The conclusion of the European Summit of Heads of State and Government held in Luxembourg in November 1997 was the assumption by the Member States of a new strategy for employment which it incorporated as new This is the case for the implementation of National Plans of Action, which the Member States will present each year, in which the whole compendium of policies favoring the creation of employment is collected.

Following the guidelines of the extraordinary summit, in the Plan of Action for Employment of the Kingdom of Spain for 1998, concrete commitments on employment policy are contained, which, within the agreed increase in the The application of active policies is directed towards specific groups with special difficulties of insertion. Another of the guidelines set out in the Plan is the need to influence the empowerment and development of the activity in the new fields of employment.

The commitment to the promotion of activity in those sectors of the local area in which new needs are not yet met, as well as the commitment to favour the employment policy of the unemployed persons referred to in Guidelines 1 and 2 of the Plan and, in particular, the disabled and women, as well as the need to amend certain aspects relating to the management of the programme for the improvement of the capacity of the unemployed workers through the subscription of collaboration agreements between the INEM and the Local corporations, for the realization of works or services of general and social interest, justify the review of this program of public employment.

Consequently, I have provided the following report from the Department's Legal Service:

Article 1. Purpose of the grant.

It will be the subject of the subsidy governed by this rule to subsidise labour costs for the recruitment of unemployed workers for the execution of works or services of general and social interest in the field of employment. collaboration with Local Corporations or Entities that are dependent on or linked to a Local Administration, in accordance with the budget allocation to that end.

Article 2. Beneficiaries of the grant.

The entities included in Article 1 may be eligible for the grant, who employ unemployed workers for the execution of works or the provision of services of general and social interest and who enjoy sufficient technical and management capacity for the implementation of the relevant project.

Article 3. The purpose of the public subsidies and the amount thereof.

1. The grants to be awarded shall be used for the financing of workers ' wage costs, which together with the requirements set out in this standard, are contracted for the execution of works and services of general social interest.

2. The amount of the grant to be paid by the applicant institutions shall be the amount necessary to cover the total wage costs, including the business contribution to the Social Security for all the concepts in the same amount as that fixed for the wage according to the collective agreement in force, for each employed unemployed person.

Article 4. Requirements and criteria for the selection of works and services.

1. The works and services to be carried out, on the basis of collaboration between the National Employment Institute and the applicant entities, shall meet the following requirements:

(a) In the case of works and services of general and social interest and are the responsibility of the Local Corporations, including works and services performed on immovable property that the applicant entities put into place Provision of the National Employment Institute.

(b) to be executed by the applicant entities under direct administration or by the undertakings to which they are awarded.

(c) In their execution or delivery, the professional training and practice of the unemployed is favoured.

d) That the minimum percentage of unemployed workers to be employed in the work or service is 75 per 100.

e) that the works and services may be executed in full within the calendar year of the financial year in which the collaboration occurs, unless exceptional and duly justified causes are met; the impossibility of execution within that period, in which case works and services may be approved provided that they are completed within the first three months of the following financial year.

(f) The grant applicant institution has sufficient budgetary allocation to take charge of the budget items not supported by the National Employment Institute for the performance of the work or the service in question, which will be credited by the corresponding certification of the entity.

The National Employment Institute will consider, in any case, that the requesting entity has the corresponding budgetary allocation when it has been requested and obtained from the Local Credit Bank of Spain or other financial institutions a supplementary credit for such performance under the Convention signed by that Bank with the National Institute of Employment.

g) That in case the works or services are executed in a zone or locality with seasonal employment cycles, they are carried out preferably in low-level periods of employment.

2. Of the works and services which meet the requirements of paragraph 1. of this Article, preference shall be given:

(a) Those of greater general and social interest are preferably carried out in one of the following activities:

Services of collective utility, such as improvement of housing, surveillance and security, revalorization of urban public spaces, collective transport, proximity shops, as well as activities that affect the management of waste, water management, protection and maintenance of natural areas as well as those which have an impact directly or indirectly on energy control.

Leisure and cultural services, such as tourism promotion, local cultural development, promotion of sport and audiovisual sector.

Custom services of a daily nature, such as child care, home service delivery to disabled or elderly people, help young people in difficulty and social uprooting.

b) Projects that in their realization allow and support the permanent creation of greater number of jobs.

(c) Those who provide evidence of a higher level of labour insertion, either by direct incorporation of workers to the requesting entity or by a successful undertaking to the completion of the project or within the time agreed between the project National Institute of Employment and the applicant entity, or any other formula for occupational insertion that is objectivable is considered sufficient by the National Institute of Employment.

(d) Projects which, where appropriate, have the funding of the applicant entities to carry out complementary actions to improve the effectiveness of this programme. For this purpose, the investment effort shall be taken into account for each case.

Article 5. Requirements and criteria for the selection of workers.

1. Workers who are employed for the construction of works and services and for which the grant of the National Employment Institute is awarded must be unemployed registered in the Employment Office.

2. The workers to be recruited shall be selected taking into account the following criteria:

a) Greater adequacy to the job position offered.

b) Disability condition of the employment claimant.

c) Level of unemployment protection for potential beneficiaries.

(d) Existence of family responsibilities, being understood by the unemployed worker to be employed, the spouse, children under the age of twenty-six, the elderly with disabilities or minors.

e) Age and condition of woman.

3. These criteria shall be applied in accordance with the form and procedure to be determined by the Resolution of the Director-General of the National Employment Institute. These criteria shall be communicated to the report prior to their approval to the Provincial Executive Committee of the National Employment Institute and to the Autonomous Communities which have undertaken the transfer of services in the field of management of the public employment programme covered by this standard. However, the long-term unemployed will be given preference among all the groups mentioned.

Article 6. Procedure initiation.

The applicant Entities that intend to benefit from the grants established in this Order, will request it before the respective Provincial Directorate of the INEM, presenting the following documentation, which will take effect of grant application:

a) The Memory of the work or service, accompanied by the project and plans when the type of work so requires.

The Memory will collect at least the following aspects:

Specific name of the corresponding work or service.

The total number of workers required for the execution of the work or service.

Number of workers to be employed from the situation of the unemployed and the percentage it represents on the total of the workers to be employed in the execution of the work or service.

Total cost budgeted for the work or service.

Total cost budgeted for labor.

Total cost budgeted for the workforce of unemployed workers.

Expected dates for the beginning and termination of the work or service.

Grant to be requested from the National Employment Institute.

Number of permanent jobs to be created with the execution of the work or service and its justification.

Degree in that it favors the training and professional practice of workers.

Hiring Modes and number of workers affected by each mode.

(b) Certification of the competent body of the entity requesting the approval of the project of the work or service for which the grant is requested.

(c) Certificate of the Secretary of the Local Corporation concerned, including the provision of financing for the budget items to be financed by the Corporation.

(d) If the applicant entity receives another grant for the workforce, the resulting amount shall not exceed, in conjunction with the National Employment Institute grant, the total cost of the procurement, including social security contributions.

e) Certification of the Ministry of Economy and Finance and the General Treasury of Social Security to be aware of its tax obligations and social security.

Article 7. Procedure instruction.

1. At the provincial level, an Investment Planning and Coordination Commission will be set up to plan the same in accordance with the needs of the labor market in the province, and report on the selection of works and services covered by this Order.

The Provincial Investment Planning and Coordination Commission will be chaired by the Deputy Government Delegate in the province and will be made up of the Provincial Directors of Labor and Social Affairs and the Institute. National of Employment, a representative of the Local Corporations and a representative of each of the investment agencies.

2. The Provincial Director of the National Employment Institute shall transfer the report, referred to in issue 1, to the Provincial Executive Committee for the issue of the relevant report.

Article 8. How to grant the grants.

1. The Director-General of the National Employment Institute shall, in the light of the reports provided for in the preceding Article and within two months of his/her issue, give the decision as appropriate, by delegation of the Director-General of the INEM. After that time limit without any express resolution, the grant application may be understood to be dismissed.

2. The administrative decision shall contain at least the following elements:

Relationship of approved works or services.

Naming of the global project.

Time to perform.

Amount of grant to grant.

Professional category, group or professional level of workers to contract as well as the contractual modality to be used.

Provincial geographic location of the work or service.

3. Prior to the recovery, the beneficiaries will have to prove, if they did not do so at the time of presentation of the project, certificate of the Ministry of Economy and Finance and the General Treasury of the Social Security of being current in the compliance with your Social Security obligations.

4. The beneficiary entities shall communicate to the Directorate-General of the National Employment Institute the receipt of the funds provided, with an indication of their allocation to their budgets.

Article 9. Hiring of workers.

1. The beneficiary entities, or, where appropriate, the contracting undertakings, shall apply from the Employment Office of the National Employment Institute concerned, the necessary unemployed workers, at least 15 days in advance of the start of the of the work or service.

2. The beneficiary or, where appropriate, the contracting entities shall hire the selected workers using, preferably, procurement procedures which allow for a greater volume of contracts and workers, provided that such formulas do not make it impossible or difficult to implement the project.

3. In the case of the absence of any of the contract workers, prior to the completion of the work or service, they shall be replaced by another worker of similar characteristics, upon request, to the corresponding Employment Office.

Article 10. Start of works or services.

The work or service shall be initiated, except in cases of force majeure established by the competent authority, or duly justified causes within 30 calendar days from the date of the start of the work or service. the decision granting the grant. The commencement of the work or service shall be accredited by certification issued, to the effect, by the requesting entity. If the time limit has elapsed, the work or service has not begun, or has not been initiated by reason of force majeure or duly justified cause, the Provincial Director of the National Employment Institute may issue a decision giving effect to the previous. In cases of force majeure or duly justified causes, which give rise to the delay in the commencement of the work or service, the new execution time limits may not exceed the period referred to in point (e) of Article 4 (1) of this Order.

Article 11. Transfer and justification of funds.

1. Initiated the work or service, the requesting entity shall present to the Provincial Directorate of the National Employment Institute the certification of the start of the work or service.

2. Received the above documentation, the Provincial Directorate of the National Employment Institute will transfer to the corresponding entity an amount equal to 50 per 100 of the total grant awarded.

The remaining 50 per 100 will be transferred when the requesting entity has certified the expense of the first 50 per 100 received in the items for which it was intended. To this end the Local Corporations will send to the Provincial Directorate of the National Institute of Employment certification of payment with express specification of the amount that corresponds to labor, cause of the grant awarded.

In the event that exceptional, duly justified causes, which determine the impossibility of execution within the calendar year of the financial year in which the grant was formalized, be exceeded, the transfer of the entire grant shall be made before 31 December of each calendar year, and the documentation certifying the initiation of the work or service referred to in Article 10 shall be submitted by the institutions in advance. This Order.

The Provincial Directorate of the National Employment Institute will require the Local Corporation to receive a corresponding certification of receipt of funds, each time their transfer takes place.

Article 12. Monitoring and control.

1. The beneficiary institution, within one month, computed from the completion of the work or service, shall present in the Provincial Directorates of the National Institute of Employment certification of the completion of the work or service, reintegrating, where appropriate, the National Institute of Employment, the unused funds. The communication of such reimbursement shall be forwarded to the Directorate-General of the National Employment Institute.

2. The beneficiaries must submit to the checks carried out by the National Institute of Employment and the Labour and Social Security Inspectorate, to those of financial control which correspond, where appropriate, to the intervention. General of the State Administration and those provided for in the legislation of the Court of Auditors, as well as those which may be carried out by the Commission and the Court of Auditors of the European Communities in the case of co-financing by the Social Fund European.

3. Failure to comply with this Order may, in the light of the nature and causes of the non-compliance, if appropriate, give rise to the full or partial recovery of the amounts which would have been received, with the corresponding interest, of agreement with the provisions of the recast text of the General Budget Law and the Rules of Procedure for the Concession of Public Grants approved by Royal Decree 2225/1993 of 17 December 1993, without prejudice to the provisions of Law 8/1988 of 7 April on Infractions and Sanctions in the Social Order.

In any event, in the event that the grant received is intended for different purposes for which it was granted, the National Employment Institute will issue a resolution agreeing to the full refund of the grant.

4. For the purposes of public dissemination, the works and services to be carried out on the basis of this Order shall be appropriately identified by each local authority or municipality. In the case of co-financing by the European Social Fund, the actions shall be the subject of information and publicity in accordance with the applicable rules.

Article 13. Evaluation of the programme.

1. After the end of the financial year, the beneficiary institution shall, within one month, provide the National Employment Institute with a detailed report on the works and services carried out, contracts concluded and professional practice acquired by the institution. workers.

The beneficiary entity shall also be required to provide information as required and in a manner determined by the National Employment Institute to carry out the assessment referred to in this Article.

2. In the first quarter of each year, the National Employment Institute shall assess the effectiveness of the public employment programme covered by this Order, to which the following criteria shall be taken into account:

a) Insertion of the participants in the labour market.

b) Training and professional experience acquired by the participants.

c) Socio-economic outcomes and job creation resulting from the implementation of projects of general interest and social interest under this Order.

(d) Other criteria specified in the relevant administrative resolution, in consideration of the characteristics of the local labour market in which the project is developed.

Article 14. Grant concurrency.

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 from other entities public or private, national or international, exceeds the cost of the activity to be developed by the beneficiary.

Additional disposition first. Order of 19 December 1997.

New wording is given to Article 6 of the Ministerial Order of 19 December 1997 laying down the basis for the granting of public subsidies by the National Institute of Employment in the field of collaboration with organs of the General Administration of the State and its Autonomous Communities, Autonomous Communities, Universities and non-profit institutions, which employ unemployed workers for the construction of works and services general and social interest.

" Article 6. Requirements and criteria for the selection of workers.

1. Workers who are employed for the construction of works and services and for which the grant of the National Employment Institute is awarded must be unemployed registered in the Employment Office.

2. The workers to be recruited shall be selected taking into account the following criteria:

a) Greater adequacy to the job position offered.

b) Disability condition of the employment claimant.

c) Level of unemployment protection for potential beneficiaries.

(d) Existence of family responsibilities, being understood by the unemployed worker to be employed, the spouse, children under the age of twenty-six, the elderly with disabilities or minors.

e) Age and condition of woman.

3. These criteria shall be applied in accordance with the form and procedure to be determined by the Resolution of the Director-General of the National Employment Institute. The above criteria shall be communicated to the report prior to its approval to the Provincial Executive Committee of the National Employment Institute and to the Autonomous Communities which have undertaken the transfer of services in the field of management of the public employment programme covered by this standard. However, among all the groups mentioned above, the long-term unemployed will have absolute preference. "

Additional provision second. Autonomous communities.

The Autonomous Communities that have undertaken the transfer of services in the management of the Public Employment Program of collaboration with local corporations for the hiring of unemployed workers in the carrying out works and services of general and social interest, may accommodate this standard to the specialties derived from its own organisation.

Additional provision third. Preferred activities.

The Director-General of the National Employment Institute may determine, in the light of developments in the labour market, activities which are considered to be preferential for the purposes of the subsequent approval of the draft works of general and social interest presented by the Local Corporations. The activities considered to be preferred shall be communicated to their report prior to their approval to the Provincial Executive Committee of the National Employment Institute and to the Autonomous Communities which have taken over the services in question. the management of the public employment programme covered by this standard.

Additional provision fourth. Of the contracts.

Work contracts made under this rule will be registered with the Employment Office with the indication of "Convention National Institute of Local Employment-Local Corporations".

Additional provision fifth. From the works and services affected to the Agrarian Employment Promotion Program.

1. The works and services carried out, on the basis of the collaboration established by this Order by Local Corporations, affected by the programme for the promotion of agricultural employment, will be subject to the existing rules on the same in relation to identification, location and selection of works and services, percentage of unemployed workers to be employed, selection of workers, duration of contracts and any other aspect contained in Royal Decree 939/1997 of 20 June, by The Council of the European Parliament, the European Parliament, the Council, the European Parliament and the Council investments by the Public Administrations in Andalusia, Extremadura and depressed rural areas, affecting the development of the partnership established in this Order.

2. In the territorial area of the Comarcales Councils of the National Institute of Employment, there are the Regional and Provincial Commissions of Follow-up with the composition and functions attributed in Chapter IV of Royal Decree 939/1997, of June 20, regulating the affectation to the programme of promotion of agricultural employment of credits for investments of public administrations in Andalusia, Extremadura and depressed rural areas.

Additional provision sixth. Extra duty.

The Rules of Procedure for the Concession of Public Grants, approved by Royal Decree 2225/1993, of 17 December, will be applied in a way that is expressly not regulated in this Order.

Additional provision seventh. Budget availabilities.

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

Transitional disposition. Project running.

Without prejudice to the provisions of the derogating provision, the works and services carried out under the provisions of the Order of 2 March 1994 laying down the basis for the award of grants by the National Employment Institute, in the field of collaboration with Local Corporations for the recruitment of unemployed workers in the performance of works or services of general and social interest, will continue to be governed by the same complete completion and issuance of the reports that the Order establishes.

Repeal provision.

The Order of 2 March 1994 ("Official State Gazette" of 14), laying down the basis for the award of grants by the National Institute of Employment, is hereby repealed in the field of collaboration with the Local corporations for the hiring of unemployed workers in the construction of works and services of general and social interest.

First disposition first.

The Director-General of the National Institute of Employment is hereby authorized to make the necessary provisions for the application and development of this Order.

Final disposition second.

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

Madrid, October 26, 1998.

BOCANEGRA SANDS