The Order of 28 February 1986 governing aid for internal migration has been revealed as a valid instrument for the exercise of the powers conferred on it by the Directorate-General for Internal Migration. General of Migration under Royal Decree 1458/1991 of 11 October. However, further changes that have been made in the Spanish legislative field suggest a more appropriate regulation that will be in tune with the new criteria for granting subsidies the recast of the Law. General Budget, approved by Royal Decree 1091/1988 of 23 September 1988 (Articles 81 and 82, as amended by Article 16.3 of the General Budget Law for 1991), as with those of Law No 30/1992 of 26 November 1992, (a) the Legal Regime of the General Administration and the Common Administrative Procedure, as also with those others who come from Royal Decree 2225/1993 of 17 December, approving the Rules of Procedure for the granting of public subsidies.

In its virtue, this Ministry of Social Affairs, prior to the report of the State Legal Service in the Department, has the right to have:

PROGRAM 1. AID FOR THE MOVEMENT OF WORKERS

1.1 Travel expense aids

First. Purpose and purpose of the aid.-To facilitate the posting of the unemployed person from the place of residence to that of the new employment.

Second. Beneficiaries. -1. These aid may be granted to unemployed workers who have to move from the place of residence to another town to fill jobs previously offered by the employer when the place of employment is is located more than 200 kilometers.

2. Where the duration of the contract is less than one year, they shall be entitled to this aid in addition to the worker, the children of that age of 15.

3. Where the contract is of a duration equal to or greater than one year, all family members of the worker shall be entitled to the aid.

4. In cases where the employment contract is of a duration equal to or greater than six months, workers and their family members shall not be entitled to such aid where their annual gross salary exceeds two and a half times the minimum wage. interprofessional for over eighteen years in annual computation.

Third. Type of aid. -1. The aid shall consist of providing the worker and his/her family with the free movement of the outward journey by the delivery of travel vouchers redeemable for transport tickets of those entities with which the Ministry of Foreign Affairs Social partners through the Directorate General of Migration subscribe to agreements according to the sixth point of this Order. The amount of this aid shall be fixed in the relevant agreements.

2. Exceptionally, by means of a reasoned decision, aid may be granted for the return to workers with contracts of less than six months ' duration, provided that they have not enjoyed such assistance for the outward journey.

3. Where a large number of applications for free movement are assigned to the same locality or its periphery, the Provincial Directorate for Labour, Social Security and Home Affairs may organise the transfer of workers from the collective form.

Fourth. Documentation:

1. One-way trip.

1.1 Inmate of help request.

1.2 Offer of employment, contract of work or prior communication involving a subsequent recruitment.

1.3 Supporting documentation that the applicant is in an unemployment situation.

1.4 Credit documentation of the family link.

1.5 Credit documentation of the salary to be paid by the worker, when the contract of employment lasts longer than six months.

1.6 When the children of the worker entitled to aid travel alone, they must provide the documentation set out in points 1.2 and 1.4.

2. Return trip. -When, exceptionally, the use of free transport on the return journey is authorized, which can also be performed collectively, the documentation to be presented will be as follows:

2.1 Print Request Print.

2.2 Job or certificate agreement that the job has been performed.

2.3 Statement of not having been a beneficiary of assistance on the one-way trip.

2.4 Credit documentation for the family link.

2.5 When the children of the worker entitled to aid travel alone, they must provide the documentation set out in points 2.2, 2.3 and 2.4.

Fifth. Place of presentation of the documents. The documentation must be presented in the Provincial Directorate of Labour, Social Security and Social Affairs corresponding to the place of residence of the worker for the application for travel aid, or in the Provincial Directorate of Labour, Social Security and Social Affairs corresponding to the place where the work was carried out, if it is a request for travel assistance back.

Applications may also be submitted in those places provided for in Article 38.4 of Law 30/1992 of 26 November.

The Provincial Director shall, by delegation of the Minister of Social Affairs, decide on the provenance of the grant of the aid within a period of not more than three months from the date of the filing of the application. The resolution will be published in the bulletin board of the Provincial Directorate of Labor, Social Security and Social Affairs.

Sixth. -1. The Ministry of Social Affairs, through the Directorate-General for Migration, to provide beneficiaries with the aid granted to them for their free movement, may subscribe to the agreements or agreements it considers It is appropriate for transport companies.

2. The transport companies carrying out these services must justify them within the time limit and in such a way as to be determined by the relevant agreements or conventions.

Seventh. -Provincial Directorates shall send to the Directorate-General for Migration, within the first ten days of each month, a nominal ratio of the beneficiaries to whom the aid has been granted the previous month, indicating the destination of the same and the purpose for which the documentation submitted by the worker was transferred and kept in their archives.

1.2 Aid for expenses for moving goods and furniture

Eighth. Purpose and purpose of the aid.-To provide the worker with the transfer of his goods and furniture from the place of his domicile to the place of the new job.

Ninth. Beneficiaries. -1. They may be beneficiaries of such aid, those unemployed workers who have to move to another locality situated at a distance of more than 200 kilometres to fill a job previously offered by the employer, by time equal to or greater than one year.

2. Workers shall not be entitled to such aid where their annual gross salary is twice and half the minimum inter-professional wage for over eighteen years, in annual accounts.

10th. Type of aid. The aid shall consist of the total or partial reimbursement of the costs incurred by the worker for the transfer of his goods and furniture from his place of origin to that of the new destination, for a maximum total of the amount resulting from multiplying by 2.5 the minimum inter-professional monthly salary for over eighteen years. This aid will be granted only once during the term of the contract.

11th. Documentation:

Worker's request.

Job Contract.

Documentation of proof of unemployment in the past to the occupation of the job covered by this contract.

Original invoice for the expense incurred.

Certificate of registration in the new locality.

Certified photocopy of the tax identification card and a document proving your identity.

Credit documentation of the salary to be collected by the worker.

12th. Place of presentation. -Applications, accompanied by the rest of the documentation, will be presented in the Provincial Directorate of Labour, Social Security and Social Affairs of the new place of residence of the worker, or in some of the places provided for in Article 38.4 of Law 30/1992.

13th. Processing.-The Provincial Directorate of Labour, Social Security and Social Affairs, once verified that the documentation provided is complete, it will transmit it to the Directorate General of Migration.

The Director-General of Migration, by delegation of the Minister of Social Affairs, within a period of not more than six months from the date of the submission of the application, shall decide on the provenance of granting the aid. This resolution will be made public in the bulletin board of the Provincial Directorate of Labor, Social Security and Social Affairs of the province where the application has been made.

14th. Payment and justification of the aid. -Where the aid has been granted, the aid may be sent directly to the worker, in which case it shall be deemed justified by the corresponding invoice, or through the Provincial Directorate for Labour, Security Social and Social Affairs, which will justify the same with the right "I received" signed by the beneficiary and within the period laid down in article 79.4 of the General Budget Law.

PROGRAM 2. SUPPORT FOR THE DEVELOPMENT OF SOCIO-EMPLOYMENT PROMOTION PROGRAMMES

15th. Purpose and purpose of the aid. -To promote the development of actions aimed at facilitating the socio-employment integration of migrant workers who move to fill jobs in temporary employment campaigns.

sixteenth. Type of actions. -These effects will be considered the following types of actions:

a) Conditioning, equipment, cleaning, assembly, construction and any other action that is necessary to provide adequate housing and/or living conditions for migrant workers.

b) Organization of the displacements and workers ' stays, as well as coordination of their subsequent hiring.

c) Maintenance of childcare and child care homes owned by the Administration or concerted.

d) Elaboration of sociological studies to better understand the problems of this group.

e) Advice and information on sociolaboral matters.

(f) and any other actions which, not being included in the aforementioned paragraphs, are equally appropriate for the objectives set out in the previous Article.

seventeenth. Applicants. -They may request support to develop the programs mentioned in the previous article, private individuals and private entities that perform these activities without profit, as well as public entities.

Eighteenth. Requirements of applicants. -1. Applicants who have been awarded in advance by the Ministry of Social Affairs must have duly justified it.

2. The applicants must be aware of the compliance with the tax obligations and the social security obligations, in accordance with the provisions of the orders of the Ministry of Economic Affairs and Finance of 28 April 1986 and 25 November 1986. 1987.

Nineteenth. Type of aid. The aid shall consist of a grant of variable value according to the interest and characteristics of the project.

Twenty. Documentation. -Applicants must present the following documents:

(a) Request for assistance, including the amount requested and the overall budget of the programme.

b) The descriptive memory of the action to be developed.

c) Explanatory notes to the various concepts of expenditure.

(d) Documents supporting the fulfilment of the tax and social security obligations.

e) Individuals who develop the actions referred to in Article 16 (d) shall also provide a duly accredited personal, professional and scientific curriculum.

In the Memory referred to in paragraph (c), the various concepts of expenditure and personnel costs shall be specified in detail and the management and administration costs shall be reported separately. necessary for the implementation of the respective programmes.

The expenditure of staff under the subsidised programme may only be the subject of a grant up to the amount of remuneration fixed by the actual working day for the staff of the Ministry of Social Affairs, except that by direct application of other collective agreements, the higher amounts correspond to it. The expenditure to be financed shall be exclusively those for the remuneration payable for the activity carried out in the respective programmes.

Twenty first. Place of presentation. -Applications, accompanied by the documentation mentioned, will be presented in the Provincial Directorate of Labour, Social Security and Social Affairs corresponding to the locality where the activity is carried out or directly in the Directorate-General for Migration, without prejudice to the provisions of Article 38.4 of Law 30/1992.

Twenty-second. Assessment of applications shall be carried out by a Commission chaired by the Director-General of Migration, or a person to whom it delegates, and three Vocals appointed by that President among officials attached to it. Directorate-General.

The Commission will be able to collect as many reports as it considers accurate for the best development of its work.

Twenty-third. Criteria for the assessment of applications. -Applications shall be assessed according to the following criteria:

1. Structure and management capacity. -To provide a sufficient structure to carry out the activities provided for in the programmes presented.

2. Budget and funding.-The financing obtained from other institutions and their capacity to mobilize resources from other public and/or private entities will be taken into account.

3. Accuracy in the fulfilment of the obligations incurred by the Ministry of Social Affairs in respect of previously granted grants, their justification for the accounts and presentation of the Final Report of activities, as well as achievement of the intended objectives.

4. Organization and coordination of displacements. -Primate those projects that aim for the routing of internal migrations.

5. Improvement of the socio-occupational conditions. -These projects will also be used to improve the living conditions of the worker, both in their personal and employment aspects.

6. A priority shall be given to actions taken under the partnership agreements to be established in accordance with Article 30 (1) of this Order.

Twenty-fourth. Processing and resolution.-The Provincial Directorates for Labour, Social Security and Social Affairs, within a period of not more than 15 days after their receipt, shall send the documentation with reasoned report to the Directorate-General for Migration for your study and approval.

The Director-General for Migration shall, by delegation of the Minister for Social Affairs, decide within a period of not more than six months on the date of the grant and the amount of the grant.

Twenty-fifth. How to make the subsidy effective-payments will be made in one or two instalments depending on the nature of the grants.

Twenty-sixth. Obligations of the beneficiaries.-The beneficiaries of the grants shall be obliged to:

a) Use them in those concepts and amounts that have been expressly approved, as well as to manage them within the time limit set by the grant resolution.

(b) To execute directly the activities which constitute the essential content of the programmes, not being subject to subcontracting or specific procurement of services, unless the Directorate-General for Migration is expressly authorise.

c) Communicate to the Directorate General of Migration the obtaining of grants and aid granted for the same purpose, coming from any national or international government or public authorities.

Twenty-seventh. Justification of the expenditure.-The aid must be justified by the total amount of the allowance received, by means of an explanatory memorandum on expenditure accompanied by original invoices or documents which have been made.

Also, the deductions and revenues made in the State Administration of Tax Administration under the Income Tax of the Physical Persons should be justified.

The time limit for the justification of the grant received shall be that set out in the resolution approving the grant.

Due to the time limit of justification, without having been provided the documents that correspond, as the case may be, the Directorate General of Migration may require that within twenty days they be provided, communicating that, after the Without being taken into account the requirement shall be deemed to be in breach of the obligation of justification, with the consequences provided for in the legislation in force.

Twenty-eighth. Memory of activities.-The beneficiaries of the grants shall submit to the Directorate-General for Migration, within the time limit specified in the approval resolution of the grant, a Memory with the evaluation of the results obtained in the implementation of the subsidised activities.

The basic contents of such Memories shall be as a general rule as follows:

a) Brief explanatory introduction to the program and its purpose.

b) Brief economic summary: subsidised amount, expected expenditure, actual expenditure, other financing.

c) Territorial location of the program.

d) Expected targets: Deviation on forecasts, if any.

e) Methodology and instruments used.

f) Actuations made.

g) Valuation.

Twenty-ninth. Monitoring and control.-The beneficiaries of the grants shall provide the periodic information requested by the Directorate-General for Migration on the initiation of the actions, the modification of initial forecasts and the completion of the "

In addition, the recipients of the aid are subject to the action of verification on the employment of the same as the General Directorate of Migration considers appropriate, as well as those provided for in the legislation in force on action of the General Intervention of the State Administration and the Court of Auditors.

In cases where the beneficiaries of the aid committed administrative infringement, the penalties provided for in the General Budget Law shall be imposed.

Thirty. Reintegros. -It shall proceed with the recovery of the amounts and, where appropriate, of the interest received, as well as the requirement of interest for late payment from the payment of the grant in the following cases:

(a) Failure to comply with the obligation of justification.

b) Obtaining the grant without meeting the conditions required to be a beneficiary of the grant.

c) Failure to comply with the purpose for which the grant was granted.

(d) Failure to comply with the proposed conditions to the beneficiaries on the basis of the grant of the grant.

Thirty first. Collaboration agreements.-The Director-General of Migration may subscribe, by delegation of the Minister of Social Affairs, to the agreements or agreements of collaboration that he deems necessary with public entities, in order to facilitate the development of the of these actions.

These agreements or agreements must define the object and cause thereof, the content of the projects to be developed, the contributions of each party, the budgetary concept to which the expenditure of the Directorate-General of Migration, the deadline for implementation and the form of justification.

Additional disposition first.

The granting and the amount of aid and subsidies provided for in this Order will be conditional on the budgetary resources of the Directorate General for Migration.

Additional provision second.

The decisions must be reasoned and notified to the interested parties, stating that they end the administrative route, as well as the resources that may be brought against them.

Repeal provision.

The Order of 28 February 1986 is hereby repealed and any rules of equal or lower rank shall be contrary to the provisions of this Order.

Final disposition first.

In everything not included in this Order will be in line with the norm laying down the regulatory bases for the grant of subsidies submitted to the General Regime of the Ministry of Social Affairs and its bodies attached.

Final disposition second.

The Directorate-General for Migration is authorised to issue any instructions for the implementation and development of this Order.

Final disposition third.

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

Madrid, 4 November 1994.

ALBERDI ALONSO