The Order of 21 February 1986 ("Official State Gazette" of 27) established a series of grants and grants to promote job creation, distributed in various programmes, including the work integration of the the disabled in special centres of employment and self-employment. By Royal Decree 2539/1986 of 5 December ("Official State Gazette" of 17), the powers in the management of the same were attributed to the Subdirectorate General of Employment Promotion, of the National Institute of Employment (INEM).

The Order of 22 March 1994 ("Official State Gazette" of 12 April) adapted the management of aid to the requirements laid down in Article 86.1 of the recast text of the General Budget Law, as well as to the Regulation of the procedure for the granting of a public subsidy, approved by Royal Decree 2225/1993 of 17 December 1993.

In view of the positive experiences that were generated under this legislation and, in line with the measures committed by the Spanish State in the recent Plan of Action for the Employment of the Kingdom of Spain, with the This Order is to consolidate active policies aimed at disabled workers to combat their exclusion from the labour market.

In particular, the present rule updates and extends the aid scheme which promotes the integration of disabled workers into special employment centres, as well as those promoting the initiative of the disabled. Disabled entrepreneurs who do self-employment in the professions for which they are trained. All this, moreover, in the terms of the Agreement signed between the Ministry of Labour and Social Affairs and the Spanish Committee of Representatives of Disabled Workers, establishing an urgent action plan for the promotion of the employment of persons with disabilities.

This Order is without prejudice to the powers assumed by the Autonomous Communities to which the management of this programme has been transferred.

In its virtue, prior to the favorable report of the State Advocate, I have:

Article 1.

The aim of the programme is to facilitate the employment integration of the disabled, by means of grants and grants awarded by the National Institute of Employment, set out in this Order in accordance with the requirements set out in the same.

Article 2. Subject to the grants.

1. To finance partially projects which generate jobs, preferably stable, for unemployed disabled workers. These projects can be of two types:

(a) Projects for the creation of special employment centres: those presented by those promoters who intend to set up a special employment centre meeting the requirements laid down in Royal Decree 2273/1985 of 4 May 1985. December (Official Journal of the State of 9), by which the Regulation of the Special Centers for Employment, as defined in Article 42 of Law 13/1982, of 7 April ("Official State Gazette" of 30), of Social Integration of the Disabled, in the wording given by the additional thirty-ninth provision of Law 66/1997, of 30 December ("Official State Gazette" of 31), of Fiscal, Administrative and Social Order Measures.

b) Projects for the extension of the workforce, presented by those special centres of employment already in operation.

2. To assist the maintenance of disabled jobs in the special centres of employment.

3. To finance those business projects of unemployed disabled workers who intend to become self-employed workers.

Article 3. Beneficiaries.

For the aid referred to in Article 2 (1) and (2), the beneficiaries shall be those special employment centres which are registered as such in the corresponding Register.

For the aid referred to in paragraph 3 of the first paragraph, the unemployed disabled workers who are registered as applicants in the Office for Employment in question shall be eligible.

Article 4. Aid.

The following may be granted:

A) For employment-generating projects, the grants referred to in point 4 (A) of this Article may be granted, provided that the beneficiary adequately justifies the investment involved in the project for some or some of the following actions:

1. For technical assistance, in the following terms:

(a) The request for aid for technical assistance may be made at the request of a party or promoted ex officio, where the examination of the file so requires.

b) Technical assistance may consist of any of the following:

Feasibility studies, organization, marketing, diagnosis, and others of a similar nature.

Audits and economic reports.

Advice in the various areas of business management.

2. To cover fixed investment in projects of social interest.

3. For partial grant of interest on loans obtained from credit institutions, public or private, which have an agreement under the following conditions:

(a) Loans to be eligible must be granted by those credit institutions, whether public or private, which have an agreement with the Ministry of Labour and Social Affairs.

(b) The financial subsidy shall be at most three points of the interest rate fixed by the public or private credit institution, which grants the loan to the applicant, payable at one time, in a calculated amount as if the The grant shall be payable each year for the duration of the grant, including the possible period of absence.

4. The grants of the previous numbers 1, 2 and 3 will be, as a whole, a total of 2,000,000 pesetas per job created on a stable basis, if the special employment centre exceeds 90 per 100 of disabled workers in respect of the total their template.

The amount of the grant per job created in a stable way will be 1,500,000 pesetas if the number of disabled workers in the special employment centre is between 70 and 90 per 100 of the total of the template.

For the purpose of determining the percentage of disabled workers, the non-disabled staff involved in the provision of personal and social adjustment services, as well as the person providing services in those services, will not be taken into account. specific activities or jobs which, by their very nature or complexity, cannot be carried out by disabled persons.

Personal and social adjustment services shall be understood as those for rehabilitation, therapeutic, social, cultural and sporting integration which provide the disabled worker with the special employment centre with further rehabilitation. personnel and better adaptation of their social relationship.

The amount of the grants referred to in this number are of a maximum nature, except in cases where, in exceptional cases, duly justified and substantiated, it is authorized The Ministry of Labour and Social Affairs expressly exceeded these amounts.

B) For job maintenance:

1. 100 per 100 bonus for the business share of Social Security, including those for accidents at work and occupational disease and joint collection fees. These bonuses will be deducted directly by the special employment centers, prior to the authorization of the Administration, from the quotas to be settled monthly to the Social Security, in accordance with the regulations in force in this field.

2. Grants of the wage cost corresponding to the job of a disabled person who carries out a normal working day and who is on the high in the Social Security, for an amount of 50 per 100 of the minimum inter-professional salary. In the case of a part-time work contract, the grant shall be reduced in proportion to the working time.

3. Grants for the adaptation of jobs and the removal of architectural barriers in a value not exceeding 300 000 pesetas per job, without in any event based on the actual cost which is justified by the adaptation or elimination.

4. Subsidy, for a single time, aimed at balancing and financially healing the special centres of employment, in order to achieve a restructuring so that they reach productivity and profitability levels that guarantee their viability and stability.

5. Grant aimed at balancing the budget of those special centres of employment which are not profit-making and are of public utility and of a dibility. This subsidy may not cover adverse results resulting from poor management in the administration's judgment.

For the granting and determination of the amount of the compensation will be in accordance with the provisions of Article 12 of Royal Decree 2273/1985 of 4 December 1985 approving the Regulation of the special centres of employment, what will be taken into account:

a) The activity, dimension, structure and management of the center.

(b) The composition of his staff, with particular attention to the proportion of disabled workers in the total in the special employment centre, as well as the nature and degree of disability of his/her constituents, in relation to with their ability to adapt to the job they perform.

c) The modality and conditions of contracts entered into with employees of the establishment plan, disabled or not.

d) The economic variables that are in the center in relation to its objective and social function.

e) The personal and social adjustment services provided by the centre to its disabled workers.

6. The Special Centres for Employment may receive technical assistance for the maintenance of jobs in accordance with the terms laid down in Article 4 (A) 1.

C) For the constitution of unemployed workers who are unemployed as self-employed:

1. Partial grant of interest on loans obtained from credit institutions, public or private, which have an agreement with the Ministry of Labour and Social Affairs.

This subsidy shall be, at most, three points of the interest rate fixed by the institution granting the credit to the applicant, payable at one time, in amount calculated as if the grant is due each year of the duration of the same, including the possible period of absence.

This subsidy will not exceed the amount of 750,000 pesetas, except exceptional cases expressly authorized by the Ministry of Labor and Social Affairs.

Decisions on grant applications shall be taken into account in addition to the following criteria: (a) Social importance and employment in the geographical environment in which the activity is carried out, especially if it has an impact on the new fields of employment; (b) the economic contribution of the worker, especially when there is a received compensation from undertakings to which the unemployment benefit had belonged or received at one time, and (c) the situation of the debts which may exist on the part of the applicant with the Social Security and Public Finance, in such a way as to facilitate the fulfilment of the obligations it has incurred.

2. Grant of 650,000 pesetas for fixed capital investment.

Article 5. Requirements.

A) All beneficiaries applying for the above mentioned aid must prove:

1. To be informed in accordance with the relevant documentation, in accordance with the provisions laid down in the Orders of the Ministry of Economic Affairs and Finance of 28 April 1986 and 25 April 1986, in respect of social security, of November 1987.

2. To be registered as a Special Employment Centre in the relevant Register.

3. In the case of applications for self-employed persons, they shall be unemployed and be registered as a claimant of employment in the Office concerned, as well as the certificate of disability.

4. In any case, applications must be accompanied by the explanatory notes to the projects which are the subject of the grants.

B) In addition to these common requirements, the following must be met, depending on the type of help requested:

1.a) Job creation projects in Special Employment Centres: (a) The project will have technical, economic and financial feasibility, which will be accredited by the presentation of the appropriate detailed economic study, and b) (i) the creation of stable employment for the disabled.

1.b) Technical assistance shall be provided by specialised companies or natural persons and who have guarantees of professional solvency.

1.c) Loans shall be credited by certification of the lender where specified, name of the borrower, amount, interest and term of amortisation.

2. Aid for the maintenance of jobs in Special Employment Centres:

(a) For the allowance of social security contributions, together with the application, the contract of employment and part of the high social security of the disabled workers will be accompanied, for one time, by the corresponding certificate of disability; the same procedure will be followed with the successive hires.

(b) For the wage cost subsidy, the Special Employment Centre must have paid its employees the corresponding salary, which shall be credited by the contribution of the duly signed nonimas.

c) Subsidy for the adaptation of the jobs and removal of architectural barriers, and must justify their need through timely memory.

d) Subsidy, for one time, aimed at balancing and financially healing the Special Employment Centres: With exceptional and extraordinary character, the centre must prove that-in addition to having technical, economic feasibility The financial situation in which it is located at the time of the application endangers its subsistence and, consequently, the maintenance of the jobs.

For this purpose, it will be necessary to present the precise economic documentation (balance sheets, operating accounts, etc.) to determine the necessity and the amount of the aid, its specific purpose and the guarantee of its restructuring and feasibility, once the grant has been granted.

(e) Subsidy intended to balance the budgets of the Special Employment Centres, in accordance with the following requirements: a ') Which are not for profit; b') Which are of public utility and of a dibility, declared by agreement of the Council of Ministers, on a proposal from the Ministry of Labour and Social Affairs, and c ') That the adverse results, which are intended to be balanced, do not result from poor management, in the administration's view.

Article 6. Applications.

Applications shall be sent to the Provincial Directorate of the National Employment Institute and shall be accompanied, in addition to the original documentation or certified photocopy indicated in Article 4 of the following, in accordance with the type of aid applied for; evidence of the personality of the beneficiary and sufficient power of the representative:

A) Job-generating projects:

1. For technical assistance, the detailed budget and the index of the contents of the same, as well as the Memory of the entity or the curriculum vitae of the persons who carry out the study-advice will be attached.

2. For projects of social interest: (a) Extended project memory and background; (b) Detail of the fixed investment plan (including invoices and pro forma budget); (c) Enlargement and documentation of financial sources and financial plan (d) the financial statements of the last two years and provisional, and (e) the economic and financial feasibility study of the project.

3. For partial grant of interest on loans, in addition to the documentation referred to in point 2 above, they shall credit the grant of the loan and its conditions.

B) For the maintenance of jobs:

1. Social Security contributions: Code of account of the company.

2. Wage costs: a) Photocopy of documents TC-1 and TC-2 of the last month entered; b) First month, documentation of the disabled staff (high in Social Security, contract and certificate of disability); in successive months, only present the nonimas and, in high cases, the documentation of the new disabled workers who have been incorporated in that month.

3. For job adaptation: Budget and/or investment bill to be made.

4. For the financial consolidation grant: (a) Explanatory note to the economic imbalance and its origin; background to the institution; (b) Economic and financial feasibility study; (c) Balance sheets for the last two financial years (d) the holding account for the last two years in those centres which have carried out activities in those years; and (e) provisional operating accounts for the following two years.

5. For the grant to balance the budget of the Special Employment Centre: (a) Declaration of Solubility in order to ensure gainful employment and the provision of personal and social adjustment services, such as the rehabilitation, therapeutic, social, cultural and sporting integration of the disabled worker of the Special Employment Centre, greater personal rehabilitation and better adaptation in their social relationship; b) Explanatory note to the financial imbalance and its origin; background to the Centre; c) Economic and financial study (d) the balance sheet of the last two years; and (e) provisional exploitation for the following two years.

C) For the constitution of unemployed workers who are unemployed as self-employed: (a) Certificate of the Employment Office, proof of his/her status as an employment claimant; (b) Supporting memory of the business project, accompanied by a financial plan which establishes the feasibility of the project; (c) Photocopy (d) In the cases where financial support is applied for, a certified photocopy of the loan agreement shall be provided in the case of the credit card, the certificate or the communication of the credit institution granting the loan and its (e) the corresponding certificate of disability.

Article 7. Concession.

1. Aid and grants shall be granted by means of a decision of the Director-General of the National Institute of Employment, by delegation of the Director-General of the National Employment Institute, with this in mind in the resolution. corresponding.

2. Resolution: (a) Within 15 days of the date of the lifting of the motion for a resolution, the competent body shall decide on the procedure; (b) the decision shall be reasoned; (c) the maximum period for the decision of the procedure shall be six months; After the maximum period for resolving the procedure, without any express resolution, it may be understood that the grant of the grant or aid is a disestimate; e) the notification of the decisions shall be made in accordance with the provided for in Article 59 of Law No 30/1992, of the Legal Regime of the General Administration and of the Joint Administrative Procedure, and (f) The decisions taken by the Provincial Director of the National Employment Institute may be brought to an administrative-administrative appeal.

Article 8. Concurrency of aid or subsidies.

The amount of aid or subsidies covered by this Order may in no case be such that, in isolation or in competition with grants or aid from other public administrations, or other public or private, national or international, exceeds the cost of the activity to be developed by the beneficiary.

Article 10. Obligations of the beneficiaries.

1. Credit within the time limit specified in the decision granting the implementation of the planned investment project, as well as the creation and maintenance of the jobs for which the subsidy was granted by means of invoices, receipts, contracts and other documents indicated at the time of the concession.

2. To submit to the verification activities to be carried out by the National Institute of Employment by the Labour and Social Security Inspectorate, as well as those of financial control corresponding to the General Intervention of the State Administration in (a) the Commission and the Court of Auditors of the European Union, in the case of co-financing by the Commission and the Court of Auditors of the European Union, in the case of grants and financial aid, as well as those provided for in the legislation of the Court of Auditors; the European Social Fund.

Article 11. Review.

Any alteration of the conditions taken into account for the grant of the aid or subsidy and, in any event, the concurrent obtaining of the aid, as referred to in paragraph 8, may result in the modification of the Concessionaire resolution.

Article 12. Grant refund.

The total or partial refund of the amounts received and the requirement of the corresponding interest for late payment shall be made from the time of payment of the aid or subsidy in the following cases: 1. If the beneficiaries give the aid a destination or application other than the investment plan accepted. 2. The non-creation or maintenance of the committed jobs. 3. Distortion of data, facts or documentation. 4. Failure to comply with the conditions imposed on the beneficiary in the granting decision.

Likewise, the recovery of the amounts received and the requirement of interest for late payment from the payment of the grant will be made if the circumstances set out in Article 81.9 of the recast text of the General Law are given. Budget, approved by Royal Legislative Decree 1091/1988 of 23 September.

Additional disposition first.

The Regulation of the procedure for the granting of public subsidies, approved by Royal Decree 2225/1993 of 17 December 1993, and in particular the for the reimbursement of the subsidy provided for in Article 8. or of the aforementioned Royal Decree.

Additional provision second.

The beneficiaries of aid and grants will be subject to the responsibility and sanctioning regime which, in this matter, establishes Law 8/1988 of 7 April of Infractions and Sanctions in the Social Order, and Article 82 of the recast text of the General Budget Law, in the wording given by Law 31/1990, of 27 December, of the General Budget of the State for 1991.

Additional provision third. Autonomous Communities.

The Autonomous Communities which have undertaken the transfer of services in respect of the management of the public programme for the promotion of self-employed employment may accommodate this rule to the specialities derived from their own organisation.

Additional provision fourth. Budgetary resources.

The grant of grants by the National Institute of Employment is conditional on the budgetary availability of each financial year.

Single transient arrangement.

The applications submitted, under the aid and grants provided for in the Order of 21 February 1986 ('Official State Gazette ' of 27), which are pending for a resolution, will have to be adjusted accordingly. the basis, conditions and requirements set out in this Order, for the purpose of continuing its regulatory processing.

Single repeal provision.

The Programme V, the 'Employment integration of the disabled in special centres for employment and self-employment' of the Order of 21 February 1986, is hereby repealed, establishing a number of programmes of support for the creation of ("Official State Gazette" of 27), as well as Section B, Programme V, of the single article of the Order of 22 March 1994 ("Official State Gazette" of 12 April 1994) laying down the regulatory basis for the granting of the aid and grants referred to in programme V.

Final disposition first.

The Director-General of the National Institute of Employment is hereby authorized to lay down any rules necessary for the implementation of the provisions of this Order.

Final disposition second.

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

Madrid, 16 October 1998.

BOCANEGRA SANDS