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Royal Decree 1684 / 1997, Of 7 November, Which Approves The Regulation Of Operation Of The General Council Of Vocational Training.

Original Language Title: Real Decreto 1684/1997, de 7 de noviembre, por el que se aprueba el Reglamento de Funcionamiento del Consejo General de FormaciĆ³n Profesional.

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TEXT

Since the creation of the General Council of Vocational Training by Law 1/1986 of 7 January, there have been a series of transfers in the field to the Autonomous Communities which have the corresponding competence by virtue of the constitutional and statutory provisions.

Therefore, it was necessary to modify the composition of the Council by giving input to the representatives of the Autonomous Communities and the cities of Ceuta and Melilla, which has been carried out by the new Law 19/1997, of June 9.

Thus, the new General Council for Vocational Training is set up as a tripartite consultative body with the participation of employers ' and trade unions and public administrations and, in addition, as an advisory body to the Government in the field of vocational training.

In the light of all this, it is necessary to adapt the operating rules of the General Council to Law 19/1997, as set out in its unique additional provision, to which the Council, with its new composition, is incorporated, Autonomous Communities, has proceeded to the drafting of its Rules of Procedure, a rule that must be approved by the Government.

In its virtue, on the proposal of the Ministers of Education and Culture and of Labour and Social Affairs, with the approval of the Minister of Public Administrations, in agreement with the Council of State, and after deliberation of the Council of Ministers at their meeting on 7 November 1997,

D I S P O N G O:

Single item.

1. The Regulation on the Functioning of the General Council for Vocational Training, set up by Law 1/1986 of 7 January, as amended by Law 19/1997 of 9 June 1997, which is annexed to this provision, is hereby approved.

2. Without prejudice to the provisions of the Rules of Procedure which this Royal Decree approves, it shall apply, in an additional manner, for the bodies of the bodies referred to in Chapter II of Title II of Law No 30/1992 of 26 November 1992. Legal framework for public administrations and the common administrative procedure.

Single repeal provision.

Royal Decree 365/1987, dated 27 February, was repealed with the approval of the Rules of Procedure of the General Council for Vocational Training.

Final disposition first.

The Ministers for Education and Culture and Labour and Social Affairs are authorised to report on the General Council for Vocational Training in order to lay down how many provisions are necessary for the development of this Royal Decree.

Final disposition second.

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

Given in Madrid on 7 November 1997.

JOHN CARLOS R.

The First Vice President of the Government

and Minister of the Presidency,

FRANCISCO ALVEZ-HELMETS FERNANDEZ

ANNEX

Rules of Procedure of the General Council for Vocational Training

SECTION 1-NATURE, FUNCTIONS AND COMPOSITION OF THE COUNCIL

Article 1. Nature.

The General Council of Vocational Training, attached to the Ministry of Labour and Social Affairs, is the consultative body and institutional participation of the public administrations and the Government's advisory services on vocational training.

Article 2. Functions.

1. It is for the General Council for Vocational Training:

(a) Develop and propose to the Government, for its approval, the National Vocational Training Programme, within whose framework the Autonomous Communities with powers in the management of that will be able to regulate their territory specific characteristics. For this purpose, economic memory shall be attached, specifying the origin and application of the financial resources.

(b) Evaluate and monitor the implementation of the National Programme and propose its updating where necessary, without prejudice to the powers of the Autonomous Communities in this field, to which the corresponding end is attached economic memory.

c) Inform the projects of curricula and titles corresponding to the various degrees and specializations of vocational training, as well as the certifications of professionalism in the field of vocational training occupational and, where appropriate, their academic or professional type-approval with the corresponding degrees of professional training, without prejudice to the powers of the State School Board in this field.

(d) to report on any issues which, on vocational training, may be submitted to you by public administrations.

e) To issue proposals and recommendations to the relevant public administrations in the field of vocational training, especially those related to the implementation of the National Vocational Training Programme.

f) Propose actions to improve career guidance, in particular those carried out in the field of the Ministry of Education and Culture and the Ministry of Labour and Social Affairs.

g) Evaluate and monitor actions that are developed in the field of vocational training.

2. For the purpose of carrying out its duties, the General Council for Vocational Training shall carry out the following

:

a) Develop your annual activity program.

b) Approve the annual memory of the elapsed exercise.

c) Develop possible amendments to the Rules of Procedure of the Council, which will be approved by the Government on a joint proposal from the Ministers of Education and Culture and Labour and Social Affairs.

(d) Other, identical or similar in nature, which are required by the proper functioning of the Council, in accordance with the Law and this Regulation.

Article 3. Composition.

The General Council for Vocational Training shall be composed of the President, the Vice-Presidents, the Vocals and the Secretary-General, who shall provide technical and administrative assistance.

SECTION 2.A OF THE COUNCIL PRESIDENT

Article 4. The President.

The presidency will be the responsibility of the Ministers of Education and Culture and of Labor and Social Affairs, who will perform it, alternately, for annual periods.

Article 5. Powers of the President.

1. Corresponds to the President of the General Council:

a) The formal representation of the Council.

(b) agree to the convening of ordinary and extraordinary sessions, as well as the fixing of the agenda, taking into account the requests made by the members of the committee in accordance with the provisions of Article 9, d) and 15.2 of this Regulation.

c) Chair the sessions and moderate the development of the debates.

d) Lead the vote in case of a tie.

e) Visar the minutes and certifications of the Council agreements.

(f) Ensure compliance with the provisions laid down in this Regulation.

2. The Minister for Education and Culture and the Minister for Labour and Social Affairs, when they hold the Presidency of the Council, may, respectively, delegate to the Secretary-General for Vocational Education and Training or to the Secretary-General for Employment, they will lose their status as advisers, if they have it, by moving on to their seat on the Council.

SECTION 3.A OF THE VICE PRESIDENTS

Article 6. The Vice-presidents.

There will be four Vice-Presidents, one for each of the groups that make up the Council, elected by and from among the Vocals of each group, within them, except in that of representatives of the General Administration of the State, in which the Vice-Chair shall, alternately, be the Secretary-General for Education and Vocational Training and the Secretary-General for Employment, for periods of annual periods in which the Chair of the Department is not present.

When the Secretary-General of Education and Vocational Training performs the vice-presidency on behalf of the General Administration of the State, he shall be replaced, in the post of Chief Executive, by his/her deputy. of the Ministry of Education and Culture. Similarly, when the Secretary-General of Employment exercises the Vice-Presidency in representation of the General Administration of the State, he shall be replaced, in the post of Chief Executive, by the corresponding alternate of the Ministry of Labour and Social.

Article 7. Powers of the Vice-Presidents.

Corresponds to Vice Presidents:

(a) Replace the President in the cases of vacancy, sickness, absence and other causes of impossibility, exercising the functions assigned to him.

b) Exercise the functions intrinsic to their condition as Vice-Presidents and Vocals, with the right to vote.

c) How many other functions are delegated to them by the President.

For the purposes of paragraph (a), the replacement for the presidency shall be on a rotating basis, annually, with the beginning of the shift by the Senior Vice-President, and continuing in a decreasing sense of age.

SECTION 4.A OF THE VOCALS

Article 8. The Vowels.

The Board will be composed of the following members:

1. Seventeen Vocals in the field of the General Administration of the State, representing:

(a) Ten representatives of the Ministries of Education and Culture and of Labour and Social Affairs, acting in their respective terms, alternately, the Secretary-General for Education and Vocational Training and the Secretary General Employment, when they do not have the Vice-Presidency corresponding to the General Administration of the State.

b) A representative for each of the Ministries of Defense, Economy and Finance, Industry and Energy, Agriculture, Fisheries and Food, Public Administrations, Health and Consumer Affairs, and the Environment, appointed by the holders of the respective Departments.

Vowels representing the General Administration of the State shall have at least the rank of Director-General.

2. Seventeen Vowels representing the Autonomous Communities, as well as a Vocal for each of the cities of Ceuta and Melilla.

The Vowels representing the Autonomous Communities, as well as those of each of the cities of Ceuta and Melilla, must have at least the rank of Counselor, or a dependent position of the same not inferior to that of the Director General.

3. Nineteen Vowels by the most representative business organisations under the Law.

4. Nineteen Vowels by the most representative trade union organizations under the Law.

Article 9. Competence of the Vocals.

1. Corresponds to the Vocals:

(a) Receive, at least forty-eight hours in advance, the notice containing the agenda of the meetings.

b) Attend meetings and participate in discussions, setting out their views and formulating proposals that they consider relevant.

c) Exercise their right to vote, as well as express the sense of their vote and the reasons that justify it.

The representatives of the public administrations will not be able to abstain in the votes.

d) To propose to the President, through the Secretariat of the Council, the inclusion of points on the agenda of ordinary sessions and to formulate questions and questions. When the proposal for inclusion on the agenda is presented by the fourth part of the Vocals or is agreed by the Standing Committee, the item will be included in the order of the day.

e) Request the necessary information to properly fulfill the functions assigned to the Council. To this end, they shall make in writing the appropriate request addressed to the General Secretariat or to request the Secretary-General orally during the course of the Council meetings.

2. Members may not be assigned to the functions of representation of the Council, unless expressly granted by a standard or by a validly adopted agreement, for each individual case, by the Council itself.

Article 10. Replacements.

1. The members of the Council may be replaced, in their meetings, in the event of absence or illness and, in general, where there is a justified cause, which shall be communicated in writing to the General Secretariat of the Council.

2. The alternates of the Public Administrations Vocals shall have at least the rank of Subdirector-General.

Article 11. Compensation.

For the performance of the functions of Vocals, the trade union and business organizations represented in the General Council shall be entitled to the perception of the compensation to be established by the Council of Ministers.

Article 12. Renewal.

1. The renewal of the composition of the Council shall take place every four years, taking into account the changes which have taken place in terms of representativeness in the relevant territorial areas of the organisations concerned. employers and trade unions.

2. The members of the General Council for Vocational Training and their alternates shall be appointed by the Minister for Labour and Social Affairs on a proposal from the respective ministerial departments and the competent bodies of the Autonomous Communities. and of the cities of Ceuta and Melilla, as well as of the most representative business and trade unions. In the same way it will be able to cease.

SECTION 5.A OF THE GENERAL SECRETARY

Article 13. The Secretary-General.

The Secretary-General of the Council shall be an official of the Ministry of Labour and Social Affairs, with the rank of Deputy Director-General or equivalent level, who shall act with a voice, but without a vote, appointed on a joint proposal of the Ministers for Education and Culture and for Labour and Social Affairs.

Article 14. Competence.

1. Corresponds to the Secretary-General:

(a) The management of the General Council's affairs, as well as the assistance to the General Council.

b) To call for the sessions, the appropriate notifications and citations on the order of the President.

c) Draft and sign, with the President's approval, the minutes of the meetings to be held.

d) Provide the Vocals with the necessary information and technical assistance for the best development of the tasks assigned to them.

e) Exorder certifications from approved queries, opinions, and agreements.

2. The General Secretariat is the sole addressee of the acts of communication of the Vocals with the Council and they must address all kinds of writings from which the General Council must be aware.

3. The Secretary-General shall have an alternate, official of the Ministry of Labour and Social Affairs, to be appointed on a joint proposal by the Ministers for Education and Culture and Labour and Social Affairs, who will replace him at the meetings. of the Council to which for any justified reason it is unable to attend.

GENERAL COUNCIL SECTION 6.A FUNCTION

Article 15. Operation.

1. The General Council shall function in full or in a Permanent Commission. It may also act in committees of work, when the plenary or the Commission so decides.

2. The General Council in plenary shall meet at least once a year or at the request of its President on its own initiative or at the request of a quarter of its members.

3. The Standing Committee shall meet monthly, as well as the President's own initiative or at the request of a quarter of its members.

Article 16. The plenary session.

1. The President, the Vice-Presidents, all the Vocals and the Secretary-General are composed of the Council.

2. The plenary shall be responsible for carrying out the tasks conferred on the General Council in Article 2 of this Regulation.

Article 17. The Standing Committee.

1. Make up the Standing Committee:

a) Five representatives of the General Administration of the State.

b) Five representatives of the Autonomous Communities and the cities of Ceuta and Melilla.

c) Five representatives of the most representative trade union organizations.

d) Five representatives of the most representative business organizations.

The representatives referred to in paragraph (a) shall be appointed by the Ministers of Education and Culture and Labour and Social Affairs between the Council Plenary Vocals belonging to these Departments. The representatives referred to in paragraph (b) shall be appointed as representatives of the Autonomous Communities and of the cities of Ceuta and Melilla in the Council's plenary session. The representatives referred to in paragraphs (c) and (d) shall be appointed by the trade unions and employers ' organisations, respectively, between those who are members of the Council's plenary session.

2. The General Secretariat of the Council shall communicate to its members other than the Standing Committee, the holding of meetings of the Standing Committee, in so far as the nature of the subjects submitted to it are of particular interest. The assistance will be of an advisory nature. Members of the Council who are not representatives in the Standing Committee will be in a voice but without a vote.

The General Secretariat will be notified in advance to the meetings of the Permanent Commission.

Article 18. Chair of the Standing Committee.

The Permanent Commission of the Council will be chaired by a Director-General of the Ministry of Education and Culture or the Ministry of Labour and Social Affairs, which has the quality of Vocal. It shall be designated by the President of the Council, alternately for annual periods and following the same order as the rotation of the Presidents of the Council.

He will act as Secretary of the Permanent Commission, with a voice but without a vote, the Secretary-General of the Council.

Article 19. Functions of the Standing Committee.

1. It corresponds to the Standing Committee:

(a) Monitor and monitor the implementation of the Council's plenary agreements.

b) Propose any measures deemed necessary for the best performance of the purposes of the Council.

c) How many other functions are entrusted to it by the Council plenary or are attributed to it in this Regulation.

2. The Standing Committee shall report its work to the Council's plenary session.

Article 20. Working committees.

1. The plenary session of the General Council or the Standing Committee may set up committees of work, with the number of representatives deemed necessary and subject to the same criteria of representative and organic composition as Permanent Commission, which will have as competence the conduct of studies and concrete proposals in the terms and deadlines that the organ that has constituted them.

2. The plenary or the Commission shall decide, in the form of the working committees, the number of experts, without the right to vote, that each party may appoint to advise him on the subjects to be dealt with. In addition, it will be possible to have the cooperation of other ministerial departments in the field of vocational training.

3. The working committees provided for in this Article shall give their work to the body which decided to set up their committees.

SECTION 7.A OF THE PLENARY AND STANDING COMMITTEE MEETINGS

Article 21. Calls.

1. The ordinary sessions shall be convened by the respective Presidents eight working days in advance, unless for reasons of urgency they must be convened on an extraordinary basis, in which case they may be convened with two calendar days of notice.

2. The calls shall indicate the day, time and place of the meeting to be held, as well as the agenda, and include, where appropriate, the appropriate documentation for their prior study.

3. The citation for the first call will include the second one.

Article 22. Constitution and arrangements for agreements.

1. The plenary session of the General Council and the Standing Committee shall be validly constituted when at least two-thirds of the members of the General Council and one of its members are at least one of its members.

The President may validly consider the plenary session of the General Council and the Permanent Commission, for the purpose of holding the session, if the representatives of the public administrations and the business and trade union organisations, to which the status of spokespersons has been attributed.

2. Agreements may be adopted only on points which are included on the agenda, except where all the parties making up the Council are represented, and their inclusion on the agenda is unanimously agreed. For the adoption of agreements the majority of the votes of the assistants will be required and the vote of the President will be directed.

3. The vote shall be individual and in accordance with the rules of internal functioning of the Council in accordance with Article 22.2 of Law No 30/1992 of 26 November 1992. The representatives of the public administrations will each have one vote and two each of the representatives of the business and trade union organizations.

4. A record shall be drawn up for each sitting, containing the indication of the persons in attendance, the persons who have spoken, the circumstances of the place and the time at which it has been held, the main points of the deliberation in a succinct and substantial, the form and results of the vote and the content of the agreements.

Vowels may record in the minutes their vote against the agreement or their abstention and the reasons for that.

The minutes will be written and signed by the Secretary-General, with the approval of the President, and the corresponding text of the minutes will be approved in the next session.

5. Any Vowel has the right to request the full transcript of his speech at each session, provided that he provides in the act the document that corresponds accurately and faithfully with his intervention, thus being recorded in the act and joining a copy authenticated from the document to the same.