessarily have the following content:

(a) Mention of the present ministerial order establishing the regulatory bases for the granting of subsidies to the trade union organizations present in the General Negotiation Tables in which the State General Administration as instrumental support for their participation in the same, as well as the official journal in which it is published.

(b) Budgetary appropriations to which the subsidy is charged, and the maximum total amount of the grants called within the available appropriations or, failing that, the estimated amount of the grants.

(c) The purpose, conditions and purpose of the grant of the grant.

d) Expression that the concession is made through the competitive concurrency regime.

e) Requirements to apply for the grant and how to accredit them.

f) Indication of the competent bodies for the instruction and resolution of the procedure.

g) Deadline for submission of applications, to which the forecasts contained in Article 23 (3) of Law 38/2003 of 17 November, General of Grants will apply.

h) Deadline for resolution and notification.

i) Documents and information to accompany the request.

(j) Indication of whether the resolution puts an end to the administrative route and, if not, the body to which the appeal is to be brought.

k) Request assessment criteria.

(l) A means of notification or publication, in accordance with the provisions of Article 59 of Law 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

2. Submitting requests

The trade union organisations which opt for a grant must submit their applications in accordance with the fourth paragraph of Article 38 of Law No 30/1992 of 26 November 1992 on the legal system of administrations. Public and the Common Administrative Procedure, addressed to the General Directorate of the Civil Service, being able to make such presentation by electronic means in accordance with the provisions of Law 11/2007, of June 22, of electronic access of citizens to Public Services.

These requests will be formalized in the model that establishes the call, which must be accompanied by:

(a) An explanatory note for each programme or action for which a grant is requested, implemented or implemented during the calendar year of the relevant call, reflecting at least the following aspects:

Naming of the program or action.

Program description and purposes.

Objectives that are intended.

Activities that include the program and duration of the program.

Detailed revenue/expense budget for each program or action.

The trade union organizations entitled to opt for the grant must submit the application in the name of the application by which they obtained representatives in the elections to representative bodies in the field indicated.

b) The following documents, which must be original or photocopied:

a. Union tax identification card.

b. Identification and authorization data for verification, of the person signing the application or, in case of failure to provide their consent, photocopy of the national identity document.

c. Notarial power that accredits the applicant's ability to act on behalf and representation of the union organization.

d. Certificate of compliance with the tax and social security obligations.

e. Responsible statement on the fulfilment of obligations for reimbursement of grants.

f. Accreditation, in the terms provided for in Article 13 of Law 38/2003 of 17 November, General of Grants not to be present in the prohibitions to obtain the status of beneficiary referred to in paragraphs 2 and 3 of the Article cited.

The documentation referred to in this paragraph shall accompany the application unless the required documents are already in the hands of the Acting Administration, in which case the applicants may avail themselves of the provisions of the Article 35 (f) of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

3. Deadline for submission

The filing period shall be one month from the day following that of the publication in the "Official State Gazette" of the corresponding annual call, unless the said call is modified. deadline for submission.

4. Error Subhealing

If the grant applications submitted do not meet the required requirements, the beneficiary will be required to subsane the missing or to accompany the required documents within ten working days, and in the event that they do not Such a remedy shall be effected by withdrawal of its request, after a decision to be made as laid down in Article 71 of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Procedure Common Administrative.

5. Resolution instruction and proposal

The body responsible for instructing the procedure is the Directorate General of the Civil Service, who will carry out as many actions as it deems necessary for the determination of knowledge and verification of the data in the virtue of which the motion for a resolution is to be formulated, as provided for in Article 24.2 of Law 38/2003 of 17 November, General of Grants.

The Valuation Commission will be attached to the General Directorate of the Civil Service and its operation will be attended with the technical and budgetary means of the agency, adjusting its operation to the forecasts contained in Chapter II of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. The Commission shall meet within the time limits set out in the relevant calls.

Once the applications have been evaluated, the Valuation Commission must submit to the instructor its proposal for a concession, in which the result of the evaluation is completed. That proposal, as laid down in Article 24 (4) of Law 38/2003 of 17 November, shall express the relationship of beneficiaries for which the grant of the grant and its amount are proposed.

The Assessment Commission will be integrated as follows:

President: The head of the General Directorate of the Civil Service.

Vice President: The head of the General Labor Relations Subdirectorate.

Vocals:

-The holder of the Deputy General Directorate of Labor Relations.

-The head of the Human Resources Advisory, Advisory and Assistance Division.

Secretary: A person with the level of Head of Service or higher assigned to the General Subdirectorate of Labor Relations.

The Directorate-General of the Civil Service will raise its motion for a resolution, within the time limit set in the relevant call, to the competent body to resolve.

The grant award file shall contain the report of the instructor body stating that the information in its possession shows that the beneficiaries fulfil all the necessary requirements for access to the the same.

6. Resolution

The competent body for the resolution of the procedure is the Secretary of State for Public Administrations.

The competent body to resolve, within a maximum of 15 working days from the date of the lifting of the motion for a resolution, shall sign the appropriate reasoned decision granting grants by notifying the applicant organisations the extent and amount of the grant or, where appropriate, their dismissal in accordance with the provisions of Article 63 of the Regulation of the General Grant Law approved by Royal Decree 887/2006 of 21 July.

The grants awarded will be published in the "Official State Gazette", in the terms and with the scope provided for in Article 18 of Law 38/2003, of November 17, General of Grants.

7. Resources

The above resolution will put an end to the administrative route, thus being able to interpose a potestative resource of reorder or administrative-administrative appeal before the courts that correspond.

The maximum time limit for resolving and notifying the resolution of this procedure will be six months. After that period has not been notified to the parties concerned, they may understand the application for the grant of the grant.

8. Obligations of beneficiaries

It is the obligations of the beneficiaries that are generally taken into account in Article 14 of Law 38/2003 of 17 November, and in particular the following:

(a) Credit prior to the submission of the proposal for a grant resolution that is in the current of its tax obligations and in the face of Social Security as provided for in Article 14.1.e) of Law 38/2003, November 17.

b) Perform the activity for which the grant is awarded within the time limit set out in this call.

(c) Credit to the General Directorate of the Civil Service the performance of the activity, as well as the fulfilment of the requirements for the grant or enjoyment of the grants.

d) Submit to the actions of verification to be carried out by the Directorate General of the Civil Service and those of financial control that correspond to the General Intervention of the State Administration and those provided for in the legislation of the Court of Auditors.

e) Communicate to the Directorate General of the Civil Service the obtaining of other grants, aids, income or resources to finance the activities supported. This communication shall be made as soon as it is known, and in any case, prior to the application given to the funds received.

(f) To record, in the terms of the calls, the public nature of the financing of the subsidised activity, as provided for in Article 31 of the Regulation of the General Law on Grants approved by Royal Decree 887/2006, dated July 21.

Article 5. Allocation and amount of grants.

The total amount of the grant will be within the budget of the Ministry of Finance and Public Administrations of the year concerned.

Article 6. Objective criteria for granting and weighting them.

The individual amount of the grants shall be determined by distributing the entire budget credit, in equal parts, between the General Negotiating Tables defined in Article 1 of this Ministerial Order, which were constituted on the date of publication of this ministerial order and, within each Bureau, between the trade union organizations, in proportion to the number of representatives computed to determine their presence in them, Staff delegates, members of staff members and the business committees of the General government and the General Administration of the State. This distribution shall be made after each of them has been assured of a fixed amount guaranteeing compliance with the purposes of the grants provided for in this order, and the amount of which may not exceed 25% of the total of the annually budgeted grant.

Article 7. Payment of the grant.

The payment of the grant will be made at one time in favour of the applicants who are eligible for the resolution of the call for grants. It shall be possible to make advance payments on a basis prior to the justification in order to be able to carry out the activities inherent in the grant.

Given the legal personality of the entities benefiting from the grants defined in Article 2 of these bases, in accordance with the provisions of Article 42 of the Regulation of the General Law on Grants Approved by Royal Decree 887/2006, of July 21, will be exempt from the constitution of guarantee.

The payment of the grants may not be made as long as the beneficiary is not current in the performance of its tax obligations and in the face of social security or is liable for a decision of origin. drawback.

Article 8. Justification for the grants.

The beneficiary trade union organisations must justify the particular destination of the sums received, which must be adjusted to the performance of those activities whose expenditure is related to Article 3 of that order and in the memory referred to in Article 4.2.a) thereof. This justification shall be made by drawing up a supporting document for the activities and the direct costs to which they will bring together originals or certified copies of invoices, supporting documents for payment and other documents of the probative value equivalent with validity in commercial legal traffic or with administrative efficiency (Article 30.3 of Law 38/2003) until the amount of the grant obtained is reached. The period of justification shall be 31 March of the year following the granting.

The indirect costs of the grants shall be credited by a responsible declaration signed by the legal representative of the trade union organisation, describing the types of expenditure included and the amounts allocated. to each of them.

Article 9. Modification of the grant resolution.

Any circumstances which alter the essential conditions for the grant of the grant, provided that they are sufficiently reasoned, may lead to the amendment of the judgment of the concession.

Article 10. Compatibility.

Grants granted under this order shall be compatible with other grants, aid, revenue or resources for the same purpose, from any public or private administration or authorities, national, European Union or international bodies, without prejudice to the provisions of Article 19 (3) of Law 38/2003 of 17 November.

Article 11. Responsibility.

The trade union organizations benefiting from the grants will be subject to the liability regime provided for in Title IV of Law 38/2003 of 17 November and Title IV of the General Law of the Grants approved by Royal Decree 887/2006 of 21 July, as well as those provided for in Title IX of Law 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and the Common Administrative Procedure and its rules of procedure development.

Article 12. Refit.

The recovery of the amounts received in respect of grants and the requirement of interest for late payment in the cases and in accordance with the procedure laid down in Article 37 of Law 38/2003, of 17 November, and in Title III of the Regulation of the General Law of Grants approved by Royal Decree 887/2006 of July 21. In any event, the entire grant received shall be refunded if the amount granted for the purposes for which it was granted does not apply.

Single repeal provision. Regulatory repeal.

Order HAP/2330 /2012 of 19 October (BOE number 262 of 31 October) is hereby repealed, laying down the basis for the granting of grants to trade union organisations present in the General Tables The General Administration of the State, as an instrumental support for its participation in the negotiations, is participating in the negotiations.

Final disposition first. Competence title.

This order is dictated by the provisions of Article 149.1.18. of the Constitution.

Final disposition second. Extra duty.

As not provided for in this Order, the provisions of Law 38/2003 of 17 November, General of Grants, as well as the Regulations of the General Law of Grants approved by Royal Decree, will be applied in this way. 887/2006, dated 21 July, and the other rules of administrative law.

Final disposition third. Entry into force.

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

Madrid, 29 September 2014.-The Minister of Finance and Public Administration, Cristobal Montoro Romero.