The experience gained in the operation and management of the public procurement programme for unemployed workers by public bodies and non-profit organisations has proven to be effective in facilitating the practice of and improve the employability of the participating jobseekers. At the same time, services of general and social interest have been provided which have undoubtedly benefited the Community.

However, it is appropriate to make certain amendments which, on the one hand, facilitate the management of the programme. On the other hand, its reorientation is required, in line with the guidelines outlined by the European Commission to all the Member States of the European Union, channelling professional practice into activities and occupations that facilitate greater integration of the participants in this programme, and gaps still available in the labour market, capable of creating activity. Finally, as programmes supported by public funds are involved, it is necessary to measure the effectiveness of programmes in terms of promoting employment and the creation of activity within the framework in which they operate as well as the appropriate instruments to achieve this. vocational training and practice of those who benefit from the programme. For such purposes, this Order is answered.

In its virtue, and in use of the attribution conferred on Article 81, point six of the recast text of the General Budget Law, prior to the report of the State Legal Service in the Department, I have:

Article 1. Purpose of the grant.

The recruitment of unemployed workers for the execution of works and services of general and social interest in the field of collaboration with organs of the administration will be the subject of the subsidy regulated in this standard. General of the State and its autonomous bodies, Autonomous Communities, Universities and non-profit institutions, in accordance with the budgetary allocation to this end.

Article 2. Preferred coverage activities and occupations.

The Director-General of the National Employment Institute, before 30 October of each year, shall determine by administrative decision those activities and occupations which are considered to be preferential for the purposes of the approval. subsequent projects or works of general interest and social interest submitted by the entities mentioned above. That administrative decision shall be published in the Official Gazette of the State.

Article 3. Beneficiaries of the grant.

The entities included in Article 1 may be eligible for the grant, which shall be required to recruit unemployed workers for the execution of works or the provision of qualified services of general interest and social and have sufficient technical and management capacity for the implementation of the relevant project.

Article 4. The purpose of the public subsidies and the amount thereof.

1. The grants to be awarded shall be used for the financing of the labour costs of workers who, together with the requirements laid down in Article 6, are engaged in the execution of works and services of general interest and social.

2. The maximum amount of the grant to be paid by the collaborating entities shall be equal to the result of multiplying the number of unemployed workers employed for the number of months of the contract and the amount of the module which corresponds to the social security contribution group of the contract worker, as set out in the number 3 of this article.

The maximum amount shall be reduced proportionally on the basis of the working day, when contracts are concluded on a part-time basis.

3. The modules for each contribution group of contract workers shall be as follows:

Module A: The total wage costs to be subsidised by the National Employment Institute will amount to the monthly inter-professional minimum wage, which is in force each year, including the proportional share of two extraordinary payments and the corresponding contribution to Social Security for all the concepts corresponding to that minimum wage for each worker employed in the Social Security contribution groups 10 and 11.

Module B: Total wage costs to be subsidised by the National Employment Institute will amount to twice the monthly inter-professional minimum wage in force in each year, including the proportional share of two pages (a) the amount of the sum or the amount provided for in the Collective Convention for the application of the latter, as well as the contribution to social security for all the concepts for each worker employed within the social security contribution group, 9 to the 5 both inclusive.

Module C: Total wage costs to be subsidised by the National Institute of Employment will amount to three times the monthly inter-professional minimum wage in force in each year, including the proportional share of two pages (a) the amount of the sum or the amount provided for in the Collective Convention for the application of the latter, as well as the contribution to social security for all the concepts for each worker employed within the social security contribution group, 4 to the 1 both inclusive.

Article 5. Requirements and criteria for the selection of works and services.

1. The works and services to be performed must meet the following requirements:

(a) that they are works or services which are preferably carried out between the activities and occupations to be determined by the Director-General of the National Institute of Employment, as referred to in Article 2 of this rule, that is the territorial scope where the project is running.

(b) That they are executed or provided under direct administration.

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

d) To be executed or provided within the calendar year in which the grant is awarded.

2. From among the works and services that meet the requirements of the previous section, a selection will be made giving greater preference to:

a) Projects of greater general and social interest.

b) Projects that demonstrate a higher level of job insertion, either by direct incorporation of workers to the contributing entity at the end of the project or within the time agreed between the entity the National Employment Institute or any other employment insertion formula deemed sufficient by the National Employment Institute.

c) Projects co-financed by the applicant entities.

3. In no case shall the applications submitted by the non-profit institutions for the purpose of carrying out works be awarded.

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 preferred criteria for the selection of workers, subject to recruitment, shall be as follows:

a) Greater adequacy to the job position offered.

(b) Having greater family responsibilities, being understood by the unemployed worker to be hired, the spouse, children better than twenty-six years old, the disabled or the younger.

c) Being unemployed threatened with long-term unemployment.

Article 7. Application for the grant.

The grant award procedure will be initiated with the application to the Directorate General of the National Employment Institute, which will be formulated between 1 and 30 November of each calendar year, both inclusive.

The application, which will be formalized in the models set out in Annexes I and II of this Order, must be accompanied by the following documentation:

a) A certified photocopy of the identity card of the person who, in the name and representation of the entity, requests the grant of the grant as well as a mandate or representation power to act on behalf and representation of the entity.

(b) A certified public deed and statutes of incorporation of the applicant entity in which the absence of a profit is accredited, in the cases where the applicant is an entity of such a nature.

c) Global project of the set of plans of works and services to be carried out, containing the following aspects:

Naming, localization, and description of the plan.

Performances to perform.

Activity characteristics, duration, and number of contracts.

Job Generation Forecast.

Worker profile and hiring modes.

Cost of the plan, distinguishing between grant requested and, where appropriate, contribution from the contributing entity.

d) Memory of each work or service to be performed, containing the following aspects:

Denomination, location, and description of the work or service.

Costs of the work or service and contribution of the National Employment Institute and the contributing entity.

Duration of the work or service.

Workers ' profile to hire and hiring modalities.

e) Where appropriate, certification by the Ministry of Economy and Finance and the Ministry of Labour and Social Affairs to be aware of their tax obligations and social security.

Article 8. How to grant the grants.

1. The Director-General of the National Employment Institute shall, within three months of the end of the application period, give the decision as appropriate. 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 Ministry of Labor and Social Affairs of being current in the compliance with their tax obligations and in the face of social security.

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 receiving entities shall apply from the Employment Office of the National Employment Institute concerned, the necessary unemployed workers, 15 days in advance, at least, at the start of the work or service.

2. The beneficiary entities shall recruit the selected workers using, preferably, procurement arrangements to allow for a greater volume of contracts and workers.

3. In the absence of any of the contract workers, prior to the completion of the work or service, the contributing entity may replace it with another worker of similar characteristics, upon request, by means of an offer. generic, of the corresponding Employment Office.

Article 10. Monitoring and control.

1. The beneficiary institution shall communicate to the Provincial Directorate of the National Institute of Employment within 15 days of the grant, the start of the work or service according to the date fixed in the decision, by means of the certification of the start of work or service, with an indication of the number of unemployed workers employed for the work or service.

2. 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, certifying 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.

3. The beneficiary entities shall be subject 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 General Administration of the State 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 Fund European Social.

4. Failure to comply with the provisions of this Order may give rise to the nature and causes of the failure to comply, where appropriate, to the total or partial reimbursement of the amounts 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 the 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.

Article 11. 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 and professional practice acquired.

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 acquired professional experience.

(c) Socio-economic results derived from the implementation of projects of general interest and social interest under this Order.

First transient disposition.

For the purposes of Article 2 of this rule, within 30 days of the entry into force of this Order, the National Employment Institute shall, by means of a decision of the Director-General, publish the activities and occupations which are considered to be priorities for the approval of projects of general interest works and services, irrespective of the territorial scope of such projects.

Second transient disposition.

For 1998, the time limit for the submission of applications shall be 30 days from the date of publication of this standard. The Director-General of the National Employment Institute shall, no later than three months after the submission of the application, give the appropriate administrative decision.

Additional disposition first.

the Autonomous Communities that have taken over the transfers of services in the management of the public employment programme for the procurement by the organs of the State Administration and its autonomous bodies, Autonomous Communities, Universities and non-profit institutions, of workers unemployed for the performance of works or services of general interest may accommodate the present standard to the specialties derived from their own organization.

The provisions of the preceding paragraph shall not apply in the case of projects of works or services that exceed the territorial scope of the Autonomous Community and whose management corresponds to the State Administration in the exercise of their powers, or the provisions of Article 5.1.a).

Additional provision second.

The contracts to be concluded shall be recorded in the Employment Offices and must be marked as "Subsidy National Institute of Employment Order of 19 December 1997".

Additional provision third.

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

Additional provision fourth.

The grants referred to in this Order may be paid directly to the Ministries to which the self-employed bodies are attached to the unemployed workers, when the applications are signed by the bodies of the ministerial departments with competence in the field of personnel with regard to the self-employed bodies attached to them.

Additional provision fifth.

The provisions of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, Article 81 of the General Law, will be in accordance with the provisions of this Order. Budget, approved by Royal Decree No 1091/1988 of 23 September 1988 and Royal Decree 2225/1993 of 17 December 1993, approving the Rules of Procedure for the granting of public subsidies.

Repeal provision.

The provisions of this standard shall be repealed as far as provisions are concerned, and in particular:

(a) Order of the Ministry of Labour and Social Security of 13 April 1994 ("Official State Gazette" of 28), governing the award of grants by the National Employment Institute in the field of collaboration with organs of the State Administration and its autonomous bodies, Autonomous Communities, Universities and non-profit institutions, which employ unemployed workers for the performance of works and services of general and social interest as well as the rules that develop it.

(b) Order of the Ministry of Labour and Social Affairs of 4 June 1997 ("Official State Gazette" of 21) governing the award of grants by the National Employment Institute for the recruitment of Higher graduates by the State Administration, the Autonomous Communities and their respective autonomous bodies for the performance of 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 Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, December 19, 1997.

BOCANEGRA SANDS

ANNEX I

ANNEX II