The experience gained in the application of the Order of 21 February 1985, which regulates, as a programme for the promotion of public employment, the basis for collaboration between the National Institute of Employment and Local Corporations. the recruitment of unemployed workers in works and services of general and social interest, has made it possible to recruit a high number of unemployed people, increasing their expectations of job reintegration by improving their professional qualifications.

The budgetary constraint, in the context of the overall economic situation, calls for the revision of the grants awarded under the INEM budget, maintaining and consolidating this employment promotion programme. public.

On the other hand, it is necessary to adapt the grants awarded by the National Employment Institute to Article 81 of the recast text of the General Budget Law adopted by the Royal Legislative Decree 1091/1988. 23 September, as amended by Law 31/1990 of 27 December 1991 on the General Budget of the State for 1991, and the Rules of Procedure for the granting of public subsidies, approved by Royal Decree 2225/1993 of 17 December 1993.

Consequently, after a favourable report from the State Legal Service, I have:

Article 1. Purpose of the grant.

1. In the field of collaboration with Local Corporations, the grant from the National Employment Institute will be used to finance the wage costs of unemployed workers who, together with the requirements set out in the Article fourth, they are contracted for the execution of the works and services, in accordance with the requirements set out in Article 3.

2. The National Employment Institute shall support the total wage costs, including the business contribution to Social Security for all concepts, at the same amount as the one set for the minimum inter-professional salary in force. employed unemployed worker.

Article 2. Beneficiaries of the grants.

1. Local Corporations which, in the field of collaboration with INEM, employ unemployed workers to carry out works and services of general and social interest, will be the beneficiaries of these grants. The works and services to be carried out and the unemployed workers to contract shall, in any event, meet the requirements laid down in Articles 3 and 4 of this Order.

2. Local corporations applying for such subsidies should be kept abreast of their tax obligations and social security.

Article 3. Requirements and criteria for the selection of works and services.

1. The works and services to be performed, on the basis of collaboration between the National Institute of Employment and Local Corporations, must meet the following requirements:

(a) In the case of works and services of general and social interest and are the responsibility of the Local Corporations, including those works and services that are carried out on immovable property that the Local Corporations put on Provision of the National Employment Institute.

(b) to be executed by the Local Corporations under direct administration or by the Company to which its execution is awarded.

(c) The minimum percentage of unemployed workers to be employed in carrying out the work or service is 75 per 100 in the case of direct administration, and 50 per 100 in the case of the award to a company.

(d) that works and services may be carried out in full within the calendar year of the financial year in which the collaboration occurs, unless exceptional, duly justified causes are present; determine the impossibility of execution within that period, in which case works and services may be approved provided that they are completed within the first three months of the following financial year.

e) that the Local Corporation applicant for the grant has sufficient budgetary allocation to take over the budget items not supported by the National Employment Institute for the implementation of the work or service in question, certifying to the effect by the Secretary of that Corporation.

The National Employment Institute will consider, in any case, that the Local Corporation has the corresponding budgetary allocation when it has applied to the Local Credit Bank of Spain or other financial institutions a supplementary credit for such performance under the Convention signed by the Bank with the National Institute of Employment.

(f) The minimum duration of the work or service is one month, except in exceptional cases, which are duly justified and are informed by the Provincial Executive Committee of the National Institute of Employment and approved by the Provincial Director of that Agency.

g) That, in the event that the works or services are executed in an area or locality with seasonal employment cycles, they are carried out preferably in low-level periods of employment, at least in the sectors of activity and occupation affected by the cycle.

2. A selection shall be made of the works and services meeting the requirements of paragraph 1 of this Article in order to grant them the appropriate grants, giving preference to:

a) Those of greater general and social interest.

b) Those who, in their realization, allow and support the permanent creation of greater number of jobs.

(c) Those who, in their implementation, are conducive to the training and professional practice of the participating workers.

Article 4. Requirements and criteria for the selection of workers.

1. Workers who are employed for the construction of works and services and for which the grant of the National Institute of Employment is awarded must meet the following requirements:

(a) Being unemployed, threatened with long-term unemployment.

b) Be registered as such in the Employment Office.

2. The criteria for the selection of workers to be contracted shall be as follows:

a) Greater adequacy to the job position offered.

(b) Having greater family responsibilities, it is understood that the unemployed worker is dependent on the spouse, children under the age of twenty-six, or the disabled or the children under reception.

3. The Provincial Executive Committee of the National Employment Institute will apply and value these criteria, taking into account the existing unemployment problem.

4. In any case, the unemployed workers shall be selected by the National Employment Institute in the form laid down in Article 8.

Article 5. Initiation of the procedure.

The local corporations that intend to benefit from the grants established in this Order, will request it before the respective Provincial Directorate of the INEM, presenting the following documentation, which will have effects of Grant application:

(a) The Memory of the work or service, accompanied by the project and plans when the type of work so requires.

Memory will collect at least the following aspects:

Specific name of the corresponding work or service.

The total number of workers required for the execution of the work or service.

Number of workers to be employed from the situation of the unemployed and the percentage that represents on the total of the workers to be employed in the execution of the work or service.

Total cost budgeted for the work or service.

Total cost budgeted for labor.

Total cost budgeted for the workforce of unemployed workers.

Planned dates for the beginning and termination of the work or service.

Grant requested from the National Institute of Employment.

Number of permanent jobs to be created with the execution of the work or service and its justification.

Degree in that it favors the training and professional practice of the workers.

Modalities of hiring and number of workers affected by each mode.

Reference to this Order, requesting the financing of the labor force.

b) Certification of the competent body of the Local Corporation of the approval of the project of the work or service for which the grant is requested.

(c) Certificate of the Secretary of the Local Corporation concerned, including the provision of financing for the budget items to be financed by the Corporation, or, where appropriate, the application of the supplementary credit for the Local Credit Bank of Spain or other financial institutions.

(d) If the applicant entity receives another grant for the workforce, the resulting amount shall not exceed, in conjunction with the National Employment Institute grant, the total cost of the procurement, including social security contributions.

e) Certification of the Ministry of Economy and Finance and the Ministry of Labor and Social Security to be aware of their tax obligations and social security.

Article 6. Instruction of the procedure.

1. At the provincial level, an Investment Planning and Coordination Commission will be established to plan the same in accordance with the needs of the labor market in the province, and report for the selection of works and services covered by this Order.

The Investment Planning and Coordination Commission will be chaired by the Civil Governor and will be made up of the provincial Directors of Labor, Social Security and Social Affairs and the National Employment Institute, a Representative of the Local Corporations and a representative of each of the investor organizations.

2. The Provincial Director of the National Employment Institute shall transfer the report, referred to in issue 1, to the Provincial Executive Committee for the issue of the report.

Article 7. Resolution of the procedure.

The INEM's provincial directors, by delegation of the Director-General of INEM, having regard to the reports referred to in the previous article, will issue a resolution granting the corresponding subsidy.

The deadline for the resolution will be two months, computed from the issuance of the reports. After the time limit has not been expressed, it shall be understood that the grant of the grant shall be granted.

Article 8. Recruitment of workers.

1. The employees to be employed by the Local Corporations or, where appropriate, by the contracting undertakings, shall be requested from the Office of Employment concerned, by means of a generic offer, at least 15 days in advance of the start of the work or service.

2. The local authorities or the contracting companies shall hire the workers selected by one of the procedures in force at the time of their recruitment.

3. The contract of employment shall be used in writing in the model corresponding to the chosen mode of employment, and shall be recorded in the corresponding Employment Office, with the indication of the National Employment-Corporation Convention. Local>.

Article 9. Start of the works or services.

The work or service shall be initiated, except in cases of force majeure established by the competent authority, or duly justified causes within 30 calendar days from the date of the start of the work or service. the resolution granting the grant. The beginning of the work or service will be accredited by certification issued, to the effect, by the Local Corporation. If the time limit has elapsed, the work or service has not begun, or has not been initiated by reason of force majeure or duly justified cause, the Provincial Director of the National Employment Institute may issue a decision giving effect to the previous. In cases of force majeure or duly justified causes, which give rise to the delay in the commencement of the work or service, the new time limits for implementation may not exceed the period referred to in point (d) of Article 3 (1) of this Order.

Article 10. Transfer and justification of funds.

1. Started the work or service, the Local Corporation will present to the Provincial Directorate of the National Institute of Employment the certification of initiation. If the work or service is carried out by award to a company, this certification shall be accompanied by a copy of the contract of award in which the undertaking of the undertaking awarded in accordance with this Order must appear.

2. Received the previous documentation, the Provincial Directorate of the INEM will transfer to the Local Corporation a corresponding amount equal to 50 per 100 of the total grant awarded.

The remaining 50 per 100 will be transferred when the Local Corporation has certified the expense of the first 50 per 100 received on the items for which it was intended. To this end, the Local Corporations will send to the Provincial Directorate of the INEM certification of payment of the part of the work executed, with express specification of the amount corresponding to labor, cause of the grant granted by the National Institute of Employment.

In the event that exceptional, duly justified causes, which determine the impossibility of execution within the calendar year of the financial year in which the grant was formalized, be exceeded, the transfer of the entire grant shall be made before 31 December of each calendar year, and the documentation certifying the initiation of the work or service referred to in the first paragraph shall be submitted in advance by the Local Corporations. Article 9 of this Order.

3. The Provincial Directorate of the National Institute of Employment will require the Local Corporation to receive a corresponding certification of receipt of funds, each time their transfer takes place.

4. In any case, the Local Corporations must submit to the actions of verification to be carried out by the National Institute of Employment and those of financial control corresponding to the General Intervention of the State Administration in The Court of Auditors, the Court of Auditors, the Court of Auditors, the Court of Auditors, the Court of Auditors, the Court of Auditors, the Court of Auditors, the Court of Auditors, the Court of Auditors, the Court of Auditors, the Court of Auditors, the Court of Auditors, the Court of Auditors, the Court of Auditors, the co-financing by the European Social Fund.

Article 11. Monitoring and control.

1. The Local Corporation, within one month from the financing of the work or service, will present in the Provincial Directorate of the INEM an end-of-work report, reintegrating, if necessary, the unused funds, as well as a memory descriptive and graphic of the performance developed, with special reference to employment.

2. The INEM shall check the performance of the work or service and ask the Local Corporation for the documentation it deems appropriate to credit the grant expenditure.

3. Failure to comply with any work or service provided for in this Order may, in the light of the nature and causes of the non-compliance, where appropriate, the total or partial reimbursement of the amounts received, with the interests, in accordance with the provisions of the recast text of the General Budget Law adopted by Royal Decree No 1091/1988 of 23 September 1988, as amended by Law 31/1990 of 27 December 1988 on Budgets State General for 1991, and Royal Decree 2225/1993 of 17 December 1993, and without prejudice to the established in Law 8/1988 of 7 April on infringements and penalties in the social order. In the event that the grant received was intended, in whole or in part, for different purposes for which it was granted, the INEM will decide to terminate the grant of the grant.

4. For the purposes of public dissemination, the works and services to be carried out on the basis of this Order shall be appropriately identified by each local municipality or entity. In the case of co-financing by the European Social Fund, information and publicity shall be provided for in accordance with Article 31 of Council Regulation (EEC) No 2082/1993 of 20 July 1993 (Official Journal of the European Communities). European Communities of 31 July 1993).

Article 12. From the works and services affected to the Rural Employment Plan.

1. The works and services performed, on the basis of the collaboration established by the present Order by Local Corporations, affected to the Rural Employment Plan, will be subject to the existing regulations on the same in relation to determination, location and selection of works and services, percentage of unemployed workers to be employed, selection of workers, duration of contracts and any other aspect contained in the rules of the Rural Employment Plan, which affects the development of the partnership established in this Order.

2. In the territorial area of the Autonomous Communities of Andalusia and Extremadura there are the Provincial Investment Planning and Coordination Commissions and the Regional Qualification, Coordination and Monitoring Committees, with the composition and functions attributed to the additional provisions of Royal Decree 31/1991 of 18 January 1991.

Transitional disposition.

The works and services carried out under the partnership agreements signed in accordance with the Order of 21 February 1985 will continue to be governed by the Order of 21 February 1985, up to its total finalisation and the issuance of the This Order establishes, in particular, the Community Initiatives of Human Resources and , funded by the Partnership Agreements with Local Corporations and co-financed by the European Social Fund.

Additional disposition first.

As expressly stated in this Order, the Rules of Procedure for the granting of public subsidies, approved by Royal Decree 2225/1993 of 17 December 1993, will be applied.

Additional provision second.

Against resolutions adopted by the provincial director of the National Employment Institute, the ordinary administrative appeal may be brought under the terms laid down in Title VII of Law 30/1992 of 26 November 1992. of the Legal Regime of Public Administrations and Common Administrative Procedure.

Additional provision third.

The granting of grants by the National Employment Institute is conditional on the budgetary availability of each financial year.

Repeal provision.

The Order of the Ministry of Labour and Social Security of 21 February 1985 ("Official State Gazette" of 26) is hereby repealed, approving the basis for collaboration between the National Employment Institute and the Local corporations for the construction of works and services by unemployed workers, as well as the modifications made to it by the Orders of 24 June and 26 December 1988.

Final disposition.

The Directorate-General of the National Institute of Employment is hereby authorized to make the necessary provisions for the application and development of this Order, which shall enter into force on the day following its publication in the State Officer >.

Madrid, 2 March 1994.

GRINAN MARTINEZ

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