The Constitution, in article 149.1.13.a reserve to the State exclusive competence on the bases and coordination of the general planning of economic activity, establishing in the same article 149.1.7.a that the State has exclusive competence in matters of labour law, without prejudice to its implementation by the bodies of the Autonomous Communities.

The Statute of Autonomy of Catalonia, approved by Law 4/1979, of 18 December, has in its articles 12.1 and 11.2 which corresponds to the Generality, in the terms laid down in Articles 38, 131 and 149.1.11.a and 13.a of the Constitution, the planning of the economic activity of Catalonia and the execution of the legislation of the State in labor matters, assuming the faculties, competences and services that in this field and level of execution currently holds the State. In addition, Article 15 of the Statute of Autonomy itself provides that it is the full responsibility of the Generality for the regulation and administration of teaching throughout its extension, levels and degrees, modalities and specialties, in the field of its powers without prejudice to the provisions of Article 27 of the Constitution and Organic Laws which, in accordance with the first paragraph of Article 81 of the Constitution, develop it; the powers conferred on the State by Article 149.1.30.a of the Constitution and the high inspection necessary for its compliance and guarantee.

Consequently, it is appropriate for the Autonomous Community to assume the functions of the management of the work, the employment and the training that the State Administration has been carrying out.

The Joint Committee provided for in the sixth transitional provision of the Statute of Autonomy of Catalonia, in order to proceed with the transfer, adopted the appropriate Agreement at its plenary session on 3 June. 1997, the practical virtue of which requires its approval by the Government through Royal Decree.

In its virtue, in compliance with the provisions of the transitional provision sixth of the Statute of Autonomy of Catalonia, on the proposal of the Minister of Public Administrations, and after deliberation by the Council of Ministers in its meeting of 27 June 1997,

D I S P O N G O:

Article 1.

The Agreement of the Joint Commission on Transfers provided for in the sixth transitional provision of the Statute of Catalonia adopted by the Plenary on 3 June 1997, for which they are transferred to the Generality of Catalonia, is approved the functions and services in the field of work management, employment and training, and which is transcribed as an annex to this Royal Decree.

Article 2.

Consequently, the functions and services as well as the goods, rights, obligations, personal means and corresponding budgetary appropriations are transferred to the Generality of Catalonia in the terms that result from the Agreement and the annexed relations.

Article 3.

The transfer referred to in this Royal Decree shall be effective from the date specified in the Agreement of the said Joint Committee, without prejudice to the National Employment Institute (INEM), or other competent bodies produce, until the entry into force of this Royal Decree, where appropriate, the administrative acts necessary for the maintenance of the services in the same system and level of operation as they were at the time of the adoption of the Agreement.

Article 4.

The budgetary appropriations to be determined, in accordance with the Annex's No 4 ratio, shall be discharged in the corresponding budgetary concepts and transferred by the Ministry of Economy and Finance to the These concepts are set out in Section 32 of the General Budget of the State, which are intended to finance the cost of services undertaken by the Autonomous Communities, once they are referred to the Department by the Budget Office. Ministry of Labour and Social Affairs, the respective certificates of retention of credit, in order to comply with the provisions of the current regulations on general government budgets for 1997.

Single end disposition.

This Royal Decree will be published simultaneously in the "Official Gazette of the State" and in the "Official Journal of the Generality", taking effect from its publication.

Given in Madrid to June 27, 1997.

JOHN CARLOS R.

The Minister of Public Administration,

MARIANO RAJOY BREY

ANNEX

Doña Rosa Rodríguez Pascual and don Jaume Vilalta i Vilella, Secretaries of the Joint Commission of Transfers Administration of the State-Generality of Catalonia, provided for in the sixth transitional provision of the Statute of Autonomy Catalonia,

CERTIFICATE

At the plenary session of the Joint Committee on Transfers, held on 3 June 1997, agreement was adopted on the transfer to the Generality of Catalonia of the functions and services in the field of work management, employment and employment. training, in the following terms:

(A) Constitutional, statutory and legal rules in which the transfer is covered.

The Constitution, in Article 149.1.13.a, reserves the State exclusive competence on the bases and coordination of the general planning of economic activity, establishing in the same article 149.1.7.a, that the State has exclusive competence in matters of labour law, without prejudice to its implementation by the bodies of the Autonomous Communities.

Article 149.1.30.a of the Constitution establishes the exclusive competence of the State to regulate the conditions for obtaining, issuing and approving academic and professional titles and basic standards for the development of Article 27 of the Constitution; Article which recognises, for its part, the role of the public authorities in the general programming of the teaching, inspection and approval of the education system, in order to ensure compliance with the the laws.

The Statute of Autonomy of Catalonia, approved by Law 4/1979 of 18 December, establishes in its articles 12.1 and 11.2 that it corresponds to the Generality of Catalonia in the terms of the provisions of Articles 38, 131 and 149.1.11.a and 13.a of the Constitution, the planning of the economic activity of Catalonia and the execution of the legislation of the State in labor matters, assuming the faculties, competences and services that in this field and level of execution currently holds the State. In addition, Article 15 of the Statute of Autonomy itself provides that it is the full responsibility of the Generality for the regulation and administration of teaching throughout its extension, levels and degrees, modalities and specialties, in the field of its powers, without prejudice to the provisions of Article 27 of the Constitution and Organic Laws which, under the first paragraph of Article 81 of the Constitution, develop it; the powers conferred on the State by Article 149.1.30.a of the Constitution and the high inspection necessary for its compliance and guarantee. It is therefore appropriate for the Autonomous Community to assume the functions of management of the work, employment and training which the State Administration has been carrying out.

B) Functions and services of the State Administration that assumes the Generality of Catalonia.

The management functions which, in the field of work, employment and training, are carried out by the National Institute of Employment (INEM) are transferred to the Generality of Catalonia and, consequently, the Autonomous Community assumes, within its territorial scope, the functions and services corresponding to that management, and in particular those listed below:

1. In the field of intermediation in the labour market.

(a) The functions of execution, in matters of employment intermediation, and in particular those referred to in Article 42 (2) and (3) of Law 51/1980, of 8 October, Basic Employment, on the registration and registration of the job seekers, and the obligation of the workers to communicate the termination of the contract of employment.

(b) The implementing functions relating to the obligation for employers to register or, where appropriate, to communicate employment contracts, as laid down in Article 16.1 of the Royal Decree of 24 March 1995, for which the recast text of the Law on the Workers ' Statute is adopted, as well as the communication to the Employment Office of the termination of the employment contract, in accordance with Article 42.3 of Law 51/1980, of 8 October, Basic Employment.

(c) The authorization of the placement agencies, whose scope of action does not exceed that of the territory of the Generality of Catalonia, in the terms provided for in Article 16.2 of the Royal Legislative Decree 1/1995, of March 24, approving the recast text of the Law of the Workers ' Statute and Royal Decree 735/1995 of 5 May, which regulates non-profit placement agencies and integrated services for employment.

In the case of placement agencies whose activity is not limited to the territorial scope of Catalonia and, consequently, their authorization to this Autonomous Community does not correspond, a mandatory report of the Generality of Catalonia, prior to its authorization by INEM. The authorization of the agencies of placement by the INEM, with respect to the territorial scope of this Autonomous Community, must be adopted respecting the operational criteria established by the Generality of Catalonia in its territorial scope.

(d) The functions of INEM in the territory of the Generality of Catalonia, relating to the activities of the EURES Network (European Employment Services), as defined in the Decision of the European Commission of 22 October 1993 (" Journal Official of the European Communities (L-274/32).

In any case, the information system supported by the IT network and the EURES database, administered directly by the European Commission (DGV), will be used, with the coordination between the Euroadvisers of the Generality of Catalonia and those integrating the rest of the state EURES network.

The INEM will incorporate the financing of the activities planned by the Euroadvisers of the EURES Network in Catalonia to the Financing Agreement which, annually, subscribes with the European Commission.

2. Functions of management and control of employment policies.

(a) The management and control actions, in the field of Catalonia, of the grants and public support of the employment policy, which the State Administration grants through the National Institute of Employment (INEM), and which identify in the attached ratio number 1.

(b) The organisation and articulation in the field of Catalonia, of the Conventions with the associated entities of the integrated services for employment, in the terms provided for in Title II of Royal Decree No 735/1995 of 5 May 1995, regulating the non-profit placement agencies and the integrated services for employment, and the Order of 10 October 1995.

c) The management and control of the national programs of Schools-Workshop and Houses of Trades, regulated in the Order of the Ministry of Labor and Social Security of August 3, 1994. It includes the programming, organization and management of the actions, as well as the approval of the Schools-Workshop and Houses of Trades and the issue of the corresponding certificates of professionalism, all according to the conditions In accordance with the provisions of the Organic Law 1/1990 of 3 October, the General Ordination of the Educational System and the basic and specific rules that will be dictated.

d) The Generality of Catalonia shall exercise in its territorial scope the functions, attributed to INEM, except those relating to unemployment benefits, relating to the Employment Promotion Funds provided for in the Royal Decree 335/1984 of 8 February 1984 on the Funds for the Promotion of Employment and the Order of 19 June 1986 on the Special Register of the Funds for the Promotion of Employment and the Inspection and Control of the Funds by INEM.

e) The Generality of Catalonia will manage funds from grants that are not part of the cash cost, in accordance with the general rules of the State.

3. National centres of occupational vocational training.

The ownership of the two national occupational training centres located in Sant Feliu de Llobregat (street Hospitalet, no number, road Nacional II) and l' Hospitalet de Llobregat (Cobalto street, no number). Such centres will continue to carry out, through the corresponding financing by INEM, the tasks assigned to them by Article 17 et seq. of Royal Decree 631/1993 of 3 May, the regulator of the National Plan of Vocational training and integration.

To this end, the Coordination and Guimiento Committee, which is set up under section C) .5, of this Agreement, will articulate the precise mechanisms to ensure an adequate collaboration between the two administrations.

4. Provincial Executive Committees and Commissions for the Monitoring of Labor Contracts.

The Generality of Catalonia will appoint the President and one of the Vocals representatives of the Public Administration in the INEM Provincial Executive Commissions, in each of the four provinces that make up the Generality of Catalonia (Barcelona, Tarragona, Lleida and Girona).

In addition, the Generality of Catalonia will exercise, in the field of this Autonomous Community, the functions attributed so far to the National Institute of Employment in the Commissions for the Monitoring of Labor Contracts, regulated in Royal Decree 355/1991 of 15 March 1991.

5. Sanctioning power.

The Generality of Catalonia will exercise the functions of execution relating to the fulfilment of the obligations of employers and workers, and, where appropriate, the sanctioning power, in matters relating to employment and unemployment in the terms that the legislation of the State establishes.

To order the exercise of these activities will be what is available in the Supplementary Agreement to this transfer.

C) Concurrent and shared functions between the State Administration and that of the Autonomous Community and institutional forms of cooperation.

1. Exchange of information and permanent cooperation, aimed at achieving better knowledge of the labour market, guaranteeing the compensation of offers and demands between offices, the principles of equal rights, free movement, discrimination and work throughout the national territory for workers.

2. The recording and processing of information derived from actions relating to the functions of intermediation in the labour market shall in any event ensure the transparency and accessibility of the State Employment Public System, establishing a communications methodology that allows for effective coordination and ensures a national information system, the overall management and coordination of which is the responsibility of the National Employment Institute. Such a system will at all times allow for the transparency and validity of information and equal access for users and managers.

3. In order to ensure the current level of use of statistics for state purposes, the Generality of Catalonia will provide INEM with information to enable it to compile statistics on the exercise of the transferred functions, following the functions transferred, in accordance with the current definitions or those which, where appropriate, are established by the Coordination and Monitoring Committee referred to in paragraph 5 of this paragraph, in such a way as to ensure their coordination and integration with the rest of the statistical information at the state level. For its part, the INEM will provide the Generality of Catalonia with the information elaborated on the same subjects.

4. This cooperation between the two administrations will in any case guarantee the coordination between the management, payment and control of unemployment benefits and the monitoring of the collective of jobseekers, to whom the policies of (i) employment being transferred

5. In order to ensure the proper coordination referred to in this Agreement, a Commission for Coordination and Monitoring, of Joint Composition and consisting of six persons, shall be set up: Three designated by the State Administration and three by the Administration of the Autonomous Community.

By the appropriate agreement between the two administrations, the functions and operating arrangements of that Commission shall be regulated.

D) Goods, rights and obligations of the State that are transferred.

1. They are transferred to the Generality of Catalonia, for the effectiveness of the functions that are the object of the transfer, the real estate and rights that are detailed in the attached relation number 2.

2. Within one month of the date of the effectiveness of this Agreement, the corresponding records for the delivery of buildings and the reception of furniture, equipment and inventoried material shall be signed.

E) Personal that is transferred.

1. The personal means to be transferred are referred to nominally in the attached relation number 3, and they will become dependent on the Generality of Catalonia in the terms legally provided for by the Statute of Autonomy and other rules in each case and in the same circumstances as specified in their personnel files.

2. The Ministry of Labor and Social Affairs will notify those interested in the transfer, as soon as the Government approves this Agreement by Royal Decree. In addition, a certified copy of all the files of this past staff will be sent to the competent authorities of the Generality of Catalonia, as well as the certificates of haberes referring to the amounts accrued during 1997.

3. With regard to the staff being transferred, and which may be affected by the Employment Plan of the National Employment Institute, approved by Resolution of the Secretariat of State for Public Administration of 19 June 1995 ("Official Journal of the European Union"). State " of 23), its incorporation into the Public Service of the Generality of Catalonia will be carried out in the terms that result from the execution of the same, according to the specifications established in the Supplementary Agreement to the present transfer.

F) Job vacancies that are transferred.

The job vacancies that are transferred are listed in the ratio number 4.

G) Valuation of financial charges for functions and services that are transferred.

1. The valuation of the cash cost which, in pesetas of 1996, corresponds to the services transferred to the Generality of Catalonia, is provisionally elevated to 4,168,923,045 pesetas.

2. The financing in pesetas of 1997, which corresponds to the annual effective cost of the services transferred, is detailed in the ratio number 5.

3. The actual cost as detailed in the assessment tables for the ratio number 5 shall be financed as follows:

Transiently, until the moment the effective cost is computed to review the percentage of the Autonomous Community's participation in the State's revenues, this cost will be financed by consolidation in Section 32 of the General Budget of the State, of the appropriations relating to the various components of the effective cost, for the amounts which are determined to be updated by the general mechanisms provided for in each budget law.

Any differences arising during the transitional period referred to in the preceding paragraph, in respect of the financing of the transferred functions, shall be subject to the adjustment, where appropriate, to the closing of the financial year. (a) the economic activity of the Member State in which the financial institution is responsible for the purposes of the financial institution;

4. As a one-time delivery, the amount of 72,248,872 pesetas, in terms of execution costs and management of the renovation work of the new headquarters of the Bureau of Employment of Tarrasa, is transferred to the Generality of Catalonia.

H) Transfer effectiveness date.

The transfer of functions and services covered by this Agreement shall be effective from 1 January 1998.

And for the record, this certification is issued in Madrid at 3 June 1997. -The Secretaries of the Joint Commission, Rosa Rodríguez Pascual and Jaume Vilalta i Vilella.

NUMBER 1 RELATIONSHIP

Current relationship of regulatory standards for the different grants awarded by the National Employment Institute for Employment Promotion

1. Order of 2 March 1994 laying down the basis for the grant of grants by INEM, in the field of collaboration with local authorities, for the recruitment of unemployed workers in the construction of works and services of general and social interest, developed by the Resolution of 31 May 1994.

2. Order of 9 March 1994 laying down the basis for the granting of aid by the Instituto Nacional de Empleo, for the purpose of carrying out checks on professionalism, professional information, guidance Professional search for employment, by entities and non-profit-making institutions.

3. Directive of 12 April 1994 regulating the Local Employment and Employment and Local Development Agents and laying down the regulatory basis for the award of grants and aid to the local employment and employment initiatives recruitment of Employment and Local Development Agents.

4. Order of 13 April 1994 regulating the granting of grants by the National Institute of Employment in the field of collaboration with organs of the State Administration and its Autonomous Communities, Autonomous Communities, Universities and non-profit institutions, which employ unemployed workers for the construction of works and services of general and social interest.

5. Order of 13 April 1994 laying down the basis for the granting of subsidies consisting of the payment, to workers making use of the right provided for in Article 1 of Royal Decree No 1044/1985 of 19 May 1994, of 19 December 1994, Article 4.2 of the Royal Decree, as amended by Law 22/1992, of 30 July.

6. Order of 13 April 1994 in respect of the granting of aid and grants for the indefinite recruitment of disabled workers as laid down in Chapter II of Royal Decree 1451/1983.

7. Order of 3 August 1994 regulating the programs of Schools-Workshop and Houses of Trades, the Units of Promotion and Development and the Centers for Business Initiative and establishing the regulatory bases for the granting of the public subsidies to these programmes, developed by the Resolution of 7 July 1995.

8. Order 10 October 1995 for the development of Title II of Royal Decree 735/1995 of 5 May 1995 on non-profit placement agencies and the Integrated Services for Employment, the Integrated Services Plans for Employment.