The Spanish Constitution reserves the State, in Article 149.1.7. the exclusive competence in matters of labor law, without prejudice to its execution by the organs of the Autonomous Communities.

On the other hand, the Statute of Autonomy of Aragon, approved by Organic Law 8/1982 of 10 August, and reformed by Organic Law 6/1994, of 24 March, attributes in its article 37.1.13 to the Autonomous Community of Aragon the execution of the legislation of the State, in the field of labor.

Royal Decree 3991/1982, of 29 December, determines the rules and procedure to be followed by the transfer of functions and services of the State to the Autonomous Community of Aragon.

In accordance with the provisions of the Royal Decree cited, which also regulates the operation of the Joint Commission of Transfers provided for in the transitional provision sixth of the Statute of Autonomy of Aragon, this Commission adopted at its meeting on 15 March 1995 the appropriate Agreement, the practical virtue of which requires the Government to approve it by means of a Royal Decree.

In its virtue, in compliance with the provisions of the transitional provision sixth of the Statute of Autonomy of Aragon, on the proposal of the Minister for Public Administrations and after deliberation of the Council of Ministers in its Meeting of 7 April 1995,

D I S P O N G O:

Article 1.

The Agreement of the Joint Committee provided for in the sixth transitional provision of the Statute of Autonomy of Aragon is hereby approved for the purpose of establishing the functions and services of the State Administration which must be the subject of transfer to the Autonomous Community of Aragon in respect of the implementation of labour law, adopted by the plenary session of the said Commission, at its meeting on 15 March 1995, and which is to be transcribed as an annex to this Royal Decree.

Article 2.

Consequently, the functions and services, as well as the goods, rights, obligations, staff and budgetary appropriations which are related to the Commission's Agreement, are transferred to the Autonomous Community of Aragon. Mixed, in the terms specified there.

Article 3.

The transfers referred to in this Royal Decree shall be effective from the day indicated in the Agreement of the said Joint Committee, without prejudice to the fact that the Ministry of Labor and Social Security produces, until the in 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 had 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 The Ministry of Labour and the Ministry of Labour, and the Ministry of Labour and the Ministry of Labour and the Ministry of Labour, have set out the concepts set out in Section 32 of the General Budget of the State to finance the cost of the services undertaken by the Autonomous Communities. Social security, the respective certificates of credit retention, in order to comply with the The provisions of Law 41/1994, of 30 December, of the General Budget of the State for 1995.

Single end disposition.

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 April 7, 1995.

JOHN CARLOS R.

The Minister for Public Administrations,

JERÓNIMO SAAVEDRA ACEVEDO

ANNEX

Don Antonio Bueno Rodríguez and don José M. Hernández de la Torre y García, Secretaries of the Joint Commission provided for in the sixth transitional provision of the Statute of Autonomy of Aragon,

CERTIFICATE

At the plenary session of the Joint Committee, held on 15 March 1995, an Agreement was adopted on the transfer to the Autonomous Community of Aragón of the functions and services of the State Administration in the field of work (implementation of labour law), in the following terms:

A) Reference to constitutional, statutory and legal norms in which the transfer is covered.

Article 149.1.7. of the Constitution attributes exclusive competence to the State in matters of labor law, without prejudice to its execution by the organs of the Autonomous Communities.

On the other hand, the Statute of Autonomy of Aragon, approved by Organic Law 8/1982 of 10 August, and reformed by Organic Law 6/1994, of March 24, establishes in its article 37.1.13 that it corresponds to the Autonomous Community of Aragón the implementation of the legislation of the State in the field of employment.

Finally, the sixth transitional provision of the Statute of Autonomy of Aragon and Royal Decree 3991/1982 of 29 December 1982 lay down the rules governing the manner and conditions to which the transfers of functions and services of the State to the Autonomous Community of Aragon, as well as the functioning of the Joint Commission of Transfers.

On the basis of these constitutional and statutory provisions, it is appropriate to carry out the transfer of functions and services, as well as the means attached to them, in respect of the implementation of labour law, to the Community. Autonomous region of Aragon.

B) Functions of the State that the Autonomous Community assumes and the identification of the services that are transferred.

The Autonomous Community of Aragon will exercise within its territorial scope the following functions and services which, in the field of work, was carried out by the State Administration:

(a) Know, process and resolve files relating to the following subjects:

1. The reception of the communication of the opening of the work centers or the resumption of the work after making alterations, extensions or transformations of importance in the premises and facilities of those.

2. Receipt of the communications of the companies regarding the regular performance of night work.

3. Functions of the Administration in terms of working time and working hours and weekly rest and overtime.

4. Determination of local labour parties and the replacement of parties referred to in Article 45 of Royal Decree 2001/1983 of 28 July 1983, as amended by Royal Decree 1346/1989 of 3 November 1989.

5. Work of minors.

6. Duties of the labour authority for the suspension of the transfer of workers.

7. Functions of the Administration of Work in the Field of Dining and Economates.

8. Authorisation of temporary work undertakings.

b) In the field of safety and hygiene at work:

1. The audit, through the Inspection of Work and Social Security, of the prevention of accidents and safety and hygiene at work.

2. The reception of the parts of accidents at work and occupational diseases.

c) Regarding collective relationships of work:

1. The tasks of the Ministry of Labour and Social Security in the field of collective agreements and agreements, the area of which does not exceed that of the Community. In the case of files for the extension of collective agreements, such competence shall be exercised in accordance with the territorial scope for which the extension is intended, irrespective of the scope of the convention to be extended. These tasks shall be carried out by observing the general conditions or limitations which, where appropriate, may be laid down by appropriate state legislation.

2. In the field of strikes and lockouts, the Autonomous Community will know of the declarations of strike and closure, receiving the communications to the effect.

3. With regard to the representation of workers in undertakings, the Community shall know and decide on the files for which the employment authority has jurisdiction.

d) Inspection and sanction:

1. The Labour and Social Security Inspectorate will fill in the services which, within the framework of functions and competences of this body, entrusts the Autonomous Community.

2. The exercise of the power to impose the penalties provided for in Law 8/1988 of 7 April on infringements and sanctions of a social order is transferred to the Autonomous Community of Aragon within the scope of its jurisdiction.

e) In mediation, arbitration, and reconciliation:

1. The management of mediation functions in collective bargaining or disputes of a working nature. The management of the functions of arbitration of labor disputes, both individual and collective, that employers and workers can submit to the organs created to address them. The conciliation prior to the processing of the labor procedures before the Courts of the Social.

2. The deposit of the statutes of the trade unions, employers ' associations and civil servants, as well as the registration and deposit of the minutes relating to the elections of representative bodies in the undertaking and the related data the representativeness of the business bodies and the functions inherent in the issue of certificates of deposit documentation.

3. The functions attributed to the administrative bodies, in relation to the collective conflicts by Articles 19.1 and 153.1 of the Law of Labor Procedure (recast text approved by Royal Legislative Decree 521/1990, of 27 April).

f) In the field of employment regulation files:

1. The instruction and resolution of employment regulation files to authorize reductions in working hours, suspensions and extinctions of labor relations based on economic, technical, organizational, production and force majeure.

2. The files referred to in the preceding paragraph, opened by those undertakings in which all the work centres and employees of its staff are located within the territory of the Community, shall be instructed and determined in the first instance. (a) the administrative route in this field should be exhausted, and by means of appeal by the Autonomous Community's labour authority. Notwithstanding the foregoing, in cases opened by undertakings whose staff exceeds 500 employees, the investigating authority of the administrative file shall be required to obtain a preliminary report from the State Administration.

3. Where, in the case of enterprise centres located outside the territorial scope of the Autonomous Community of Aragon, the application deducted from the file affects only the centres of work or workers located in that area, the competition In order to instruct and resolve the file it shall be the responsibility of the Community's labour authority. In order to allow the competent authority to take into account the time to resolve, the possible repercussions which the file may have on the work of the competent authority outside the Community will be obtained, the State Administration, who, in turn, may request it from the Autonomous Communities in which they radiate the other work centres. This report, which will be exclusive to that specific aspect, will not be binding.

4. The time limits for the resolution of the files shall be, in any case, those set out in general by the legislation in force without any suspension, extension or delay of the files on the basis of the transfers provided for in this Agreement.

For the purposes of the calculation of the templates referred to in this Agreement, all workers who provide services in the undertaking shall be included on the day on which the file is initiated, be they fixed as a template, possible, interim or contracted by any of the procedures authorized by the legislation in force.

5. The mandatory reports referred to in this Agreement, whether from the State Administration or the Autonomous Communities, shall be requested within three days of the completion of the file and shall be required to act. held by the competent authority to settle at least five days before the end of the period laid down in order to issue a decision. The absence of such mandatory reports shall not preclude the decision of the file by the competent authority, nor shall it determine the nullity of the proceedings provided that it is satisfied that they have been requested in due time and form.

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

They will be developed in coordination between the State Administration and the Community Administration, in accordance with the mechanisms that, in each case, are indicated, the following functions:

(a) The Community shall provide the State Administration with statistical information on the exercise of the functions transferred, in accordance with the existing methodology or the one which, where appropriate, the State Administration establishes, This means that their coordination and integration with the rest of the statistical information at the State level is ensured. For its part, the State Administration shall provide the Community with the information drawn up on the same matters.

(b) In the case of employment regulation files, in cases where the application is concerned with work centres or workers located within and outside the territory of the Community, the following rules shall be complied with:

1. If at least 85 per 100 of the company's staff is located within the territorial scope of the Community and there are workers affected by it, the Community's labour authority shall record the file by transferring it to the State administration simultaneously with its registration and will instruct it until the procedural moment to resolve, in which it will formulate a motion for a resolution before the State Administration. The latter, which may obtain a report from other Autonomous Communities in the territories of which the workers concerned serve, shall make a decision whose content shall be limited to accepting or rejecting the proposal referred to in paragraph 1. above, the reasons for rejection should be specified in the second case. The motions for resolutions must be registered with the State Administration at least five days before the deadline set for the resolution.

2. Where the case file does not affect workers located within the Community or the establishment plan of the undertaking which is located in that territorial area is less than the percentage referred to in the preceding paragraph, the file shall be instructed and In the first and successive instances, the State Administration has decided to seek a report from the labor authorities of other Autonomous Communities in which they serve workers affected by the file.

c) In those cases where the early retirement of workers whose competence resides in the Community is proposed, the Community may have sufficient funds to finance it, for which the Community may have up to their limit of the amounts that the State Administration has free of charge for that purpose. This is without prejudice to the competence of the Community to enable funds from their budgets to subsidise this type of retirement.

In any case, the Community will have to respect and comply with the rules on financing, guarantees and computer systems established for the early retirement system.

(d) The Community shall provide the State Administration with individual information on each of the employment regulation files submitted or resolved.

D) Functions and services that continue to correspond to the State Administration.

The following functions will continue to be exercised by the corresponding organs of the State Administration:

(a) Those relating to internal and external migration, funds at national level and employment, without prejudice to the state rules on these matters.

b) High inspection.

c) Statistics for state purposes.

d) In terms of job regulation, case instruction and resolution in the following cases:

1) Employment regulation issues relating to exceptional or collateral claims agreed upon by the Government of the Nation as provided for in Articles 5, e) and 37 of the Official Credit Act or standard replace.

2) Companies belonging to the State Heritage and, in general, those that have the status of state companies in accordance with the General Budget Law.

3) Companies directly related to the national defense and those whose production is declared of national strategic importance by means of law.

4) In those files whose competence is reserved to the Ministry of Labor and Social Security, this preceptively will request the report of those Autonomous Communities where they radiate the affected work centers.

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

The goods, rights and obligations referred to in the attached relation number 1 are transferred to the Autonomous Community of Aragon, in the terms that are included in it.

Within one month of the publication of the Royal Decree approving this Agreement, the corresponding minutes of delivery and receipt of furniture, equipment and inventoried material will be signed.

F) Staff assigned to the services being transferred.

The staff assigned to the services transferred, and which are referred to in the attached relation number 2, will become dependent on the Autonomous Community of Aragon, in the legally provided terms, in the same the circumstances specified in the attached relationship and their number of personnel records.

The Ministry of Labor and Social Security will notify those interested in the transfer and their new administrative situation, as soon as the Government approves this Agreement by Royal Decree. A certified copy of all the files of such staff transferred, together with the certificates of holding, shall be sent to the competent bodies of the Autonomous Community of Aragon, in respect of the amounts due in 1995, by the State Administration to modify the organic and budgetary templates according to the operated transfers.

G) Job vacancies that are moved.

The job vacancies, which are budgeted for the budget, are detailed in the attached ratio number 3, with an indication of the corresponding budgetary allocation.

H) Valuation of the financial burdens of the services transferred.

1. The final assessment of the actual cost, which, in pesetas of 1990, corresponds to the means allocated to the functions transferred to the Autonomous Community of Aragon, is increased to 292,563,668 pesetas.

2. The financing, in pesetas of 1995, which corresponds to the effective annual cost of the transfer of media, is detailed in the ratio number 4.

3. The effective cost as detailed in the assessment tables for the ratio number 4 shall be financed as follows:

Transiently, until the effective cost is computed to review the percentage of the Autonomous Community's participation in the State's revenues, the total cost will be financed through 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 to be determined, which are subject to updating by the general mechanisms provided for in each Budget Law.

Any differences arising during the transitional period, as referred to in the preceding paragraph, in respect of the financing of the transferred functions, shall be the subject of regularisation, where appropriate, of the closure of the financial year by means of the presentation of the accounts and supporting statements relating to a winding-up committee, which shall be set up in the Ministry of Economic Affairs and Finance.

I) Documentation and records of the services being transferred.

The delivery of the documentation and files of the services transferred will be made within three months from the entry into force of the Royal Decree approving this Agreement and will take effect by the appropriate minutes of delivery and receipt, authorised by the competent authorities in each case.

The files submitted in the Ministry of Labor and Social Security prior to the date of effectiveness of this Agreement shall be resolved in accordance with the provisions of Article 20.1 of Law 12/1983, of 14 October, the Autonomous Process.

J) Transfer effectiveness date.

The transfer of functions and services, which is the subject of this Agreement, will be effective from 1 May 1995.

And for the record, we issued this certification in Madrid on March 15, 1995. -The Secretaries of the Joint Commission, Antonio Bueno Rodríguez and José María Hernández de la Torre and García.

(OMITHIDES RELATIONSHIPS)