The Order of 21 February 1986 sets out a series of Aid and Grants to promote the creation of employment, distributed in various programmes, including the promotion of self-employment and the employment integration of workers. Disabled in Special Centres for Employment and self-employment.

On the other hand, Royal Decree 2539/1986 of 5 December 1986 has provided that the powers corresponding to the Administrative Unit of the Solidarity Fund, which were entrusted to the Administrative Unit of the Social Fund European, under the additional provision of Royal Decree 2404/1985, of 27 December, are assumed by the National Institute of Employment -Subdirectorate General of Employment Promotion.

The management of aid and grants, financed from the INEM expenditure budget, demands that they meet the requirements laid down in Article 81.6 of the recast text of the General Budget Law, in the In the light of the above, it is not the case that the Court of Justice of the European Communities has jurisdiction in the case of the Court of Justice of the Court of Justice of the European Communities in the case of the Court of Justice of the European Communities.

Notwithstanding the foregoing, this Order, limited to the legal adequacy reviewed, is approved without prejudice to the powers assumed by the Autonomous Communities, to which the management of these programs has been transferred.

In its virtue, prior to the favorable report of the State Legal Service, I have:

Single item. Purpose of the aid and grants.

The National Employment Institute will be able to grant the grants and grants provided for in the programmes III (Promotion of self-employment) and V (Labour integration of disabled people in Special Employment and Labour Centres). Autonomous Community of the Order of 21 February 1986, in accordance with the conditions and conditions set out in the following paragraphs:

Section A) Programme III: Promotion of Autonomous Employment

First. Beneficiaries.-Those unemployed persons who wish to establish themselves as self-employed persons shall be eligible for such aid.

Second. Requirements.

(a) Be unemployed and registered as a claimant in the Employment Office.

b) Affidavit of the applicant, stating the intention to establish himself as a self-employed worker.

Third. Form of accreditation of the requirements.

(a) Certificate of the Employment Office, proof of his/her status as an employment claimant.

(b) The supporting memory of the business project, accompanied by a financial plan to demonstrate the feasibility of the project.

Fourth. Obligations of the beneficiaries.

(a) Carry out the activity which is based on the granting of the aid or grant for at least three years, unless the beneficiary can justify the cessation of his activity for reasons beyond his or her will.

(b) Credit before the National Institute of Employment, within three months, the implementation of the project, as well as the fulfilment of the requirements and conditions that determine the grant or benefit of the aid or grant.

(c) Subject to the checks carried out by the National Institute of Employment and those of financial control corresponding to the General Intervention of the State Administration in relation to the grants and economic aid, and those provided for in the legislation of the Court of Auditors, as well as those which the Commission and the Court of Auditors of the European Communities may carry out, where appropriate, in the case of co-financing by the European Social Fund.

d) Facilitate all information required by the Court of Auditors.

Fifth. Applications. The applications, addressed to the provincial director of the National Institute of Employment, will be sent to the Registry of the Provincial Directorate of the National Employment Institute where the project is planned.

Applications shall be accompanied, in addition to the documentation referred to in the third paragraph, of:

(a) Certified photocopy of the credit card of the tax identification number and the national identity card of the applicant.

(b) Where financial support is requested, a certified photocopy of the loan agreement, the certificate or the communication of the credit institution shall be provided by granting the loan and its characteristics.

(c) In the case of aid for technical assistance, the detailed budget and the index of the content of the aid, as well as the memory of the institution or the curriculum vitae of the person carrying out the study, shall be attached.

Sixth. Justification for the investment: Term and form. -The beneficiaries of the aid must justify within the period that, according to the business plan presented, it is established in the Concessional Resolution, the fulfillment of the purpose for which it is (i) the granting of aid to the European Community;

To justify the investment, the beneficiaries of the aid must present the documentation required in the Concessional Resolution, including invoices, receipts, contracts or other documents.

To prove the beginning of the activity that gave rise to the granting of the aid, the beneficiaries will have to present the documentation that justifies their registration in the Special Regime of Autonomous Workers and Tax License. to exercise the activity.

Seventh. Revocation. -It shall proceed with the revocation of the aid or grant, as well as the total or partial reimbursement of the amounts received and the requirement of the corresponding delay interest, from the moment of payment in the following cases:

(a) Failure to comply with the obligations laid down in paragraph 4.

(b) Lack of justification for the provisions of paragraph 6.

c) Failure to comply with the conditions imposed on the beneficiary in connection with the granting of the aid or grant.

Section B) Programme V: Work integration of disabled people in Special Centres for Employment and Autonomous Work

Eighth. Purpose of the Subventions.

(a) To partially fund any projects that generate jobs, preferably stable, for unemployed disabled workers.

These projects can be of two types:

Those presented by those promoters who intend to create a Special Employment Center that meets the requirements set out in Royal Decree 2273/1985 of 4 December ("Official State Gazette" of 9), for which The Regulation of the Special Centers for Employment, as defined in Article 42 of Law 13/1982, of 7 April, of Social Integration of the Minusvalide, is approved.

Those presented by those Special Employment Centres already in operation, which involve the extension of the template.

b) Assist in the maintenance of disabled jobs in the Special Employment Centres.

c) Financing those business projects of unemployed disabled workers who seek to be self-employed.

Ninth. Beneficiaries.-For the aid referred to in points (a) and (b) of the preceding paragraph, the beneficiaries shall be those special employment centres which are registered as such in the relevant Register.

For the aid of point (c), unemployed disabled workers who are registered as applicants in the Office for Employment in question shall be eligible.

10th. Requirements.-All beneficiaries applying for the above mentioned aid must prove:

(a) Halting to the current in its tax obligations and in the face of Social Security, justifying it by means of the corresponding documentation, as established in the Orders of the Ministry of Economy and Finance of 28 of April 1986 and 25 November 1987.

b) Be registered as a Special Employment Centre in the Register concerned and, in the case of applications for self-employment, be unemployed and be registered as a job seeker in the Office as well as the Certificate of Minusvalia.

In addition to these common requirements, they must meet, depending on the type of help requested, the following:

1. Job creation projects in special employment centres:

1.1 That the project has technical, economic and financial feasibility, which will be credited by presenting the timely detailed economic study.

1.2 The creation of stable employment for the disabled.

2. Aid for the maintenance of jobs:

2.1 For the allowance of Social Security contributions, together with the application, the contract of employment and part of the high in the Social Security of the disabled workers will be accompanied, for one time, Certificate of disability. The same procedure will be followed with the successive hires.

2.2 For the grant of the wage cost to the special centre of employment, the salary corresponding to the employees of that centre must have been paid, which will be credited by the payment of the payroll signed.

2.3 Subsidy for the adaptation of jobs and the elimination of architectural barriers, the need to justify their need through timely memory.

2.4 Subsidy, for one time, aimed at balancing and financially healing the special centers of employment. In exceptional and exceptional circumstances, the Centre must prove that, in addition to having technical, economic and financial viability, the financial situation, in which it is at the time of the application, endangers the subsistence of the I would like to thank the Commission for its work. To this end, they will have to present the precise economic documentation (balance sheets, operating accounts, etc.), which will make it possible to determine the need and amount of the aid, its specific purpose and to ensure the restructuring and viability of the Centre, a The subsidy is granted.

2.5 Subsidy to balance the budgets of the Special Centers for Employment, according to the following requirements:

2.5.1 That special centres of employment are not for profit.

2.5.2 That they are of public utility, which will be declared by agreement of the Council of Ministers, on a proposal from the Ministry of Labor and Social Security.

2.5.3 That the adverse results that are intended to be balanced are not derived from poor management, in the administration's view.

11th. Applications. The applications, addressed to the provincial director of the National Institute of Employment, will be sent to the Registry of the Provincial Directorate of the INEM, where the project is planned.

In addition to the documentation referred to in paragraph 10, applications must be accompanied, depending on the type of assistance requested, from the following documentation:

A) Job-generating projects:

1. For technical assistance:

1.1 Full memory, justification, and object.

1.2 Detailed budgets for studies and actions.

1.3. Pre-contract and curriculum, in case of hiring.

2. For projects of social interest:

2.1 Project and background extended memory.

2.2 Fixed Investment Plan Detail (including proforma invoices and quotes).

2.3 Extension and documentation of financial sources and full financial plan.

2.4 Financial statements for the last two years and provisional.

2.5 Economic-financial study of project feasibility.

3. For partial grant of loan interest:

3.1 In addition to the documentation referred to in the previous number 2, the granting of the loan and its conditions.

B) For the maintenance of jobs:

1. Social Security Quota Bonuses:

1.1 Code Account Code for the company.

2. Wage costs:

2.1 Photocopy of the TC-1 and TC-2 documents of the last month entered.

2.2 The first month, the documentation of the disabled staff (high in Social Security, contract and certificate of disability).

In successive months, they will only present the payroll and, in high cases, the documentation of the new disabled workers who have been incorporated in that month.

3. For the adaptation of jobs:

They will be presented, with the request, budget and/or invoice of the investment to be made.

4. For the financial consolidation grant:

4.1 Explanatory note to the economic imbalance and its origin. Background to the center.

4.2 Economic and financial feasibility study.

4.3 Situation Balances of the last two exercises in those centers that have carried out activities in those years.

4.4 Operating accounts for the last two years in those Centers that have carried out activities in those years.

4.5 Provisional operating accounts for the following two years.

5. For the budgetary balance of the special centres of employment:

5.1 Statement of Solubility to Ensure Paid Employment and the Provision of Personal and Social Adjustment Services as referred to in Article 3. of Royal Decree 2273/1985 of 4 December 1985.

5.2 Explanatory notes to the financial imbalance and its origin. Background to the center.

5.3 Economic and financial feasibility study.

5.4 Balance sheet for the last two years.

5.5 Provisional operating accounts for the following two years.

C) For the constitution of unemployed workers who are unemployed as self-employed:

In addition to the documentation referred to in the third and fifth paragraphs, they must present the corresponding certificate of disability.

12th. Obligations of the beneficiaries. -They are the beneficiaries ' obligations:

(a) Credit within the time limit to be determined in the decision granting the implementation of the planned investment project, as well as the creation and maintenance of the jobs for which the grant was granted by way of invoices, receipts, contracts or other documents indicated at the time of the concession.

b) Submit to the checks carried out by the National Institute of Employment and those of financial control corresponding to the General Intervention of the State Administration in relation to the grants and economic aid, and those provided for in the legislation of the Court of Auditors, as well as those which the Commission and the Court of Auditors of the European Communities may carry out, where appropriate, in the case of co-financing by the European Social Fund.

(c) Under Article 13 of Royal Decree 2273/1985 of 4 December 1985, special centres of employment which receive grants or aid from the public authorities must submit a report on an annual basis. You will understand the following:

Degree of the center.

Location.

Main and complementary activity.

Composition of your template.

Economic documentation.

Settlement of the budget.

Situation Balance.

Operating account.

Next Exercise Budget Project.

Compliance with your economic goals and personal and social adjustment.

13th. Revocation. -It will proceed with the revocation of the aid or grant received, as well as the full or partial refund of the amounts received and the requirement of the corresponding interest for late payment, from the moment of payment in the following cases:

(a) If the beneficiaries give the aid a destination or application other than the investment plan accepted.

b) The non-creation or maintenance of committed jobs.

c) Distortion of data, facts or documentation.

(d) Failure to comply with the conditions imposed on the beneficiary in the granting resolution.

Section C) Common Provisions

14th. Concession.-Aid and grants shall be granted by means of a decision of the INEM Provincial Director, by delegation of the Director-General of the National Employment Institute.

15th. Resolution. -1. Within 15 days of the date of the lifting of the motion for a resolution, the competent body shall decide on the procedure.

2. The resolution shall be reasoned.

3. The maximum period for the resolution of the procedure shall be six months.

4. After the maximum period for resolving the procedure, without any express resolution, it may be understood that the grant of the grant or aid is out of order.

5. Against the decisions taken, in relation to the aid referred to in this Order, ordinary appeal may be brought before the Minister for Labour and Social Security, applying the system laid down in Chapter II of Title VII of the Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

6. The notification of the decisions shall be made in accordance with the provisions of Article 59 of Law No 30/1992.

sixteenth. Aid or grant aid.-The amount of aid or subsidies covered by this Order may in no case be such that, in isolation or in competition with grants or aid from other public authorities, or of other public or private, national or international entities, exceeds the cost of the activity to be developed by the beneficiary.

The subsidies, in terms of subsistence income, will be incompatible with any other public aid granted for the same purpose.

seventeenth. Review.-Any alteration of the conditions under consideration for the granting of the aid or grant and, in any event, the concurrent obtaining of the aid, as referred to in paragraph 6, may result in the amendment of the Resolution Concession.

Eighteenth. Application of the rules of procedure for the granting of public subsidies, approved by Royal Decree 2225/1993 of 17 December 1993 and, in particular, on the application of the rules of procedure for the granting of public subsidies. procedure for the reimbursement of the subsidy, as laid down in Article 8. of the aforementioned Royal Decree.

Nineteenth. The beneficiaries of aid and subsidies will be subject to the responsibility and sanctioning regime which, in respect of infringements in this field, lays down Law 8/1988 of 7 April of Infractions and Sanctions in the Social Order and Article 82 of the recast text of the General Budget Law, in the wording given by Law 31/1990 of 27 December of the General Budget of the State for 1991.

Twenty. Aid and conditional subsidies. The National Employment Institute may provide for the guarantee measures in favour of public interest which can be considered as precise in the decisions to be taken by the granting of aid and grants referred to in this Order.

Transitional disposition.

Applications submitted under the aid and grants referred to above, pending resolution, shall be completed in accordance with the bases, conditions and requirements laid down in this Order, the effects of continuing its regulatory procedure.

Final disposition first.

1. The amount of aid and grants shall be that laid down in the Order of the Ministry of Labour and Social Security of 21 February 1986 ('Official State Gazette ' of 27).

2. In any event, the granting of aid and subsidies, which are regulated in this Order, is subject to the budgetary resources available for each financial year.

Final disposition second.

The Director-General of the National Institute of Employment is hereby authorized to lay down any rules necessary for the implementation of the provisions of this Order.

Final disposition third.

This provision shall enter into force on the day following that of its publication in the Official Journal of the State.

Madrid, 22 March 1994.

GRINAN MARTINEZ

Ilmos. Mr Deputy Secretary, Secretary-General for Employment and Industrial Relations, Secretary-General for Social Security and Director-General of the National Employment Institute.