Real Decree-Law 11/2013, August 2, For The Protection Of Workers, Part-Time And Other Urgent Measures In The Economic And Social Order.

Original Language Title: Real Decreto-ley 11/2013, de 2 de agosto, para la protección de los trabajadores a tiempo parcial y otras medidas urgentes en el orden económico y social.

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TEXT

I

The crisis situation in our country requires the adoption of reforms that contribute to the recovery of economic growth and job creation, as soon as possible.

For the last year and a half, important reforms have been adopted in the infrastructure, air, land, rail and maritime sectors and in the housing sector, to increase their competitiveness and their efficiency.

However, the momentum of the reforms must be maintained, so further action is needed, which is deemed necessary.

First, and as regards Law 21/2003, of 7 July, of Air Safety, Article 92 (c) of Law 21/2003 of 7 July 2003 on Air Safety is amended in order to adjust the formula for the calculation of the the deficit provided for in that letter, so that, as a result of the agreement reached with various associations of air carriers, the maximum increase of the public property benefits to be received by AENA Aeropuertos, S.A. is moderated, in such a way that the maximum limit of increase originally foreseen for the first three years of application the formula provided for in Article 92 is extended until 2018, and also the period of recovery of the deficit resulting from it is extended to five years. This measure facilitates the recovery of air transport and the recovery of the Spanish tourism sector. In accordance with the provisions of the second additional provision, the increases in the unit rates provided for will apply in respect of the amounts payable in 2013 for each of the public property benefits that Aena receives. Airports, S.A. and which is included in Annex I of this royal decree-law.

The measure must be taken as a matter of urgency so that it can achieve the objective of promoting the development of air transport and the tourism sector. In this respect, it is essential that the air carriers have confirmation of the tariff framework before proceeding to develop their programming for the coming seasons.

In the field of Law 39/2003 of 17 November of the Railway Sector, Articles 21 (l), 73 (1), (5) and (6), 77 and 81 (1) (j) are amended in order to establish the procedure for amendment and updating of the amounts of the railway charges, attributing to the railway infrastructure managers the competence to propose the same. It also enables the Ministry of Public Works to develop and update the basic principles of the application of the bonus systems and incentives established in the Law of the Railway Sector.

This amendment seeks to bring the above provisions into line with Community law on the matter and to comply with the judgment of the Court of Justice of the European Union of 28 February 2013 on the application of Spain Directive 2001 /14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity, the levying of charges for their use and certification of safety.

The urgency of this amendment is precisely justified by the need to comply with the aforementioned judgment.

On the other hand, the tragic accident in Santiago de Compostela on 24 July has revealed the need to provide both victims of accidents and their families with close attention. comprehensive, so that appropriate assistance and support mechanisms are put in place for your needs.

order to guarantee the existence of these mechanisms, the regulation that regulates them is strengthened, establishing that the government will approve by royal decree a regulation of assistance to victims and families of transport accidents State competition railway. The urgency is justified by the need to develop the victim care regulation as soon as possible, for which a prior legal authorisation is necessary, given that the measures to be included in it could be imposed. specific obligations to undertakings and entities in the field of rail transport involved (undertakings and entities in the field of transport).

This is a measure that aims to go beyond the minima regulated in European Regulation 1371/2007 on the rights and obligations of rail passengers and which will serve as a basis for advancing all systems of protection and insurance for travellers.

On the other hand, it is anticipated, in connection with the railway accident that occurred on July 24, 2013 that the business public entity RENFE-Operadora will be able to pay, in the legally applicable terms and cases, the amounts that, on top of those paid for by compulsory insurance for travellers or advance payments in respect of civil liability by the insurance undertaking, which are necessary to meet the immediate economic needs of the persons entitled compensation. Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on the rights and obligations of rail passengers provides, in the case of accidents involving injured or deceased passengers, of the the obligation for railway undertakings to anticipate economic quantities to meet immediate needs.

This provides an enablement to the business public entity RENFE-Operadora so that it can pay the amounts corresponding to advances on account that they legally proceed.

It is considered appropriate to be introduced into a standard that results from extraordinary and urgent need, since, although the coverage through insurance is sufficient, it must produce its effects immediately.

In addition, Annex III of Law 17/2012 of December 27, of General State Budgets for the year 2013, is amended to increase the amount authorized to ADIF to arrange credit operations, passing from 1.109.220.00 thousands of euros to 1,684,298,00 thousand euros, as a consequence of the recently experienced favorable changes in the situation of the financial markets, in order to take advantage of the current conjuncture, since in the year 2012, for the situation of In addition, ADIF was not able to raise the debt limit for that financial year.

The urgency of this amendment is justified by the need to take advantage of the favourable changes in the financial markets in recent months to try to capture liquidity for the institution, so that the unmet financing needs for the investments committed in 2012 and those corresponding to the investment commitments acquired for the year 2013 are covered.

II

Chapter II contains certain amendments to the recast text of the General Law on Social Security, adopted by Royal Legislative Decree 1/1994 of 20 June in the field of social protection part-time work, which is carried out in a set of specific rules relating to the protective action of social security applicable to part-time workers.

The additional seventh provision of the General Law on Social Security contains the rules applicable to part-time workers and, in particular, the second rule in paragraph 1 refers to periods of insurance necessary to create the right to the various benefits of Social Security by these workers.

However, the Constitutional Court's plenary session, by judgment 61/2013, of March 14, has declared unconstitutional and void, in the wording given by Royal Decree-Law 15/1998 of 27 November, of urgent measures for the improvement of the labour market in relation to part-time work and the promotion of its stability, the second paragraph of Article 14 (1) of the seventh additional provision, which is understood to infringe Article 14 of the Spanish Constitution, both for the injury of the right to equality, as well as for its predominant impact on women's employment, for causing indirect discrimination on grounds of sex. The Constitutional Court declares the aforementioned rule unconstitutional and void, without making any clarification on the legal effects of it. To that judgment, the judgments 71/2013 and 72/2013 were subsequently added, both of 8 April and 116/2013 and 117/2013 of 20 May.

The judgments affect the calculation of the quotation periods for access to the corresponding economic benefits, in respect of periods accredited with a part-time employment contract, including job-discontinuous work on a part-time or full-time basis, regardless of whether the day's reduction is carried out on a daily, weekly, monthly or annual basis.

in the Court's view, the differences in treatment as regards the calculation of the periods of absence which the part-time workers continue to experience in respect of full-time workers are not a reasonable justification to keep the due proportionality between the measure taken, the result produced and the purpose pursued.

As a result, it is necessary to dictate a standard of legal status in order to integrate the loophole that the annulment of the aforementioned rule has produced in order to the computation of the periods of lack, to cause right to Social Security benefits in the case of part-time contract workers.

With this measure, the Government considers that there are grounds for social justice which advise to make the number of years required for access to a benefit more flexible, so as to ensure at all times the principle of equality of workers, both for part-time and full-time workers, thus complying with the judgment of the Constitutional Court.

The standard also contains a formula for requiring the same effort from a full-time worker and a part-time worker. The aim is, therefore, to avoid any disproportionate effects on the contributions actually paid by the worker and the amount of the benefit received. For this purpose, the legal modification takes into account the periods of time with a contract in force on a part-time basis, in the same way as when it comes to full-time workers.

Consequently, it is necessary to lay down a rule that maintains proportionality in terms of access to the right to benefits, pensions and allowances, as well as to its value. For all this, this Chapter II aims to meet the following objectives:

1. Provide adequate coverage to all persons engaged in a work or professional activity.

2. Maintain the principles of contributivity, proportionality and equity that characterize the Spanish Social Security System.

3. Maintain equity with respect to the situation of full-time workers.

4. Avoid fraudulent or irregular situations, as well as avoid disincentive from listing to the System.

The amendments to the General Law on Social Security affecting part-time workers are of a necessary and urgent nature, in view of the legal vacuum produced by the declaration of unconstitutionality and nullity. of a part of the additional seventh provision of that provision, which today is preventing the resolution of certain procedures in respect of benefits requested by these workers.

These modifications come to the development of the "Agreement for the improvement of the conditions of access to the social protection of part-time workers" signed last thirty-one of July 2013 by the Ministry of Employment and Social Security and the organizations Workers 'Commissions, General Workers' Union, Spanish Confederation of Business Organizations and the Spanish Confederation of Small and Medium-sized Enterprises.

Chapter III introduces a number of amendments to give greater legal certainty to recipients of unemployment benefits and benefits by establishing that, in order to receive and maintain the benefit and the benefit for unemployment, the beneficiaries must be registered and maintain such registration through the renewal of the demand for employment.

In order to ensure greater legal certainty, it is expressly clarified in the law that in cases of occasional departure abroad for a maximum period of 15 calendar days within a calendar year, the the condition of the beneficiary and the benefit or the unemployment benefit is still received. In addition, they are expressly incorporated as cases of suspension of the unemployment benefit of the stay abroad up to a period of 90 days, or the transfer of residence abroad for a period of less than 12 months for the search or work, professional improvement or international cooperation, and the exit must be communicated to the managing body in advance, which must be approved, and must be extinguished otherwise.

Article 7 of this royal decree amends Article 27 of Law 56/2003 of 16 December 2003 on Employment to adapt its content to the variations introduced in the General Law of Social Security and Article 8 amends Articles 24, 25, 47 and 48 of the recast of the Law on Infractions and Sanctions in the Social Order adopted by Royal Decree-Law 5/2000 of 4 August, in order to adapt the regime of infringements and penalties to novelty that the registration as a job seeker and the maintenance of the job become necessary for the to receive and retain the right to benefit. In addition, the validity of citations and communications by electronic means is strengthened provided that the beneficiaries of the unemployment benefits have previously expressed their consent.

Finally, the recast text of the Law on Infringements and Sanctions in the Social Order is also amended to maintain the proportionality of the current system of infringements and penalties in relation to the obligation of the employer to make an initial communication to the State Employment Public Service of the collective redundancy measures adopted pursuant to Article 51 of the recast text of the Law of the Workers ' Statute, approved by the Royal Decree Regulation (EEC) No 1/1995 of 24 March 1995, as well as measures for the suspension of contracts or reduction of working hours adopted in accordance with Article 47.

As regards the extraordinary and urgent need for the regulatory changes to be made in Chapter III, it should be made clear that these are measures in the field of employment and social security which, on the one hand, come to to strengthen the link between unemployment protection and the employment integration of unemployed persons, and, on the other hand, they respond to the objective of providing greater legal certainty for employers and recipients of benefits and benefits for unemployment. It is required that, as a matter of urgency, the necessary measures are taken to set up registration as a job seeker and to maintain it as a necessary requirement to receive and retain the right to benefit. In line with the above measure, it is also necessary that the necessary adaptations be made immediately to the Law 56/2003 of 16 December 2003 on the Impulse Measures of the Information Society and to the regime of infringements and penalties governing such matters.

The urgency of the measure to establish as an infringement specifies the employer's failure to comply with the obligation to notify the measures of suspension of contracts or reduction of working hours and dismissal In accordance with Article 47 and 51 of the Staff Regulations, it is justified by the recent implementation of the electronic data communication system provided for in Order ESS/982/2013 of 20 May, which regulates the the content and the procedure for referral of the communication to be made by the employers to the Entity Management of unemployment benefits in procedures for collective redundancy and suspension of contracts and reduction of working hours. It is intended to avoid the situation of making it more favourable for the infringer not to make any communication, in breach of its obligations in an absolute manner, to partially fail to communicate the variations, which determines the urgency of the legal change to avoid such situations which are contrary to the principle of proportionality and which may affect workers ' rights, the social protection system and free competition between undertakings.

In Chapter IV of this royal decree-law, different precepts of the recast text of the Law of the Workers ' Statute are modified, which regulate the negotiating commission and the individuals entitled to act, representing workers, as interlocutors to the management of the undertaking during the period of consultations which must take place prior to the adoption of collective geographical mobility measures (Article 40), a substantial change of working conditions (Article 41), as well as in the procedures for the suspension of contracts or reduction of working hours for economic, technical, organisational or production reasons (Article 47), collective redundancies (Article 51.2) and the implementation of working conditions laid down in collective agreements (Article 82.3).

In all these procedures it is established that the consultation will be carried out in a single special negotiating committee, although in the case of being several the centres of work affected, it will be limited to the centres affected by the procedure. With this amendment, the possibility of the consultation being carried out separately by job centres, currently provided for in Royal Decree 1483/2012 of 29 October, which approves the regulation of the procedures of the collective redundancy and suspension of contracts and reduction of working hours. In addition, the negotiating committee is expected to be composed of a maximum of 13 members representing each of the intervening parties in the consultation period, in line with the number of members of the negotiating committee. enterprise collective agreement.

In the new regulation, the representative commission of workers must be constituted before the beginning of the period of consultation, with the express provision that the absence of such a commission does not prevent the opening or the course of the consultation period. In addition, the determination of those who are to be integrated into the commission of a maximum of 13 members is improved, in proportion to the number of workers in the affected centres.

In addition, in the case of collective dismissal, the wording of Article 51 is amended as regards the information to be provided by the company, in order to improve legal certainty in the delimitation of the cases. declaration of invalidity of collective dismissal for failure to deliver the required documentation.

The amendments introduced by Article 9 and the fourth final provision concerning procedures for the suspension of contracts, reduction of working hours and collective redundancies are justified from the point of view of the This is an urgent need, for the need to urgently review the regulation of the negotiating committee in the procedures for the suspension of contracts and the reduction of working hours and collective redundancies in an economic context in which the Legal certainty is crucial both for companies and for workers, as has been pointed out in various judicial pronouncements. This could also affect the remaining cases of intervention by committees representing workers in consultation procedures provided for in the Staff Regulations. These same reasons are in the need to remove the contradictions arising from the existence of a different regulatory and legal regulation as soon as possible, allowing for the immediate application of the changes made in the mentioned procedures.

On the other hand, article 10 of this royal decree adapts the content of article 64 of Law 22/2003, of July 9, Bankruptcy, concerning the processing of the procedures for the substantial modification of the conditions of collective work, including collective transfers, and collective suspension or termination of employment relationships, once the competition has been declared, to changes affecting the negotiating body in consultation procedures.

Article 11 amends Law 36/2011, of October 10, regulating social jurisdiction, in relation to the procedural modality of collective dismissal so that collective challenges can take on a greater space. The reasons for the nullity of the collective dismissal are clarified in order to give it greater legal certainty and the sentences that declare a collective dismissal are allowed to be directly enforceable, without the need to go to procedures. individual.

The extraordinary and urgent need in the amendments introduced in the Regulatory Law of Social Jurisdiction is justified in the need to introduce technical improvements in the new procedural modality of collective redundancies. -introduced by Law 3/2012, of July 6, of urgent measures for the reform of the labour market-, in order to avoid the litigation and the saturation of the courts of the social order, to comply with the principle of celerity consecrated legally and promote greater legal certainty.

III

The additional provisions of this royal decree-law regulate and clarify various matters.

A new forecast is included in relation to the consideration of the Company for the Management of the Banking Restructuring Process (SAREB) as a contributing entity in the management of the aid of the housing plans State aid, in order to ensure that the loans agreed with that entity can maintain the related State aid.

The reasons for the urgency of this provision are as follows. The transfer of assets from different financial institutions to the Company for the Management of Banking Restructuring Assets (SAREB) has included the transfer of different agreed loans that were beneficiaries of some kind. of State aid, of those referred to in the successive State Housing Plans, as a result of the agreements signed between the financial institutions and the Ministry of Public Works (or, in their day, the Ministry of Housing). In view of the limitations to the subrogation contained in those conventions, and given, moreover, the special nature of SAREB which does not, in itself, have the status of a contributing financial institution, there have been undesirable consequences of losses of the aid for the loans affected by these agreements, a situation which needs to be remedied as soon as possible, so as not to make any difficult solution to the real estate promotions concerned.

On the other hand, the approval of Law 4/2013 of 4 June, of measures of relaxation and promotion of the market for rental housing, which includes, in its second provision, different measures of application to the State aid schemes, by introducing pre-clusive deadlines, also require a specific solution to be proposed for loans transferred to the SAREB which would be affected by the measures and timetable introduced in the Second provision of Law 4/2013.

Also, in the actual decree-law, an additional third provision is included which states that Order FOM/898/2005 will remain applicable until the first update of the amounts of the railway charges by means of the procedure laid down in the new Article 77 and certain amendments are made to it.

The amendment of the abovementioned order, contained in the same provision, is necessary in order to be able to adapt the parameters for determining the railway charges to the requirements of the European legislation and the new wording of the Article 73 of the Law of the Railway Sector. In this way, a new design of the railway charges will be allowed to be carried out in advance of the updating of its amount in the General Budget Law of the State of the financial year 2014.

The modification of the parameters for the quantification of the railway charges will allow the future update of its value to improve the coverage of the real costs of maintenance and conservation of the infrastructure that the entity manages, contributing to the policy of budgetary stability and advancing the objective of economic sustainability of the railway sector, as well as adapting the levels of such collection to the perceived by other European railway infrastructure managers.

This is intended to ensure that the judgment of the Court of Justice of the European Union of 28 February 2013, which condemns the Kingdom of Spain for non-compliance with Directive 2001 /14/EC, is complied with as quickly as possible. European Parliament and the Council of 26 February 2001 on the allocation of railway infrastructure capacity, the levying of charges for their use and safety certification, which justifies the urgency of the measure.

The fourth additional provision states that the government, within one year of the entry into force of the standard, will draw up a report on the impact of the measures introduced on it. (i) all part-time workers, with the possibility of making proposals in order for a possible further improvement of both the contribution and the protective action of such a collective.

The transitional provision first provides that the new regulation on the social protection of part-time workers shall apply, in the terms which it lays down, to the benefits of social security. prior to the entry into force of the royal decree-law, they would have been refused for failing to prove the minimum required price period and the benefits for which the application is being processed.

The second transitional provision provides that the procedures laid down in Articles 40, 41, 47, 51 and 82 of the Staff Regulations and in Article 64 of the Law of the Court of Justice, initiated prior to the date of entry into force of this royal decree-law will result from application of the current regulations to the date of its commencement.

The third transitional provision regulates the procedural regime applicable to collective redundancies for economic, organizational, technical or production causes or derived from force majeure.

The final provision first contains the competition titles, and in relation to the final disposition second point out that, in order to facilitate the public-private collaboration in the field of the labor intermediation through the duly authorised placement agencies, and thus to improve the possibility of the unemployed workers being inserted, amends Article 5 of Royal Decree 1796/2010 of 30 December 2010 governing the placement agencies, for to allow subcontracting in the field of work intermediation, although respecting the limit that subcontracting can only be carried out with third parties authorised to act as placement agencies.

The third final provision amends Royal Decree 625/1985 of 2 April 1985 implementing Law 31/1984 of 2 August on unemployment protection, in order to avoid the undue compatibility of the application or the receipt of the benefit and the unemployment benefit with the self-employed or employed person, in the cases where the employer or the worker himself requests the discharge in social security out of time as a result of the action inspector.

With the requirement that the performance of works, as a cause of suspension of the benefit, be communicated with prior character, the procedure is equated with the obligation that exists in relation to affiliation/discharge.

The fourth final provision contains a number of amendments to Royal Decree 1483/2012 of 29 October 2012 approving the Regulation on procedures for collective redundancy and suspension of contracts and reduction of In order to adapt the regulatory regulation of these procedures to the changes introduced by this real decree-law in Articles 47 and 51 of the Workers ' Statute, in particular with regard to the negotiating committee of the the procedures and the content of the communication from the start of the procedure to the authority work.

As regards the content of the second final provision, its urgent nature is justified by the immediate application of the additional thirtieth provision of the recast text of the Public Sector Contracts Act, approved by the Royal Legislative Decree 3/2011 of 14 November, which was introduced by Royal Decree-Law 4/2013 of 22 February, of measures of support to the entrepreneur and of stimulus of growth and job creation, current Law 11/2013, 26 July, measures to support the entrepreneur and to stimulate growth and job creation, to enable the joint formalisation of framework agreements for the procurement of services to facilitate labour intermediation. As the effectiveness and good result of these service contracts is to allow subcontracting in the field of employment intermediation, it is essential to make the normative modification before the formalization of the said Agreement. Joint frame.

The requirement for the obligation to communicate, on a prior basis, the carrying out of work incompatible with the unemployment benefit or allowance, as a cause of suspension, regulated in the third final provision is justified by the purpose of avoiding non-complaint interpretations of the rule currently being produced in the case of high-communicated out of time, considering that the perception and the work is not being reconciled since it will not charge part of the provision corresponding to that day, a situation which favours fraud in the benefits, with the negative consequences for equity in the treatment of applicants or beneficiaries of benefits and render the fight against fraud in unemployment benefits ineffective.

The fifth final provision is intended to comply with the European Commission Decision of 17 July 2013 on the tax regime applicable to certain agreements in the field of regulatory adaptation. financial leasing, in respect of the administrative authorisations granted under the provisions of Article 115 (11) of the recast of the Companies Tax Act (in the wording in force on the dates before (a) and the special tax system of shipping entities on the basis of tonnage, in favour of groups of economic interest, which remain in force.

Finally, the objective of the change operated by the sixth final provision is to provide greater legal certainty on the cases that a Local Entity is not aware of the payment of its debts to the Fund for the Financing of the Payment to Suppliers in a way that clarifies the legal options that this local entity has so that under this mechanism the invoices that have to be paid with its suppliers can be paid. These options are: by deadline of September 15, 2013, to proceed with the payment of their outstanding obligations to the Fund for the Financing of the Payment to Suppliers, or to have requested their entry into the additional liquidity measures. for municipalities with financial problems foreseen in Royal Decree-Law No 8/2013 of 28 June, of urgent measures against the late payment of public administrations and support for local entities with financial problems.

This clarification will allow more Local Entities to qualify for this third and final phase of the mechanism if they opt for one of these two alternatives and thus facilitate payment to their suppliers. It is also possible to allow the payment obligations to be met by the suppliers of the regional councils which have been excluded from this mechanism. Although these councils do not have the guarantee of their participation in the State taxes, it will be the Autonomous Community, as has been done with the universities, that will assume the payment of the loan to the Financing Fund for payment to the suppliers.

This modification is necessary in order to facilitate the development of the third phase of the financing mechanism for payment to providers for Local Entities that are not yet aware of the payment of their debts with the Fund for the Financing of the Payment to Suppliers, as well as for the outstanding obligations of the suppliers of the regional councils to be met by this mechanism. This modification becomes urgent as this third phase of this mechanism has already been started.

In the whole and in each of the measures that are adopted, there is, by its nature and purpose, the circumstances of extraordinary and urgent need that Article 86 of the Spanish Constitution requires as budgets. enabling for the approval of a royal decree-law.

In its virtue, making use of the authorization contained in article 86 of the Spanish Constitution, on the proposal of the Ministers of Finance and Public Administrations, of Promotion and of Employment and Social Security, and previous deliberation of the Council of Ministers at its meeting on 2 August 2013,

DISPONGO:

CHAPTER I

Infrastructure and transport policy changes

Article 1. Amendment of Law 21/2003 of 7 July on Air Safety.

Article 92 (2) (c) of Law 21/2003 of 7 July 2003 on Air Safety is amended as follows:

" c) Deficit adjustment. If in the financial years 2014, 2015, 2016, 2017 and 2018 the result of the application of this formula leads to an increase of more than 2,5% in 2014, to 4,5% in 2015, and to 5,5% for the three successive years, the maximum increase to be applied will be the one that results to apply such percentages, recovering over the next five years, the possible deficit produced both during these exercises and in 2013, as a result of the actual increase to be applied. The accumulated deficit will be capitalized, from the moment of its generation to that of its effective collection, at a rate equivalent to the weighted average cost of capital before taxes of Aena Aeropuertos, S.A.

If during the period referred to in the preceding paragraph, 2014 to 2018, the application of the formula shall at least result in a result lower than the maximum established, such maximums may be applied to the object of Aena Airports, S.A. can recover from that moment the deficit in which it would have incurred. "

Article 2. Amendment of Law 39/2003 of 17 November of the Railway Sector.

Law 39/2003 of 17 November of the Railway Sector is amended as follows:

One. Article 21 (l) is worded as follows:

" (l) The proposal to amend and update the fees for the use of railway infrastructure, its determination, and the charging of such fees and, in the case of fees for the provision of additional services, complementary and auxiliary. "

Two. A second subparagraph is added to Article 73 (1), which shall be worded as follows:

" This Section lays down the general framework for the fees, which will enable the railway infrastructure manager to determine which charges apply to each of the lines, sections, stations and other Installations of the General Interest Railway Network which it administers. "

Three. Paragraphs 5 and 6 of Article 73 are worded as follows:

" 5. They shall also be taken into account for the establishment of the amount of railway charges, in accordance with the effective operation of the Railway Network of General Interest, considerations reflecting the degree of congestion of the infrastructure and the proper functioning of the system, the promotion of new rail transport services, as well as the need to encourage the use of underused lines, ensuring, in any case, optimal competition between railway undertakings.

The charging system should provide incentives for railway undertakings and the railway infrastructure manager itself to minimise disruption and to improve the operation of the Railway Network of Interest. General. The basic principles of this incentive scheme will apply to the whole network. Such a system may include the imposition of penalties for actions that disrupt the functioning of the network, the granting of compensation to undertakings suffering from them and the granting of premiums to the best-than-expected results.

6. By order of the Ministry of Development, the basic principles for the application of the bonus and incentive systems set out in the previous paragraphs will be developed and updated. In particular, in relation to the system of incentives to reduce disturbances and improve performance, this order shall at least:

a) Procedures for calculating travel times and punctuality margins.

b) Classification of delays and disturbances.

c) Procedures for counting delays and imputation of the disturbance responsibilities.

d) Calculation periods.

e) Procedures for assessing delays and settlement.

f) Conflict resolution procedures.

g) Required periodic system information.

Likewise, also through the order of the Ministry of Public Works, the elements that make up the general framework of the canyons can be developed and completed, respecting the competences of the Ministry of Public Works, according to the Ministry of Public Works. legal framework in force.

The above mentioned orders will have to be previously reported by the Government's Delegation for Economic Affairs. "

Four. Article 77 is worded as follows:

" Article 77. Update.

1. The proposal to amend or update the amounts resulting from the provisions of Articles 74 and 75 shall be drawn up by the railway infrastructure manager, together with the relevant economic and financial memory. on the cost or value of the resource or activity concerned and the justification for the proposed amount, which shall be in accordance with Article 20.1 of Law 8/1989 of 13 April of Public Fees and Prices.

This proposal will be submitted to the railway companies and to the report of the National Commission of the Markets and the Competition, and will establish the concrete values of the parameters of the canons, particularizing in their case, on each line, network element, or application periods.

2. The values thus obtained will be sent to the Ministry of Public Works for the verification of their suitability for the general framework of the fees and the rest of the legal and competitive framework in force, and their inclusion in the preliminary draft of the Budget Laws. State generals. "

Five. Article 81 (1) (j) shall have the following wording:

" (j) The development of the general framework of fees and the incentive system, as well as the verification that the proposed fees drawn up by the railway infrastructure manager are in line with the general framework of the royalties and the objectives and objectives to be established. "

Six. A new additional twelfth provision is added, with the following wording:

" Additional Disposition 12th. Comprehensive assistance to affected by rail accidents.

Victims of accidents occurring in the field of state-controlled rail transport and their families will be entitled to comprehensive assistance to ensure adequate care and support. The Government shall develop regulations on measures relating to rail transport accident assistance. "

Article 3. Amendment of Law 17/2012 of 27 December of General State Budgets for 2013.

Law 17/2012 of 27 December 2013 on the General Budget of the State for 2013 is amended as follows:

The amount authorised in Annex III of Law 17/2012, of 27 December, of General Budget of the State for 2013, for the credit operations to be arranged by the Railway Infrastructure Manager (ADIF) in This year, EUR 1,684,298,00 000 is fixed.

This authorization is understood to be carried out on the same terms as set out in Annex III to that Law.

Article 4. Subsidiary financial coverage for the immediate attention of the persons affected by the railway accident on 24 July 2013.

The business public entity Operator may pay, in the terms and cases that are legally applicable, the amounts that, above those paid for by compulsory passenger or advance insurance for the purposes of civil liability for the insurance undertaking, which is necessary to meet the immediate economic needs of persons entitled to compensation. Where appropriate, the application of such quantities by the Operator shall also have the character of an advance on the basis of the compensation which is recognised and does not prejudice the right or the amount of the compensation, or the recognition of patrimonial liability.

CHAPTER II

Changes in the social protection of part-time work

Article 5. Amendment of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June.

The additional seventh provision of the recast text of the General Law on Social Security, approved by Royal Decree-Law 1/1994 of 20 June, is amended as follows:

One. The second paragraph of paragraph 1 is worded as follows:

" Second. Quotation periods.

To credit the quotation periods necessary to cause entitlement to retirement benefits, permanent incapacity, death and survival, temporary incapacity, maternity and paternity, the following shall apply: rules:

(a) account shall be taken of the different periods during which the worker has been discharged on a part-time contract, irrespective of the length of the journey taken in each of them.

To this effect, the coefficient of bias, which is determined by the percentage of the working day carried out on a part-time basis in relation to the time taken by a comparable full-time worker, will be applied to the period of discharge on a part-time basis, the result being the number of days to be considered effectively quoted for each period.

The number of days that will be added, if any, the days quoted full time, the result being the total number of accredited quotation days for access to the benefits.

b) Once the number of accredited trading days is determined, the overall bias coefficient shall be calculated, this being the percentage representing the number of days worked and credited as being quoted, in accordance with the provisions of point (a) above, on the total number of days on discharge throughout the worker's entire working life. In the case of temporary disability allowance, the calculation of the overall coefficient of bias shall be carried out exclusively over the last five years. In the case of maternity and paternity allowance, the overall coefficient of bias shall be calculated over the last seven years or, where appropriate, over the entire working life.

(c) The minimum contribution period required of part-time workers for each of the economic benefits which they have established shall be the result of applying the general rule to the the overall coefficient of bias referred to in point (b).

In cases where, for the purposes of access to the relevant economic performance, part or all of the minimum required price period is required to be included within a given time limit, the ratio (a) a general bias shall be applied to fix the required trading period. The temporary space in which the period payable is to be understood shall in any event be the general rule for the respective benefit. '

Two. Paragraph (c) of the third paragraph of Article 1 is worded as follows:

" (c) For the purposes of determining the amount of retirement pensions and permanent disability arising from a common illness, the number of days listed in accordance with the second subparagraph of point (a) of the second rule, shall be increased with the application of the coefficient of 1,5, without the resulting number of days being higher than the part-time period.

The percentage to be applied on the respective regulatory basis shall be determined in accordance with the general scale referred to in Article 163 (1) and the transitional provision twenty-first, with the following exception:

When the person concerned shows a contribution period of less than 15 years, taking into account the sum of the days full time with the days on a part-time plus the latter with the coefficient of 1,5, the percentage apply on the respective regulatory basis shall be the equivalent of applying to 50 the percentage representing the contribution period credited by the worker over 15 years. '

CHAPTER III

Changes in employment and unemployment protection

Article 6. Amendment of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June.

The recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June, is amended as follows:

One. A new point (e) is added to Article 207, with the following wording:

"e) Being registered as a job seeker in the competent public employment service."

Two. The title and Article 209 (1) shall be drawn up in the following terms

" Article 209. Application, birth and retention of entitlement to benefits.

1. Persons who satisfy the conditions laid down in Article 207 of this Law shall apply to the competent Management Entity for the recognition of the right to benefits which shall be provided on the basis of the legal status of the unemployment, as long as it is requested within the next 15 days. The application will require registration as a jobseeker. In addition, the commitment of activity referred to in Article 231 of this Law shall be entered on the date of application.

The registration as a jobseeker must be maintained throughout the period of duration of the benefit as a necessary condition for the preservation of its perception, the payment being suspended, in case of failure to comply with the requirement, in accordance with the provisions of Article 212 of this Law. "

Three. Two new points (f) and (g) are added to Article 212 (1), with the following wording:

" (f) In the case of transfer of residence abroad in which the beneficiary declares that it is for the purpose of seeking or carrying out work, professional improvement or international cooperation, for a continuous period less than 12 months, provided that the departure from abroad is previously communicated and authorised by the managing body, without prejudice to the application of the provisions on the export of benefits under European Union rules.

g) In cases of stay abroad for a period, whether continued or not, up to 90 days maximum during each calendar year, provided that the foreign exit is previously communicated and authorized by the entity manager.

You shall have no consideration of residence or residence of the departure abroad for a period of not more than 15 calendar days for one time each year, without prejudice to the fulfilment of the obligations laid down in the Article 231.1. "

Four. Article 212 (3) is amended, which is worded as follows:

" 3. Failure by the beneficiaries of the unemployment benefits to submit, within the time limits laid down, the documents required of them, provided that they are likely to affect the preservation of the right to the benefits, may give rise to the adoption by the managing body of the necessary preventive measures, by suspending the payment of the said benefits, until such beneficiaries appear before the latter as they comply with the established legal requirements for the maintenance of the right, which will be resumed from the date of the appearance.

In addition, the managing body will suspend the payment of benefits during the periods in which the beneficiaries are not registered as jobseekers in the public employment service, and will be resumed from the the date of the new registration after appearance before the managing body by crediting that registration, unless the suspension of the provision or its termination is maintained for any of the reasons set out in this or other rule. '

Five. The first subparagraph of Article 212 (4) (b) is amended as follows:

" (b) Upon request of the person concerned, in the cases referred to in paragraphs (b), (c), (d), (e), (f) and (g) of paragraph 1, provided that the cause of suspension has been completed, which, if appropriate, constitutes such cause, legal status of unemployment, or which, where appropriate, the requirement of a lack of income or the existence of family responsibilities is maintained. In the case of point (d) of paragraph 1, in the case of selfemployed persons under 30 years of age who are initially to be discharged into the Special Scheme of Social Security of Workers for Own or Autonomous Account or in the Special scheme for the Social Security of the Workers of the Sea, unemployment benefit may be resumed when the work on its own account is of less than 60 months. "

Six. Article 213 (1) (g) is amended, which is worded as follows:

"(g) Transfer of residence or stay abroad, except in cases where the suspension is caused by suspension as referred to in points (f) and (g) of Article 212.1."

Seven. A new paragraph 4 is added to Article 215, with the following wording:

" 4. In all the forms of allowance provided for in paragraph 1, the requirement to be registered and to maintain the registration as a claimant of employment on the same terms as provided for in Article 207 (e) and Article 209.1 of this Law shall be required. '

Eight. Article 231 (1) (h) is amended, which is worded as follows:

"(h) Be registered as a jobseeker, maintain registration and meet the requirements of the undertaking of activity in accordance with the terms laid down in Article 27 of Law 56/2003 of 16 December 2003 on Employment."

Nine. Article 233 (c) is amended, which is worded as follows:

"(c) Those relating to the imposition of sanctions on workers as laid down in Article 48.5 of the recast of the Law on Infringements and Sanctions in the Social Order."

Article 7. Amendment of Law 56/2003, of 16 December, of Employment.

Article 27 (4) of Law 56/2003 of 16 December 2003 on Employment is amended as follows:

" 4. The beneficiaries of unemployment benefits and allowances registered in the public employment services, once they have subscribed to the undertaking, must take part in the active employment policies to be determined in the insertion, without prejudice to the provisions of the last paragraph of Article 231.1 of the recast text of the General Law on Social Security. The competent public employment services shall verify the fulfilment of the obligations arising from the subscription to the undertaking of the beneficiaries of unemployment benefits and allowances by communicating the penalty imposed in their case, at the time it is imposed, to the State Employment Public Service for enforcement by the State.

The competent public employment services shall also verify compliance with the obligation of those beneficiaries to remain registered as jobseekers, and must communicate the non-compliance with this obligation. to the State Employment Public Service at the time they are produced or known. Such communication may be made by electronic means and shall be sufficient document for the State Employment Public Service to initiate the appropriate sanctioning procedure. "

Article 8. Amendment of the recast of the Law on Infractions and Penalties in the Social Order, approved by the Royal Decree-Law 5/2000 of 4 August.

The recast of the Law on Infringement and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000 of 4 August, is amended as follows:

One. Article 22 (13) is amended as follows:

" 13. Failure to comply with the obligation to notify the managing body of the unemployment benefit, prior to its effectiveness, the measures for collective redundancy or suspension or reduction of working time, in the form and with the content laid down (a) the rules governing the application of the rules of procedure laid down in Article 1 (1) of Regulation (EU) No 612/1 of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council reduction of working hours, as in the latter case, the working hours affected by the reduction. "

Two. Points (a) and (d) of paragraph 3 are amended and a new paragraph 4 is added to Article 24, with the following wording:

"(a) Failure to appear, upon request, to public employment services or placement agencies when they carry out activities in the field of collaboration with those, except for justified reasons."

" (d) Not to provide public employment services with the information necessary to ensure the receipt of their notifications and communications.

Citations or communications made by electronic means shall be deemed valid for the purposes of notifications provided that the workers have previously expressed their consent. "

" 4. In the case of applicants or beneficiaries of contributory or assistance level unemployment benefits, the following defaults to the managing body of such benefits:

a) Do not provide the necessary information to ensure receipt of your notifications and communications.

Citations or communications made by electronic means shall be deemed valid for the purposes of notifications provided that the workers have previously expressed their consent.

b) Failure to comply with the requirement, required for the preservation of the perception of the benefit, to be registered as a claimant of employment in the terms laid down in Articles 209.1 and 215.4 of the recast text of the General Law of Social Security, except for justified reasons. "

Three. Article 25 (3) is amended as follows:

" 3. Failure to communicate, with the exception of justified reasons, the loss of benefits at the time when situations of suspension or termination of the right occur, or when the requirements for the right to their perception are no longer met when the benefit has been unduly perceived by any of those causes, provided that the conduct is not typified as a minor infringement in Article 24.4.b) of this law. "

Four. The first subparagraph of point (a) and point (c) of Article 47 (1) and Article 47 (4) shall be worded as follows:

" a) Mild, with loss of pension or benefit for a month. In the case of unemployment benefits on a contributory or welfare level, the minor offences referred to in Article 24 (2), (3) and (4) shall be punished according to the following scale:

1. th violation. Loss of 1 month of benefits.

2. th violation. Loss of 3 months of benefits.

3. th violation. Loss of 6 months of benefits.

4. th violation. Termination of benefits. "

" (c) The very serious, with the loss of the pension or benefits over a period of six months, and in the case of unemployment benefits or benefits or the cessation of activity of the self-employed worker, with the extinction.

Likewise, they may be excluded from the right to receive any economic benefit and, where appropriate, aid for the promotion of employment for one year, as well as the right to participate during that period in vocational training for the employment. "

" 4. The imposition of the penalties for the infringements provided for in this subsection shall be carried out in accordance with the provisions of Article 48.4 and 5 of this Law, respecting the respective competence of the sanctioning body and establishing the cooperation necessary for the enforcement of the sanction imposed, where the penalty corresponds to the competence of another body. "

Five. Article 48 (5) is worded as follows:

" 5. The imposition of penalties for infringements in the field of social security for workers corresponds, on the proposal of the Labour and Social Security Inspectorate, to the managing body or the common service of competent social security. In the case of offences committed by applicants or beneficiaries of unemployment benefits at the level of contributory or aid level, the competence of the managing body of the latter, except in the case of infringements contained in the Articles 24.3 and 25.4 of this Law, in which the imposition of the penalty shall be the responsibility of the competent public employment service which shall communicate the penalty, at the time it is imposed, to the managing body of the unemployment benefits for its execution by this. "

CHAPTER IV

Changes in labor

Article 9. Amendment of the recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24.

The recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is amended as follows:

One. Article 40 (2) is amended as follows:

" 2. The transfer referred to in the preceding paragraph shall be preceded by a period of consultation with the legal representatives of workers of a duration not exceeding 15 days, when the whole of the work centre is affected, provided that (a) in the case of a worker, or where, without affecting the whole of the work centre, in a period of 90 days he or she understands a number of workers, at least:

a) Ten workers, in companies with fewer than 100 employees.

b) 10 percent of the number of workers in the company in those who occupy between one hundred and three hundred workers.

c) Thirty workers in companies that occupy more than three hundred workers.

This consultation period should address the reasons behind the business decision and the possibility of avoiding or reducing its effects, as well as on the measures needed to mitigate its consequences for the workers affected. The consultation will be carried out in a single negotiating committee, but if there are several working centres, it will be limited to the centres affected by the procedure. The special negotiating body shall be composed of a maximum of 13 members representing each of the parties.

The intervention as interlocutors to the management of the company in the consultation procedure shall correspond to the subjects referred to in Article 41.4, in the order and conditions specified therein.

The representative commission of the workers must be constituted prior to the business communication of the beginning of the consultation procedure. For these purposes, the management of the undertaking must inform the employees or their representatives of their intention to initiate the procedure. The maximum period for the constitution of the representative commission shall be seven days from the date of such communication unless one of the centres of work which is affected by the procedure does not have representatives legal workers, in which case the time limit shall be 15 days.

After the maximum period for the constitution of the representative commission, the management of the company may communicate the beginning of the period of consultation to the representatives of the workers. The lack of constitution of the representative commission shall not prevent the beginning and the course of the period of consultation, and its constitution after the start of the consultation shall in no case lead to the extension of its duration.

The opening of the consultation period and the positions of the parties following their conclusion shall be notified to the working authority for their knowledge.

During the consultation period, the parties will have to negotiate in good faith, with a view to reaching an agreement. Such an agreement shall require the agreement of the majority of the legal representatives of the employees or, where appropriate, of the majority of the members of the representative commission of the workers provided that, in both cases, they represent the majority of the the workers of the centre or centres of work concerned.

After the end of the consultation period, the employer shall notify the workers of his decision on the transfer, which shall be governed by all the provisions of paragraph 1 of this Article.

Against the decisions referred to in this paragraph, it may be claimed in collective conflict, without prejudice to the individual action provided for in paragraph 1 of this Article. The interposition of the conflict will paralyse the processing of the individual actions initiated, until their resolution.

The agreement with the legal representatives of the workers in the period of consultation shall be without prejudice to the right of the workers concerned to the exercise of the option provided for in the third subparagraph of paragraph 1 of this Article. this article.

The employer and the legal representation of workers may at any time agree to replace the period of consultation referred to in this paragraph by the application of the mediation or arbitration procedure which is applicable within the scope of the undertaking, which shall be developed within the maximum period specified for that period. '

Two. Article 41 (4) is amended as follows:

" 4. Without prejudice to the specific procedures which may be laid down in collective bargaining, the decision on the substantial modification of working conditions of a collective nature shall be preceded by a period of consultation with the legal representatives of workers, of not more than 15 days, which will deal with the reasons for the business decision and the possibility of avoiding or reducing its effects, as well as on the measures necessary to mitigate its effects. consequences for the workers concerned. The consultation will be carried out in a single negotiating committee, but if there are several working centres, it will be limited to the centres affected by the procedure. The special negotiating body shall be composed of a maximum of 13 members representing each of the parties.

The intervention as interlocutors to the management of the company in the consultation procedure will correspond to the trade union sections when they agree, provided they have the majority representation in the works councils or among the staff delegates of the centres of work concerned, in which case they shall represent all workers in the centres concerned.

In default of the preceding paragraph, the intervention as interlocutors will be governed by the following rules:

(a) If the procedure concerns a single working centre, it shall be the responsibility of the business committee or the staff delegates. In the absence of legal representation of workers in the workplace, they may choose to attribute their representation for the negotiation of the agreement, to their choice, to a commission of up to three members, consisting of: workers of the company itself and elected by those democratically or to a commission of equal number of components designated, according to their representativeness, by the most representative and representative trade unions of the sector to which the undertaking belongs and that they were legitimized to be part of the negotiating commission of the convention application collective to the same.

In the event that the negotiation takes place with the commission whose members are appointed by the trade unions, the employer may attribute its representation to the business organizations in which it is integrated, they may be the same as the most representative at the regional level, and regardless of the organisation in which it is intersectoral or sectoral.

b) If the procedure affects more than one job centre, the intervention as partners will be:

First of all, to the inter-center committee, provided that it is attributed to that function in the collective agreement in which its creation would have been agreed upon.

In another case, a representative commission that will be constituted according to the following rules:

1. If all the work centers affected by the procedure have legal representatives of the workers, the commission will be integrated by them.

2. If one of the affected workplaces has legal representatives of the workers and others do not, the commission will be composed only of legal representatives of the workers of the centers that have those representatives. This is the case, unless the employees of the institutions who do not have legal representatives choose to appoint the commission referred to in paragraph (a), in which case the representative commission shall be jointly composed of legal representatives of the institutions. the workers and members of the committees referred to in that paragraph, in proportion to the number of workers they represent.

In the event that one or more of the work centres affected by the procedure which do not have legal representatives of the workers choose not to designate the commission of paragraph (a), their representation shall be assigned to them. legal representatives of the employees of the affected workplaces who have them, in proportion to the number of workers they represent.

3. If none of the work centers affected by the procedure has legal representatives of the workers, the representative commission shall be composed of those elected by and among the members of the designated commissions in the work centres concerned in accordance with the provisions of subparagraph (a), in proportion to the number of workers they represent.

In all cases referred to in this paragraph, if as a result of the application of the above rules the initial number of representatives is greater than thirteen, they shall elect by and between them a maximum of thirteen, in proportion to the number of workers they represent.

The representative commission of the workers must be constituted prior to the business communication of the beginning of the consultation procedure. For these purposes, the management of the undertaking must inform the employees or their representatives of their intention to initiate the procedure for the substantial modification of working conditions. The maximum period for the constitution of the representative commission shall be seven days from the date of such communication unless one of the centres of work which is affected by the procedure does not have representatives legal workers, in which case the time limit shall be 15 days.

After the maximum period for the constitution of the representative commission, the management of the company may communicate the beginning of the period of consultation to the representatives of the workers. The lack of constitution of the representative commission shall not prevent the beginning and the course of the period of consultation, and its constitution after the start of the consultation shall in no case lead to the extension of its duration.

During the consultation period, the parties will have to negotiate in good faith, with a view to reaching an agreement. Such an agreement shall require the agreement of the majority of the legal representatives of the employees or, where appropriate, of the majority of the members of the representative commission of the workers provided that, in both cases, they represent the majority of the the workers of the centre or centres of work concerned.

The employer and the representation of the employees may at any time agree to replace the period of consultation with the mediation or arbitration procedure that is applicable in the field of the company, which it must be developed within the maximum period prescribed for that period.

Where the period of consultations is terminated by agreement, the supporting causes referred to in paragraph 1 shall be presumed to be present and may be challenged only before the competent jurisdiction for the existence of fraud, or abuse of law in its conclusion. This is without prejudice to the right of the workers concerned to exercise the option provided for in the second subparagraph of paragraph 3 of this Article. "

Three. Article 47 (1) is amended as follows:

" 1. The employer may suspend the contract of employment for economic, technical, organisational or production reasons, in accordance with the provisions of this Article and the procedure to be determined by law.

It is understood that economic causes are present when the results of the company result in a negative economic situation, in cases such as the existence of current or anticipated losses, or the persistent decrease in their level of revenue or sales. In any event, the decrease is understood to be persistent if for two consecutive quarters the level of revenue or sales for each quarter is lower than that recorded in the same quarter of the previous year.

It is understood that technical causes are present when changes occur, among others, in the field of means or instruments of production; organizational causes when changes occur, among others, in the field of systems and methods of staff work or in the way of organizing production and production causes when changes occur, among others, in the demand for the products or services that the company intends to place on the market.

The procedure, which shall be applicable to any number of employees of the undertaking and the number of persons affected by the suspension, shall be initiated by means of communication to the competent labour authority and the simultaneous opening of a period of consultation with the legal representatives of workers of a duration not exceeding 15 days.

The consultation will be carried out in a single negotiating committee, but if there are several work centres, it will be limited to the centres affected by the procedure. The special negotiating body shall be composed of a maximum of 13 members representing each of the parties.

The intervention as interlocutors to the management of the company in the consultation procedure shall correspond to the subjects referred to in Article 41.4, in the order and conditions specified therein.

The representative commission of the workers must be constituted on the basis of the business communication of the opening of the consultation period. For these purposes, the management of the undertaking must inform the employees or their representatives of their intention to initiate the procedure. The maximum period for the constitution of the representative commission shall be seven days from the date of such communication unless one of the centres of work which is affected by the procedure does not have representatives legal workers, in which case the time limit shall be 15 days.

After the maximum period for the constitution of the representative commission, the management of the company may formally communicate to the representatives of the workers and the labor authority the beginning of the period of consultations. The lack of constitution of the representative commission shall not prevent the beginning and the course of the period of consultation, and its constitution after the start of the consultation shall in no case lead to the extension of its duration.

The labour authority shall transfer the business communication to the managing body of the unemployment benefits and shall seek a mandatory report from the Labour and Social Security Inspectorate on the end of the work. communication and on the development of the consultation period. The report shall be evacuated within a period of 15 days from the notification to the working authority of the end of the consultation period and shall be incorporated in the procedure.

When the period of consultations is concluded by agreement, the supporting causes referred to in the first subparagraph shall be presumed to be present and may be challenged only before the competent jurisdiction for the existence of fraud, Right of action or abuse of law in its conclusion.

During the consultation period, the parties will have to negotiate in good faith, with a view to reaching an agreement. Such an agreement shall require the agreement of the majority of the legal representatives of the employees or, where appropriate, of the majority of the members of the representative commission of the workers provided that, in both cases, they represent the majority of the the workers of the centre or centres of work concerned.

The employer and the representation of the employees may at any time agree to replace the period of consultation with the mediation or arbitration procedure that is applicable in the field of the company, which it must be developed within the maximum period prescribed for that period.

After the end of the consultation period, the employer shall notify the employees and the employment authority of their decision on the suspension of contracts, which shall take effect from the date of their communication to the employer. employment authority, unless a later one is provided for. The employment authority shall communicate the business decision to the managing body of the unemployment benefit.

If within 15 days of the date of the last meeting held in the consultation period, the employer has not informed the employees ' representatives and the labour authority of their decision on the suspension of contracts, the expiry of the procedure shall occur in the terms that are regulated.

The business decision may be challenged by the labour authority at the request of the managing body of the unemployment benefit where the latter could have as its object the misuse of the benefits by the workers affected by the absence of the motivating cause of the legal situation of unemployment.

Against the decisions referred to in this paragraph, the worker shall be entitled to claim to the social jurisdiction that he shall declare the measure justified or unjustified. In the latter case, the judgment shall declare the immediate resumption of the contract of employment and shall condemn the employer to the payment of the wages paid by the worker to the date of the resumption of the contract or, where appropriate, to the payment of the differences in respect of the amount received in respect of unemployment benefits during the period of suspension, without prejudice to the reimbursement to be made by the employer of the amount of such benefits to the institution management of the payment of the same. Where the business decision concerns a number of workers equal to or greater than the thresholds provided for in Article 51.1 of this Law, it may be claimed in collective conflict, without prejudice to individual action. The interposition of the collective conflict will paralyse the processing of the individual actions initiated, until their resolution. "

Four. Article 51 (2) and (4) are amended as follows:

" 2. Collective redundancies must be preceded by a period of consultation with the legal representatives of workers of a duration not exceeding 30 calendar days, or 15 in the case of companies of less than 50 employees. The consultation with the legal representatives of the workers must be at least on the possibilities of avoiding or reducing collective redundancies and of mitigating their consequences through the use of accompanying social measures, such as as repositioning measures or vocational training or retraining measures for the improvement of employability. The consultation will be carried out in a single negotiating committee, but if there are several working centres, it will be limited to the centres affected by the procedure. The special negotiating body shall be composed of a maximum of 13 members representing each of the parties.

The intervention as interlocutors to the management of the company in the consultation procedure shall correspond to the subjects referred to in Article 41.4, in the order and conditions specified therein.

The representative commission of the workers must be constituted on the basis of the business communication of the opening of the consultation period. For these purposes, the management of the undertaking must inform the employees or their representatives of their intention to initiate the procedure for collective dismissal. The maximum period for the constitution of the representative commission shall be seven days from the date of such communication unless one of the centres of work which is affected by the procedure does not have representatives legal workers, in which case the time limit shall be 15 days.

After the maximum period for the constitution of the representative commission, the management of the company may formally communicate to the representatives of the workers and the labor authority the beginning of the period of consultations. The lack of constitution of the representative commission shall not prevent the beginning and the course of the period of consultation, and its constitution after the start of the consultation shall in no case lead to the extension of its duration.

The communication of the opening of the consultation period will be made in writing by the employer to the legal representatives of the workers, a copy of which will be sent to the labour authority. The following points shall be entered in that document:

(a) The specification of the causes of collective redundancy as set out in paragraph 1.

b) Number and professional classification of workers affected by dismissal.

c) The number and professional classification of workers habitually employed in the last year.

d) Planned period for the completion of redundancies.

e) Criteria taken into account for the designation of workers affected by redundancies.

f) Copy of the communication addressed to the workers or their representatives by the management of the company of their intention to initiate the collective dismissal procedure.

(g) Representatives of the workers who shall integrate the special negotiating body or, where appropriate, an indication of the lack of incorporation of the special negotiating body within the legal time limits.

The communication to the legal representatives of the workers and the labor authority must be accompanied by an explanatory memory of the causes of the collective dismissal and of the other aspects mentioned in the paragraph prior to, as well as the accounting and tax documentation and the technical reports, all in the terms that are regulated.

Received the communication, the labour authority will transfer the same to the managing body of the unemployment benefits and will seek, with a mandatory nature, the report of the Labour and Social Security Inspectorate on the (a) the Commission shall, in accordance with Article 4 (2) of Regulation (EU) No thereof, provide the following information: The report shall be evacuated within a period of 15 days from the notification to the working authority of the end of the consultation period and shall be incorporated in the procedure.

During the consultation period, the parties must negotiate in good faith, with a view to reaching an agreement.

Such an agreement shall require the agreement of the majority of the legal representatives of the workers or, where appropriate, of the majority of the members of the representative commission of the workers provided that, in both cases, represent the majority of the workers in the centre or work centres concerned.

The employer and the representation of the employees may at any time agree to replace the period of consultation with the mediation or arbitration procedure that is applicable in the field of the company, which it must be developed within the maximum period prescribed for that period.

The employment authority shall ensure the effectiveness of the consultation period and may, where appropriate, forward warnings and recommendations to the parties which shall in no case be brought to a standstill or suspension of the procedure. Similarly and without prejudice to the provisions of the preceding paragraph, the working authority may, at the joint request of the parties, carry out the mediation actions which are appropriate for the purpose of seeking a solution. solutions to the problems posed by collective redundancies. For the same purpose it may also perform assistance functions at the request of either party or on its own initiative.

After the consultation period, the employer shall inform the working authority of the outcome of the consultation. If agreement has been reached, it will be a full copy of the agreement. If not, it shall forward to the workers ' representatives and to the labour authority the final collective redundancy decision which it has taken and the conditions of the decision.

If within 15 days of the date of the last meeting held in the consultation period, the employer has not informed the employees ' representatives and the employment authority of their decision on the dismissal. collective, the expiration of the collective dismissal procedure will occur in the terms that are regulated. "

" 4. If the agreement is reached or the decision is communicated to the employees ' representatives, the employer may notify the workers concerned of the redundancies individually, which he must carry out in accordance with Article 53.1 of the Law. In any event, at least 30 days between the date of the communication of the opening of the consultation period to the labour authority and the date of termination of the dismissal shall be at least 30 days. '

Five. Article 82 (3) is amended, which is worded as follows:

" 3. The collective agreements governed by this Law oblige all employers and workers within their scope and throughout the period of their validity.

Without prejudice to the foregoing, when economic, technical, organizational or production causes are present, by agreement between the company and the representatives of the workers entitled to negotiate a collective agreement as As provided for in Article 87 (1), it may, after a period of consultation in accordance with Article 41.4, be carried out to inapply the working conditions laid down in the applicable collective agreement in the undertaking to the undertaking, whether or not of a company, affecting the following matters:

a) Workday.

b) Schedule and the distribution of the working time.

c) Shift work regime.

d) Pay and salary system.

e) The work and performance system.

(f) Functions, where they exceed the limits for functional mobility provided for in Article 39 of this Law.

g) Voluntary improvements to the protective action of Social Security.

It is understood that economic causes are present when the results of the company result in a negative economic situation, in cases such as the existence of current or anticipated losses, or the persistent decrease in their level of revenue or sales. In any event, the decrease is understood to be persistent if for two consecutive quarters the level of revenue or sales for each quarter is lower than that recorded in the same quarter of the previous year.

It is understood that technical causes are present when changes occur, among others, in the field of means or instruments of production; organizational causes when changes occur, among others, in the field of systems and methods of work of the staff or in the way of organizing production, and productive causes when changes occur, among others, in the demand for the products or services that the company intends to place on the market.

The intervention as interlocutors to the management of the company in the consultation procedure shall correspond to the subjects referred to in Article 41.4, in the order and conditions specified therein.

When the period of consultations is concluded by agreement, the supporting causes referred to in the second subparagraph shall be presumed to be present, and may be challenged only in the case of social jurisdiction for the existence of fraud, duress or abuse of law in its conclusion. The agreement shall determine exactly the new working conditions applicable to the undertaking and its duration, which may not be extended beyond the time when a new agreement is applicable in that undertaking. The non-application agreement may not give rise to the failure to comply with the obligations laid down in the Convention relating to the elimination of discrimination on grounds of gender or which are envisaged, where appropriate, in the Equality Plan. applicable in the company. The agreement must also be notified to the joint committee of the collective agreement.

In case of disagreement during the period of consultations either party may submit the discrepancy to the commission of the convention, which will have a maximum of seven days to decide, to count since the Discrepancy was raised. Where the intervention of the commission has not been requested or the commission has not reached an agreement, the parties shall have recourse to the procedures laid down in the inter-branch agreements at State or regional level, provided for in Article 1 (1). in Article 83 of this Law, in order to deal effectively with the discrepancies arising in the negotiation of the agreements referred to in this paragraph, including the prior commitment to submit the discrepancies to a binding arbitration, in the arbitration award shall be of the same effectiveness as the agreements in the period of consultations and only be subject to the procedure and on the basis of the grounds laid down in Article 91.

When the consultation period ends without agreement and the procedures referred to in the preceding paragraph are not applicable or the discrepancy has not been fixed, either party may submit the solution. of the same to the National Consultative Commission of Collective Agreements when the inapplication of the working conditions affects to the job centers of the company located in the territory of more than one autonomous community, or to the organs corresponding to the autonomous communities in other cases. The decision of these bodies, which may be adopted within their own body or by a arbitrator appointed for the purpose by themselves with due guarantees to ensure their impartiality, shall be issued within a period of not more than 25 days from from the date of the submission of the conflict to those bodies. Such a decision shall have the effectiveness of the agreements reached in the period of consultations and shall only be used in accordance with the procedure and on the basis of the grounds laid down in Article 91.

The outcome of the procedures referred to in the preceding paragraphs that have ended with the application of working conditions shall be communicated to the labour authority for the sole purpose of deposit. "

Article 10. Amendment of Law 22/2003, dated July 9, Bankruptcy.

Article 64 (2) and (6) of Law 22/2003, of 9 July, is amended, with the following text:

" 2. The insolvency administration, the debtor or the employees of the company established through its legal representatives, may request from the judge of the contest the substantial modification of the working conditions and the extinction or suspension collective of work contracts in which the employee is an employer.

The representation of the workers in the processing of the procedure will correspond to the subjects indicated in Article 41.4 of the Workers ' Statute, in the order and conditions outlined in it. After the time limits referred to in that article without the workers having appointed representatives, the judge may agree to the intervention of a commission of up to three members, consisting of the most representative trade unions and the representative of the sector to which the company belongs. '

" 6. During the consultation period, workers ' representatives and the insolvency administration must negotiate in good faith in order to reach an agreement.

The agreement will require the agreement of the majority of the legal representatives of the workers or, where appropriate, of the majority of the members of the representative commission of the workers provided that, in both cases, represent the majority of the workers in the centre or work centres concerned.

The agreement concluded by the insolvency administration and the workers ' representatives may be accompanied by the application, in which case the opening of the consultation period will not be necessary.

The agreement will include the identity of the workers affected and the compensation will be fixed, which will be in accordance with the provisions of the labour law, except that, in the interest of the interests affected by the competition, Express other higher forms.

At the end of the period indicated or at the time an agreement is reached, the insolvency administration and the workers ' representatives shall communicate the outcome of the consultation period to the competition judge.

Received such communication, the judicial secretary will seek a report from the labor authority on the proposed measures or the agreement reached, which must be issued within 15 days, and may be heard by the (a) insolvency administration and workers ' representatives prior to their issuance.

Received the report by the judge of the contest or after the deadline of issue, will follow the course of the performances. If the report is issued late, it may nevertheless be taken into account by the judge of the contest when adopting the relevant resolution. "

Article 11. Amendment of Law 36/2011 of 10 October, regulating social jurisdiction.

Law 36/2011 of 10 October, regulating social jurisdiction, is amended as follows:

One. Article 124 (3), (6), (11) and (13) are amended as follows:

" 3. Where the extinguishing decision has not been challenged by the persons referred to in paragraph 1 or by the Labour Authority in accordance with Article 148.b) of this Law, after the expiry of the period of expiry of 20 days for the financial year the action by the representatives of the employees, the employer, within 20 days of the end of the previous period, may bring proceedings for the purpose of the right to declare his or her late decision to be right. The legal representatives of the employees shall be passively legitimized, and the judgment given shall be of a declarative nature and shall have the effect of res judicata on the individual processes within the meaning of Article 160 (5). of this law.

The filing of the lawsuit by the employer will suspend the expiration time of the individual dismissal action. "

" 6. The application shall be filed within the expiry of 20 days from the date of the agreement reached in the period of consultation or the notification to the representatives of the employees of the collective redundancy business decision. '

" 11. The judgment shall be delivered within five days of the conclusion of the judgment and shall be subject to an ordinary appeal.

The extinguishing decision shall be declared to be right when the employer, having complied with the provisions of Articles 51.2 or 51.7 of the Workers ' Statute, accredits the concurrence of the legal cause of the decision.

The judgment will declare the late decision not to be right when the employer has not accredited the concurrency of the legal cause indicated in the extinguishing communication.

The judgment shall declare the extinguishing decision null and void only where the employer has not carried out the period of consultation or provided the documentation provided for in Article 51.2 of the Workers ' Statute or has not complied with it. the procedure laid down in Article 51.7 of the same legal text or obtained by the court of the judge of the contest in the cases in which it is legally provided, and where the business measure has been carried out in breach of fundamental rights and public freedoms. In this case, the judgment shall declare the right of the workers concerned to return to their post in accordance with the provisions of Article 123 (2) and (3) of this Law. "

" 13. The worker individually concerned by the dismissal may contest the same by means of the procedure provided for in Articles 120 to 123 of this Law, with the following specialties.

(a) Where the collective dismissal has not been challenged through the procedure laid down in the preceding paragraphs, the following specific rules shall apply to the individual dismissal process:

1.) The time limit for the individual challenge shall begin after the expiry of the period of expiry of 20 days for the exercise of the action by the representatives of the workers.

2.) When the object of the debate is viewed on preferences attributed to certain workers, they must also be sued.

3.) The dismissal shall be void, in addition to the reasons set out in Article 122.2 of this Law, only when the employer has not completed the consultation period or has given the documentation provided for in Article 51.2 of the Workers ' Statute or failure to comply with the procedure laid down in Article 51.7 of the same legal text, or where the judicial authorisation of the judge of the contest has not been obtained, in cases where it is legally provided for.

4.) The termination of the contract agreed by the employer will also be void without respecting the priorities of permanence that may be established in the laws, collective agreements or in the agreement reached during the period of consultations. This nullity shall not affect the extinctions which within the same collective dismissal have respected the priorities of permanence.

(b) Where the collective dismissal has been challenged through the procedure laid down in the preceding paragraphs of this Article, the following rules shall apply:

1.) The expiration period for individual challenge shall begin to compute from the firmness of the judgment given in the collective proceedings, or, where appropriate, from the judicial conciliation.

2.) The final judgment or the judicial settlement agreement shall have the effect of res judicata on the individual processes, so that the object of such proceedings shall be limited to those questions of an individual character which have not been the subject of the claim made through the process governed by the preceding paragraphs.

3.) The termination of the contract agreed by the employer shall be null and void without respecting the priorities of permanence which may be established in the laws, collective agreements or in the agreement reached during the period of consultations. This nullity shall not affect the extinctions within the same collective dismissal that have respected the priorities of permanence. "

Two. Article 247 (2) is amended with the following text:

" 2. The method of execution of a firm sentence governed by this Article shall apply to the remaining executive, judicial or extrajudicial titles of a social nature, a claim for a conviction and an individual execution. in the terms of Article 160 (3), as well as to firm judgments or other executive titles relating to geographical mobility, substantial changes in working conditions, suspension of the contract or reduction of working time economic, technical, organizational or production, of a collective nature, and in the collective redundancy scenarios where the collective business decision has been declared null and void. '

Additional disposition first. Attribution to the Company for the Management of the Banking Restructuring Process (SAREB) of the condition of the contributing entity of the state housing plans.

1. The Company for the Management of Banking Restructuring Assets (SAREB), as the holder of loans linked to the State Housing Plans, is considered, since its constitution, a collaborating entity with the Ministry of Development for the funding of protected actions in the framework of state housing schemes. These loans shall not lose the status of agreed as a result of the operation of segregation and transfer of assets to SAREB, and shall retain this character even if the latter transfers them or transmits them to any contributing financial institution, regardless of the State Housing Plan that applies to them.

2. The financial institutions contributing to these loans will continue to manage the financial assistance of the State Housing Plans in accordance with the partnership agreements they have signed on the same day. the loan is not transferred or transmitted to another contributing entity, in which case it is the latter that will assume its management.

3. The application of the cases referred to in the second subparagraph of point (a) of the second provision of Law 4/2013 and in point (b) of the same provision, to the agreed loans transferred to the SAREB, requires, in character exceptional, compliance with the following terms and conditions:

(a) The contributing financial institution shall forward to the Ministry of Public Works, within 30 working days of the entry into force of this royal decree-law, the application for compliance with the subrogation in the the promoter's loan, together with the documentation required for that purpose, which shall be recorded in the entry register of that Ministry.

(b) The beneficiary shall formalise the loan within the maximum period of two months from that agreement.

4. No aid of subsidization or State Aid Direct to the Entry shall be obtained except in the cases referred to in Law 4/2013 and in this royal decree.

5. This provision shall apply, retroactively, to all loans linked to the State Housing Plans transmitted to SAREB, from the moment of its transmission.

Additional provision second. Application of rate increases for public property benefits.

The increases in the unit rates provided for in paragraph (c) of Article 92 of Law 21/2003 of 7 July of Air Safety, included in Article 1 of this Royal Decree-Law, shall apply to the amounts payable in respect of the 2013 for each of the public property benefits that Aena Aeropuertos, S.A. perceives and which is included in Annex I of this royal decree-law.

Additional provision third. Validity of Order FOM/898/2005 of 8 April 2005 fixing the amounts of railway charges set out in Articles 74 and 75 of Law 39/2003 of 17 November of the Railway Sector.

1. Order FOM/898/2005 will continue to apply until the first update of the amounts of the railway charges is carried out by means of the procedure laid down in the new Article 77 of Law 39/2003, 17 of November, from the Railway Sector.

2. For the elaboration of this first update by means of the procedure of the new article 77 of Law 39/2003, of 17 November, of the Railway Sector, the administrator of railway infrastructures will take into account the parameters and criteria set out in Order FOM/898/2005, with the following modifications:

One. Point (a) 'Access Canon (Mode A)' in Article 1, number 1, shall be worded as follows:

" a) Access Canon (Mode A). The amount to be granted to the General Interest Railway Network is determined on the basis of the type of network sections in which the services are intended to be provided and the statement of activity carried out by the taxable person in accordance with the level of traffic expected in each of them.

For each of the traffic levels in Annex I, two amounts will be set: one for services to be carried out on category A lines (as shown in Annex II), and one for those that occur in the rest of the lines. "

Two. Point (d) 'Canon for Traffic (Mode D)' in Article 1, number 1, is worded as follows:

" d) Canon for Traffic (Mode D): This mode applies only to the passenger services defined in Annex III, depending on the economic value of the rail transport service, measured in terms of the capacity offered (please-km distinguishing by line type and time of day).

A unit amount will be set for each line type combination (as shown in Annex II), type of service (as shown in Annex III) and time period (according to Annex IV).

The amount of the fee for traffic shall be that resulting from multiplying the unit amounts referred to above for every 100 places-kilometres offered, or fraction.

For the purposes of this standard the capacity offered in places-kilometer will be the result of multiplying the total number of places that has the composition of a train for the total kilometers traveled. "

Three. Annex I to Order FOM/898/2005 is read as follows:

" ANNEX I

Traffic level

Level

Millions of km/-year

N1. A

≤ 0.2

N1. B

0.2 and ≤ 0.5

N1. C

> 0.5 and ≤ 1.0

N2. A

1.0 and ≤ 2.5

N2. B

> 2.5 and ≤ 5.0

N2. C

> 5.0 and ≤

N3. A

> 10.0 and ≤ 15.0

N3. B

> 15.0 and ≤ 20,0

N3. C

> 20,0 and ≤ 30,0

N3. D

> 30.0 and ≤ 40.0

N3. E

> 40.0 and ≤ 50.0

N3. F

> 50. "

Four. Annex II to Order FOM/898/2005 is read as follows:

" ANNEX II

Classification of railway lines

Type

Line Maximum

A

A. 1

Line Madrid-Barcelona-French Border (Limit with International Section between Figueras-Perpignan administered by TP Ferro).

A. 2

Rest of lines with V max > 250 Km/h on at least 2/3 of their path

B

B. 1

250 Km/h ≥ V max Line > 200 Km/h on at least 2/3 of its path

C

C. 1

2

C. 2

C. 2 The_table_table_izq"> Line Rest.

The annualised information on the classification of lines will be included in the Network Declaration that the Railway Infrastructure Manager prepares periodically. "

(a) Annex III to Order FOM/898/2005 is read as follows:

" ANNEX III

Features of train services and types

Class

Type

Features

Travelers.

VL1

Long distance services, except those designated as VL2, VL3, and VOT.

VL2

Long Distance Services in variable-width relationships, provided that at least 10% of its total travel runs across Iberian width lines.

VL3

Services long distance in long transverse relationships: routes greater than 700 km that do not have origin, destination or intermediate stop in Madrid and its branches

VCM

-Urban or suburban services: those that run entirely within a core of

Interurban services: those that are not urban or suburban have routes of less than 300 km. International trains and long-distance train branches are excluded.

-Services declared as public service obligations

VOT

Passengers and passenger material without passengers, including isolated machines, movement of trains in vacuum, training and testing

.

M

All the goods services, including those loaded, empty, isolated machines and tests

Testing services shall mean the movement of trains which are carried out for the technical suitability and calibration of new or existing new or existing vehicles which require authorisation for putting into service or circulation, as well as for the calibration of some of its components. "

3. From the first update of the amounts through the procedure of Article 77 of Law 39/2003 of 17 November, of the Railway Sector, and as long as the ministerial orders referred to in the new one are not approved Article 73.6 of that law shall continue to apply to Order FOM/898/2005, except in its amounts, with the amendments referred to in the previous paragraph.

Additional provision fourth. Report on measures related to part-time workers.

The government will prepare within one year from the entry into force of this royal decree-law a report in relation to the impact that the measures introduced in it have had on the assembly of the workers in time (a) partial, in which it may also make proposals for adaptation in order to a possible improvement of both the contribution and the protective action of such a collective.

First transient disposition. Social security benefits denied and in the process of part-time workers.

1. The provisions of Article 5 (1) of this Royal Decree-Law shall also apply to the right to all those benefits which, prior to their entry into force, have been refused for failure to prove the minimum period (a) the price of the product. Where the minimum period required under the new regulation is to be satisfied, the causative event shall be deemed to have been produced on the original date, without prejudice to the economic effects of the recognition having a maximum of three months from the new request, with the limit in any case of the effective date.

2. Exceptionally, all those benefits whose application is pending at the date of entry into force of this royal decree shall be governed by the provisions of the law and its recognition shall have effect from the event causing the respective capability.

Second transient disposition. Regime applicable to procedures and files in processing.

1. The procedures for geographical mobility, the substantial modification of working conditions, the implementation of the working conditions laid down in the applicable collective agreement as well as the procedures for collective redundancy and suspension of contracts and reduction of working hours that are in the process of the date of entry into force of this royal decree-law will be governed by the regulations in force at the moment of its beginning.

The provisions of Articles 64.2 and 64.6 of Law 22/2003, of July 9, Bankruptcy, according to the wording given by this royal decree-law, will be applicable to the proceedings that are currently in progress its entry into force, for the processing of the file and for the adoption of the measures that have been requested since then and involve the extinction, suspension or collective modification of the employment contracts.

2. The files for the regulation of employment for the extinction or the suspension of contracts of employment or for the reduction of working hours, resolved by the Employment Authority and with effect in its application to the date of entry into force of this real Decree-law shall be governed by the rules in force when the decision of the file was issued.

Transitional provision third. Procedural arrangements applicable to collective redundancies for economic, organisational, technical or production reasons or arising from force majeure.

The provisions of Article 11 shall apply in respect of the processes for collective redundancies that are initiated from the entry into force of this royal decree-law.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank are repealed to be opposed to the provisions of this royal decree.

Final disposition first. Competence title.

This royal decree-law is dictated, as far as its Chapter I is concerned, pursuant to Article 149.1.13. ª, 20. ª, 21. and 24. of the Spanish Constitution, which attribute to the State the jurisdiction over the Bases and coordination of the General planning of economic activity, on the control of airspace, transit and air transport, on the railways and land transport which take place through the territory of more than one Autonomous Community and on works public interest.

Chapters II, III and IV are given in accordance with the provisions of Article 149.1.6., 7. and 17. of the Spanish Constitution, which confer exclusive competence on the State on procedural law, as well as on labour law, without prejudice to its implementation by the bodies of the Autonomous Communities, and of basic legislation and the economic system of social security, without prejudice to the implementation of its services by the Autonomous Communities, respectively.

Final disposition second. Amendment of Royal Decree 1796/2010 of 30 December 2010 governing the placement agencies.

Article 5 (f) of Royal Decree 1796/2010 of 30 December 2010 on the rules governing the placement agencies is amended as follows:

"(f) Not to subcontract with third parties the performance of the activity subject to the authorisation granted, except in the case of other authorised placement agencies."

Final disposition third. Amendment of Royal Decree 625/1985 of 2 April 1985 implementing Law 31/1984 of 2 August on unemployment protection.

Article 28 (2) of Royal Decree 625/1985 of 2 April 1985 on the development of Law 31/1984 of 2 August on unemployment protection is hereby amended as follows:

" Where there is a cause of suspension or termination of the right to benefit or unemployment benefit, the worker shall be obliged to provide the supporting documentation of the said Office in the relevant Employment Office. cause. Where the cause of suspension corresponds to the performance of works incompatible with this right, such a circumstance must be communicated prior to the commencement of the provision of services. "

Final disposition fourth. Amendment of Royal Decree 1483/2012 of 29 October, approving the Regulation of procedures for collective dismissal and suspension of contracts and reduction of working hours.

Royal Decree 1483/2012 of 29 October, approving the Regulation of procedures for collective dismissal and suspension of contracts and reduction of working hours, is amended as follows:

One. Article 3 (1) is worded as follows:

" 1. Whatever the alleged cause for collective redundancies, the start communication of the query period will contain the following extremes:

(a) The specification of the causes of collective redundancy, as set out in Article 1.

(b) Number and professional classification of workers affected by dismissal. Where the collective dismissal procedure affects more than one work centre, this information shall be broken down by the working centre and, where appropriate, province and Autonomous Community.

c) The number and professional classification of workers habitually employed in the last year. Where the collective dismissal procedure affects more than one work centre, this information shall be broken down by the working centre and, where appropriate, province and Autonomous Community.

d) Planned period for the completion of redundancies.

e) Criteria taken into account for the designation of workers affected by redundancies.

f) Copy of the communication addressed to the workers or their representatives by the management of the company of their intention to initiate the collective dismissal procedure.

(g) Representatives of the workers who shall be part of the special negotiating body or, where appropriate, indication of the lack of incorporation of the special negotiating body within the legal deadlines. "

Two. Article 4 (5) is worded as follows:

" 5. Where the undertaking initiating the procedure is part of a group of undertakings, with the obligation to draw up consolidated accounts whose dominant company has its registered office in Spain, the annual accounts and the management report shall be accompanied consolidated company's dominant company, in the case of undertakings which are obliged to carry out audits, during the period referred to in paragraph 2, provided that there are debtor or creditor balances with the undertaking which starts the procedure. If there is no obligation to draw up consolidated accounts, in addition to the economic documentation of the undertaking initiating the procedure referred to above, those of the other undertakings of the group duly audited must be accompanied by the the case of undertakings which are obliged to carry out audits, provided that such undertakings have their registered office in Spain, have the same activity or belong to the same sector of activity and have debtors or creditors with the undertaking which starts the procedure. "

Three. Article 6 (1) and (2) shall be worded as

:

" 1. The employer shall make it possible to reach the employment authority, preferably on computer support, at the same time as the communication sent to the legal representatives of the employees, a copy of the document referred to in Article 2 and the documentation referred to in Article 3 and Articles 4 and 5, in accordance with the reasons for the dismissal. In addition, it shall accompany copies of the written request for a report to the legal representatives of the workers referred to in Article 3.3.

2. It shall also forward information on the composition of the various representations of workers, on the work centres without unitary representation and, where appropriate, the minutes relating to the attribution of representation to the Commission referred to in Article 27. '

Four. Article 17 (2) is worded as follows:

" 2. The communication of the opening of the consultation period shall contain the following:

a) The specification of the causes that motivate the suspension of contracts or the reduction of the day.

(b) The number and professional classification of workers affected by the measures for the suspension of contracts or reduction of working hours. Where the procedure concerns more than one working centre, this information shall be broken down by the working centre and, where appropriate, by the province and the Autonomous Community.

c) The number and professional classification of workers habitually employed in the last year. Where the procedure for the suspension of contracts or the reduction of working hours affects more than one working centre, this information shall be broken down by the centre of work and, where appropriate, by the province and the Autonomous Community.

d) Concrete and detailed arrangements for suspension of contracts or reduction of working hours.

(e) Criteria taken into account for the designation of workers affected by the measures for the suspension of contracts or reduction of working hours.

f) Copy of the communication addressed to the workers or their representatives by the management of the company of their intention to initiate the procedure of suspension of contracts or reduction of working time.

(g) Representatives of the workers who shall be part of the special negotiating body or, where appropriate, indication of the lack of incorporation of the special negotiating body within the legal deadlines. "

This communication must be accompanied by an explanatory note of the causes of the suspension of contracts or reduction of working hours and other aspects related to this paragraph. "

Five. Article 19 (1) and (2) shall be worded as

:

" 1. The employer shall ensure that the employment authority is simultaneously delivered to the legal representatives of the employees, copies of the communication referred to in Article 17, as well as the documentation referred to in Article 18.

2. It shall also forward information on the composition of the various representations of workers, on the work centres without unitary representation and, where appropriate, the minutes relating to the attribution of representation to the Commission referred to in Article 27. '

Six. Article 26 is worded as follows:

" shall be entitled to intervene as interlocutors in the direction of the undertaking in the consultation procedure referred to in this Regulation by the subjects referred to in Article 41.4 of the Staff Regulations, in the order and conditions outlined therein. "

Seven. Article 27 is worded as follows:

" 1. The consultation will be carried out in a single negotiating committee, but if there are several working centres, it will be limited to the centres affected by the procedure. The special negotiating body shall be composed of a maximum of 13 members representing each of the parties.

2. The negotiating committee on the procedures for the representation of workers must establish in their act of incorporation that they constitute a collegiate body with regard to the formation of their will and the binding nature of their decisions. "

Eight. Article 28 is worded as follows:

" 1. The agreements in the period of consultation shall require the agreement of the majority of the members of the special negotiating body which, as a whole, represent the majority of the employees of the centre or centres of work concerned, for which consider the percentage of representation that each of its members has, in each case.

Only collective agreement shall be considered in the period of consultation that has been adopted by the subjects referred to in Article 26.

2. The employer and the representation of the employees may, at any time during the period of consultation, agree to the replacement of the same by the mediation or arbitration procedures which are applicable in the field of the undertaking, (a) the rules governing agreements on the settlement of disputes between the State and the regional level.

In any case, the mediation or arbitration procedure shall be carried out within the maximum period of time established for consultation with the workers ' representatives. "

Final disposition fifth. Amendment of the recast of the Law on Corporate Tax, approved by the Royal Legislative Decree 4/2004 of 5 March 2004.

The transitional 42nd provision is added in the recast text of the Companies Tax Act, approved by Royal Decree-Law 4/2004 of 5 March 2004, which is worded as follows:

" Transitional Disposition 42nd. Application of the Decision of the European Commission of 17 July 2013 on the tax regime applicable to certain leasing agreements.

In accordance with Articles 1 and 3 of the Decision of the European Commission of 17 July 2013 on the tax arrangements applicable to certain leasing agreements, authorisations (a) administrative measures granted between 30 April 2007 and 29 June 2011, in conjunction with Article 115 (11) of this Law as in force on 31 December 2012, and with the special tax regime of shipping entities in the (a) the role of the tonnage, in favour of groupings of economic interest, governed by Law 12/1991 of 29 April Economic interest groups shall have the following specialties:

(a) The provisions of Article 115 (11) of this Law, in accordance with the wording of 31 December 2012, shall not apply in so far as it constitutes incompatible State aid within the meaning of Article 115 (1) of this Law. This Decision.

(b) The special tax system of shipping entities based on tonnage to economic interest groups shall not apply in so far as it constitutes State aid incompatible with the terms laid down by the Treaty. that Decision. "

Final disposition sixth. Amendment of Royal Decree-Law 8/2013 of 28 June of urgent measures against the late payment of public administrations and support for local entities with financial problems.

Royal Decree-Law 8/2013 of 28 June of urgent measures against the late payment of public administrations and support for local entities with financial problems is amended as follows:

One. Article 14 (3) is amended as follows:

" 3. The Local Entities to which the earlier stages of this mechanism would have been applied should, by deadline 15 September 2013, be aware of their payment obligations to the Fund for the Financing of Payments to Suppliers in order to formalize a new borrowing operation with the aforementioned Fund in accordance with the provisions of this royal decree.

Local Entities that do not comply with the requirement set out in the above paragraph on the above mentioned date, will be eligible for this phase of the payment mechanism to suppliers only if by 30 September of 2013 have submitted the application referred to in Article 32. "

Two. Article 9 is amended as follows:

" Article 9. Transfers from the Autonomous Communities.

1. The outstanding obligations for payment to suppliers may be included in this new stage provided that they are due, liquid and enforceable, before 31 May 2013 and are accounted for in accordance with the provisions of Article 11.

2. In addition to the legal relations provided for in Article 3, transfers from the Autonomous Communities to Local Entities shall be included up to the limit of the outstanding obligations of the Autonomous Community at 31 December 2012, to the aforementioned Entities, and provided that the Local Entity has outstanding obligations to pay due to include in this new phase of the mechanism.

3. However, once the final amount of the debt at this stage of the financing mechanism for payment to the providers of the Autonomous Communities and Local Entities has been determined, the outstanding obligations of the financing mechanism for the payment of the debt will be included in this new phase. payment of the joint advice with its suppliers provided that they are due, liquid and enforceable, before 31 May 2013, are accounted for in accordance with Article 11, and derive from any of the legal relationships in Article 3 up to the limit of the outstanding obligations to be paid by the Autonomous community to the regional council on 31 December 2012.

To exceed the limit provided for in the previous paragraph, it will be necessary for the Autonomous Community to obtain the consent of the regional council and to agree with it a plan of adjustment with specific and quantified measures with a the timetable for implementation to ensure that the amounts resulting from the operations of indebtedness agreed by the Autonomous Community are reimbursed. This adjustment plan shall form part of the adjustment plan which the Autonomous Community refers to the Ministry of Finance and Public Administrations.

By Agreement of the Government Delegation for Economic Affairs the deadlines and the procedure will be established so that the outstanding obligations of the comarcales councils can be met with charge to this mechanism according to what is foreseen in this royal decree-law. "

Final disposition seventh. Amendment of regulatory provisions.

The determinations included in regulatory standards that are the subject of modification by this royal decree may be modified in the future by regulatory standards corresponding to the standard in which they appear.

Final disposition octave. Incorporation of Community law.

By this royal decree-law, Directive 2012/34/EU, of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area is incorporated into Spanish law.

Final disposition ninth. Regulatory enablement.

The Government is empowered to dictate the provisions and adopt the necessary measures for the development and implementation of the provisions of this royal decree-law.

Final disposition tenth. Entry into force.

This royal decree-law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid, on August 2, 2013.

JOHN CARLOS R.

The President of the Government,

MARIANO RAJOY BREY

ANNEX I

Amounts exercise 2013 of the rates of the public property benefits of Aena Aeropuertos, S. A

1. Landing and aerodrome transit services

Unit Quantis:

Bilbao, Fuerteventura, Girona, Ibiza, Lanzarote, Menorca, Santiago, Seville, Tenerife North and Valencia.

Airport

Unitarian landing rate

-

Euros

Airport Transit Services Unit Rate

-

Euros

Madrid-Barajas.

8.387050

3.515400

Barcelona-El Prat.

7.388850

3,493700

Alicante, Gran Canaria, Malaga-Costa del Sol, Palma de Mallorca and Tenerife Sur.

7.009100

3.428600

5.880700

3.146500

A Coruña, Almeria, Asturias, FGL Granada-Jaen, Jerez, La Palma, Murcia-San Javier, Reus, Santander, Vigo and Zaragoza.

4,307450

2,462950

Albacete, Algeciras, Badajoz, Burgos, Ceuta, Córdoba, Four Vientos, Hierro, Huescap-Pyrenees, La Gomera, León, Logroño, Melilla, Pamplona, Sabadell, Salamanca, San Sebastian, Son Bonet, Torrejón, Valladolid, Vitoria and other airports managed by Aena Aeropuertos S.A.

2.842700

2.094050

Minimum amount to be paid per operation for landing and aerodrome transit services:

Airport

Minimum amount per operation-landing

-

Euros

Minimum amount per operation-aerodrome traffic services

-

Euros

Madrid-Barajas.

154.62

71.88

Barcelona-El Prat.

136.19

71.48

Alicante, Gran Canaria, Malaga-Costa del Sol, Palma de Mallorca and Tenerife Sur.

96.92

51.20

Bilbao, Fuerteventura, Girona, Ibiza, Lanzarote, Menorca, Santiago, Seville, Tenerife North and Valencia.

16.29

8.71

Coruña, Almeria, Asturias, FGL Granada-Jaen, Jerez, La Palma, Murcia-San Javier, Reus, Santander, Vigo and Zaragoza.

10.82

6.18

Albacete, Algeciras, Badajoz, Burgos, Ceuta, Córdoba, Cuatro Vientos, Hierro, Huescap-Pyrenees, La Gomera, León, Logroño, Melilla, Pamplona, Sabadell, Salamanca, San Sebastian, Son Bonet, Torrejón, Valladolid, Vitoria and other airports managed by Aena Aeropuertos S.A.

5.86

4.31

School and training flights:

Airport

Unitarian landing rate

-

Euros

Aerodrome Transit Services Unit Rate

-

Euros

Madrid-Barajas.

5.913250

3.895150

Barcelona-El Prat.

5,696250

3,873450

Alicante, Gran Canaria, Malaga-Costa del Sol, Palma de Mallorca and Tenerife Sur.

5,110350

3,808350

Bilbao, Fuerteventura, Girona, Ibiza, Lanzarote, Menorca, Santiago, Seville, Tenerife North and Valencia.

5,110350

3,493700

Coruña, Almería, Asturias, FGL Granada-Jaén, Jerez, La Palma, Murcia-San Javier, Reus, Santander, Vigo and Zaragoza.

4,567850

2.745050

Albacete, Algeciras, Badajoz, Burgos, Ceuta, Córdoba, Four Vientos, Hierro, Huescap-Pyrenees, La Gomera, León, Logroño, Melilla, Pamplona, Sabadell, Salamanca, San Sebastian, Son Bonet, Torrejón, Valladolid, Vitoria and other airports managed by Aena Aeropuertos S.A.

4.036200

2.321900

Operations outside of the airport operating hours:

• Unit landing rate: 31.106950 €/Tm.

• Unit rate for aerodrome transit services: The amounts corresponding to the minimum amount per operation on airport transit services.

2. Passengers, PMRs and security

Bilbao, Fuerteventura, Ibiza, Lanzarote, Menorca, Santiago, Seville, Tenerife North and Valencia.

Passenger Amount

Amount of Airport Security

-

Euros

PMR Cuantia

-

Euros

EEE

-

Euros

International

-

Euros

Madrid-Barajas.

15.67

22.18

3.75

Barcelona-El Prat.

14.58

17.84

3.75

Alicante, Gran Canaria, Palma de Mallorca, Malaga-Costa del Sol and Tenerife Sur.

6.50

9.80

3.75

5.54

8.32

3.75

Coruña, Almería, Asturias, FGL Granada-Jaen, Girona, Jerez, La Palma, Murcia-San Javier, Reus, Santander, Vigo and Zaragoza

3.97

5.96

3.75

Albacete, Algeciras, Badajoz, Burgos, Ceuta, Córdoba, Cuatro Vientos, El Hierro, Huescap-Pyrenees, La Gomera, León, Logroño, Melilla, Pamplona, Sabadell, Salamanca, San Sebastian, Son Bonet, Torrejón, Valladolid, Vitoria and other airports managed by Aena Aeropuertos S.A.

2.60

3.90

3.75

Until the entry into force of the provisions of the second article of Law 9/2013, of July 4, amending Law 16/1987, of July 30, of Land Transport Management and Law 21/2003, of July 7, Air Safety, relating to "Amendment of Law 21/2003, of 7 July, of Air Safety", for the collaboration provided by the State Aviation Safety Agency in the services related to the inspection and control of luggage, the amounts Corresponding to the airport security consideration will be increased by 0.38 euros for each outbound passenger.

The amounts raised by Aena Airports, S.A. for this concept will be entered into the State Aviation Safety Agency.

3. Load

The amount will be determined at the rate of EUR 0.018956 for each kilogram of goods loaded or unloaded at the airport.

4. Aircraft parking

At the airports of Madrid-Barajas, Barcelona-El Prat, Alicante, Gran Canaria, Malaga-Costa del Sol, Palma de Mallorca, Tenerife Sur, Bilbao, Fuerteventura, Girona, Ibiza, Lanzarote, Menorca, Santiago, Seville, Tenerife North and Valencia, the amount of the parking consideration, depending on the weight and length of time of the aircraft in the parking position, shall be the result of applying the following formula:

E = e * Tm *Ft

Where:

E: Total consideration to be paid for the service.

e: Unit coefficient.

Tm: maximum weight at take-off of the aircraft, expressed in tonnes.

Ft: The aircraft's length of stay in a parking position expressed in periods of 15 minutes or fraction.

The amount of unit coefficients will be as follows:

Airport

For periods of 15 minutes or fraction

-

Euros

Madrid-Barajas.

0.127770

Barcelona-The Prat.

0.121881

Alicante, Gran Canaria, Malaga-Costa del Sol, Palma de Mallorca and Tenerife Sur.

0,120770

Bilbao, Fuerteventura, Girona, Ibiza, Lanzarote, Menorca, Santiago, Seville, Tenerife North and Valencia.

0.067107

The maximum amount of the parking lot at the airports mentioned above may not exceed 1,614 € during the first 24 hours of stay.

From the second day of stay, the maximum amount of the parking lot at the airports mentioned above may not exceed 880 € per 24 hours of additional parking.

At the airports of A Coruña, Albacete, Algeciras, Almería, Asturias, Badajoz, Burgos, Ceuta, Cordoba, Cuatro Vientos, Hierro, Huesca-Pyrenees, FGL Granada-Jaen, Jerez, La Gomera, La Palma, León, Logroño, Melilla, Murcia-San Javier, Pamplona, Reus, Sabadell, Salamanca, San Sebastián, Santander, Son Bonet, Torrejón, Valladolid, Vigo, Vitoria, Zaragoza, and other airports managed by Aena Aeropuertos S. A the amounts of the parking consideration applicable per day or parking time of more than three hours, depending on the maximum weight at the take-off of the aircraft, the following shall be:

up to 10 Tm

Aircraft over 10 Tm

Up To 2

From 2 To 10

0.898304

1,556027

7.778529

Euros by aircraft/day or fraction

Euros per Tm per day or fraction

5. Fuels and lubricants

The amount of consideration shall be determined by applying the following unit amounts to the volume of fuel or lubricant supplied:

Querosine: 0.004273 €/litre.

Aviation gasoline: 0.007270 €/litre.

Lubricants. 0.007270 €/litre.

6. Telescopic gateways

The amount of the present consideration, depending on the weight and length of time of the aircraft in the gateway position, will be the result of applying the following formula:

P = (p1 + p2*Tm) *Ft

Where:

P: Total consideration to be paid for the service.

p1: Unit amount for gateway time.

p2: The amount by weight of the aircraft and the time spent on the gateway.

Tm: maximum weight at the take-off of the aircraft, expressed in tonnes, as defined in Article 2 of this Law.

Ft: Gateway aircraft stay time expressed in 15 minute or fraction periods.

The unit amounts of p1 and p2 items are as follows:

p1

-

Euros

p2

-

Euros

Madrid-Barajas.

33.231163

0.00

30,128606

0.00

Alicante, Gran Canaria, Malaga-Costa del Sol, Palma de Mallorca and Tenerife Sur.

26,496460

0.00

Bilbao, Fuerteventura, Girona, Ibiza, Lanzarote, Menorca, Santiago, Seville, Tenerife North and Valencia.

25,477319

0.00

A Coruña, Almeria, Asturias, FGL Granada-Jaen, Jerez, La Palma, Murcia-San Javier, Reus, Santander, Vigo and Zaragoza.

25,477319

0.00

Albacete, Algeciras, Badajoz, Burgos, Ceuta, Cordoba, Four Winds, Iron, Huscap-Pyrenees, La Gomera, Leon, Logroño, Melilla, Pamplona, Sabadell, Salamanca, San Sebastian, Son Bonet, Torrejón, Valladolid, Vitoria and other airports managed by Aena Aeropuertos S.A.

25,477319

0.00

7. Groundhandling services

The amount of the consideration regulated in this section will be as follows, depending on the groundhandling services that the obligation to pay is made:

a) Assistance to the aircraft:

1.1 ramp services.

1.1.1 Luggage assistance services, service group number 3: € 62.98 for each aircraft whose maximum take-off weight is between 56 and 71 metric tonnes or fraction.

1.1.2 Track operations assistance services, services group number 5: 20,00 € for each aircraft whose maximum take-off weight is between 56 and 71 metric tonnes or fraction.

1.2 Aircraft cleaning and servicing assistance services, service group number 6 except snow, ice and aircraft frost cleaning assistance: € 10.98 for each aircraft whose maximum weight is Take off from 56 to 71 metric tonnes or fraction.

1.3 Snow cleaning assistance services, ice and aircraft frost, part of group 6.b): € 2.98 for each aircraft whose maximum take-off weight is between 56 and 71 metric tonnes or fraction.

1.4 Online Maintenance Assistance Services, services group number 8: 2.98 € for each aircraft whose maximum take-off weight is between 56 and 71 metric tons or fraction.

1.5 (catering) services, services group number 11: the amounts in euro for each aircraft whose maximum take-off weight is between 56 and 71 metric tonnes or fraction shall be the following:

A Coruña, Almeria, Asturias, FGL Granada-Jaen, Jerez, La Palma, Murcia-San Javier, Reus, Santander, Vigo and Zaragoza.

Airport

EEE

-

Euros

International

-

Euros

Madrid-Barajas.

29.88

49.80

Barcelona-The Prat.

20.92

34.86

Alicante, Gran Canaria, Malaga-Costa del Sol, Palma de Mallorca and Tenerife South.

19.42

32.37

Bilbao, Fuerteventura, Girona, Ibiza, Lanzarote, Menorca, Santiago, Seville, Tenerife North and Valencia.

14.94

24,90

10.46

17.43

Albacete, Algeciras, Badajoz, Burgos, Ceuta, Cordoba, Four Winds, Iron, Huscap-Pyrenees, La Gomera, León, Logroño, Melilla, Pamplona, Sabadell, Salamanca, San Sebastian, Son Bonet, Torrejón, Valladolid, Vitoria and other airports managed by Aena Airports S.A.

5.98

9.96

When the maximum weight at the take-off of the aircraft is not between 56 and 71 metric tonnes, the above amounts shall be applied to the following coefficients according to the weight range in which they are find the aircraft including:

Take-Off Weight Interval (Tm)

Coefficient

13.16%

between 16 and under 22 Tm or fraction

17.51

between 22 and less than 38 Tm or fraction

28.04%

between 38 and less than 56 Tm or fraction

77.88%

Aircraft between 56 and less than 72 Tm or fraction

100.00%

between 72 and less than 86 Tm or fraction

120.33%

Between 86 and less than 121 Tm or fraction

135.30%

between 121 and less than 164 Tm or fraction

150.28%

between 164 and less than 191 Tm or fraction

179.37%

Aircraft between 191 and less than 231 Tm or fraction

202.50%

Aircraft between 231 and less than 300 Tm or fraction

264.81%

over 300 Tm or fraction

314.64%

(b) Passenger assistance services, services group number 2: € 0.0438 for each outgoing passenger.