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Order Ess/891/2014, Of 26 May, By Amending The Order Ess/619/2012, Of 22 March, By Which They Delegate And Approve Delegations Of The Exercise Of Powers In The Administrative Bodies Of The Ministry Of Employment And Security So...

Original Language Title: Orden ESS/891/2014, de 26 de mayo, por la que se modifica la Orden ESS/619/2012, de 22 de marzo, por la que se delegan y se aprueban las delegaciones del ejercicio de competencias en los órganos administrativos del Ministerio de Empleo y Seguridad So...

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TEXT

The approval in recent months of various substantive rules relating to the competences of various bodies of the Ministry of Employment and Social Security advises to introduce some specific amendments to the Order. ESS/619/2012 of 22 March, which delegates and approves the delegations of the exercise of powers in the administrative bodies of the Ministry of Employment and Social Security and its public bodies, to allow greater agility in the management of certain administrative procedures.

On the one hand, Royal Decree 429/2013 of 14 June, establishing the regulatory basis for economic compensation to arbitrators appointed by the National Consultative Commission on Collective Agreements, was approved. in relation to the implementation of the working conditions of the collective agreements. In order to speed up the administrative handling of these grants, it is appropriate to delegate the existing powers to the Secretary of State for Employment in the Director-General for Employment.

On the other hand, Law 14/2013 of 27 September, supporting entrepreneurs and their internationalisation, includes in their title V, section 2, chapters I to VI, a regulation aimed at those foreigners who intend to enter or reside in Spain in the case of investors, entrepreneurs, highly qualified professionals, researchers or workers engaged in intra-business movements within the same company or group of companies. Article 76 of that Law, when regulating the authorisation procedure, provides that the processing of the residence permits provided for in that section shall be carried out by the Unit of Large Enterprises and Strategic Collective, corresponding to its concession to the Director General of Migration. Reasons also in this case of administrative agility advise delegating the current competencies of this to the Deputy Director General of Immigration.

Finally, Order ESS/252/2014 of 13 February, which delegates and approves the delegations of the exercise of competences in the field of recruitment in the administrative bodies of the Ministry of Employment, has been approved. and Social Security. In this case, coordination reasons advise on the allocation of certain areas of responsibility for expenditure management, which up to now have been the responsibility of the Secretary-General for Immigration and Migration, the Under-Secretary-General and the Deputy Director-General of Financial administration, in accordance with its amount, in line with the new arrangements for the exercise of powers in the field of procurement. This is done through the repeal of certain paragraphs of the ESS/619/2012 Order of 22 March, where until now these powers were attributed to the General Secretariat of Immigration and Emigration.

This order has been the subject of both the Delegate and the Legal Service in the Department.

In accordance with the provisions of Article 13 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, in the additional 13th provision of the Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, and in Article 20 of Law 50/1997, of 27 November, of the Government, I have:

Single item. Amendment of the ESS/619/2012 Order of 22 March, which delegates and approves the delegations of the exercise of competence in the administrative bodies of the Ministry of Employment and Social Security and its public bodies.

The following amendments are made to the ESS/619/2012 Order of 22 March, which delegates and approves the delegations for the exercise of powers in the administrative bodies of the Ministry of Employment and Social security and its public bodies:

One. Article 14 (2), by which the delegations for the exercise of the powers of the Secretary of State for Employment in the Director-General for Employment are approved, is worded as follows:

" 2. The granting and other powers inherent in the administrative body of grants, as well as the approval and commitment of expenditure, the recognition of the obligation and the proposal for the payment of payments of the quantities covered by the In the case of aid prior to ordinary retirement in the Social Security System, special economic assistance to workers, resulting from the restructuring of firms, amounts to EUR 300,500 and the amount of the aid granted to the economic compensation to the arbitrators appointed to resolve disputes in the field of union elections, and those designated by the National Consultative Commission on Collective Agreements in relation to the implementation of the working conditions of the collective agreements. "

Two. Paragraph (d) of Article 37.1, by which the delegations for the exercise of the powers of the Director-General of Migration in the Deputy Director-General for Immigration are approved, shall be worded as follows:

" (d) The resolution of the procedures on temporary residence permits and work carried out on the basis of the provisions of Title IX of the Regulation of the Organic Law 4/2000 of 11 January, approved by Royal Decree 557/2011, of 20 April, as well as the resolution of the procedure on residence permits provided for in Article 76 of Law 14/2013 of 27 September, supporting entrepreneurs and their internationalisation. "

Single repeal provision. Regulatory repeal.

1. All provisions of the same or lower range are repealed as set out in this order.

2. The second paragraph of Article 4 (4) (a) and the second paragraph of Article 8.8.a (2) of the ESS/619/2012 Order of 22 March, which are delegated and approved by the delegations for the exercise of powers in the administrative bodies, are hereby repealed. of the Ministry of Employment and Social Security and its public bodies.

Single end disposition. Entry into force.

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

Madrid, May 26, 2014. -Minister of Employment and Social Security, Fatima Banez García.