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Order Ess/982/2013, 20 Of May, Which Regulates The Content And The Procedure For Remission Of The Communication To Be Carried Out The Management Body Of Benefits Employers By Unemployment In Col Dismissal Procedures...

Original Language Title: Orden ESS/982/2013, de 20 de mayo, por la que se regula el contenido y el procedimiento de remisión de la comunicación que deben efectuar los empleadores a la Entidad Gestora de las prestaciones por desempleo en los procedimientos de despido colecti...

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TEXT

Royal Decree 1483/2012 of 29 October, approving the Regulation of procedures for collective dismissal and suspension of contracts and reduction of working hours, in paragraph one of its final provision, second, gives new wording to Article 22 of Royal Decree 625/1985 of 2 April 1985 on the development of Law 31/1984 of 2 August on unemployment protection. This provision contains the specific rules for the processing of the unemployment benefit applicable to the procedures for collective redundancies, the suspension of work contracts and the reduction of working hours. It sets out the minimum information to be included in the communication which undertakings, which adopt collective redundancy measures in accordance with Article 51 of the Staff Regulations or the suspension of contracts or shorter working hours. In accordance with Article 47 of the Staff Regulations, they must carry out the unemployment benefit institution, providing that this information may be completed in accordance with the provisions laid down for the development of the that royal decree.

The cited Royal Decree 1483/2012 of 29 October, in its fourth final provision, authorizes the Minister for Employment and Social Security to make all the provisions necessary for the implementation and development of the in the same, and that rating is also collected in the final Disposition first of Royal Decree 625/1985, cited above.

Likewise, the obligation to communicate by electronic means with the organs of the General Administration of the State or its related or dependent public bodies is collected in article 27.6 of Law 11/2007, of 22 of June, which may be developed by ministerial order, as provided for in Article 32.1 of Royal Decree 1671/2009 of 6 November 2009, for which this Law is developed.

Consequently, pursuant to the authorization indicated, and with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Object.

The purpose of this order is to establish the information to be contained in the communication which, prior to its effectiveness, must make the employer of the unemployment benefits the employers who adopt them. collective redundancy measures, in accordance with Article 51 of the Staff Regulations, or measures to suspend contracts or shorter working hours, in accordance with Article 47 of the Staff Regulations, and to lay down the procedure and electronic means of referral of the same, as provided for in Article 22 of the Royal Decree 625/1985, of 2 April, for which the Law 31/1984, of 2 August, of protection for unemployment is developed.

Article 2. Scope.

They shall be subject to the reporting of the information referred to in the previous article, in their capacity as employers, any company, business organization or association, entity, body or public entity, regardless of its legal form, including the natural person, his legal representative and professional staff who, in the course of his or her professional activity, enjoy the representation of the undertakings on whose behalf they are acting, workers, operate in the national territory and are assigned to their identification number Tax account for the General Treasury of Social Security.

Article 3. Information to be submitted by employers.

1. The communication of employers, as referred to in the previous Article, to the Management Entity for unemployment benefits shall be made through the electronic means identified in Article 4 and within the time limits specified in Article 7.

2. Such communication shall appear in the electronic format set out in Article 6.2 of this Order, and include, in application of Article 22.1 of Royal Decree 625/1985 of 2 April 1985, the following information:

a) The employer's name or social reason, as well as its social security contribution code, its tax identification number, and its home address.

b) Your center's relationship, or your affected job centers, with your Social Security contribution codes, as well as your tax identification numbers and your addresses.

(c) Consignation of whether the employer belongs to the private or public sector and, in the latter case, whether the entity, body or public entity has public administration in accordance with Article 3.2 of the Recast of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November.

d) Cause that motivates the adoption of the measure, if it is due to economic, technical, organizational, production, force majeure or insolvency proceedings.

e) Indication of whether the adopted measure involves collective redundancy, suspension of contracts, or reduction of the day.

f) Nominal ratio of the workers affected by each work centre, their tax identification number and the start date of the measure decided by the employer.

g) Consigning if the query period has ended with agreement between the company and workers ' representatives.

h) Territorial scope of collective redundancies, contract suspensions or day reductions.

i) First and last names, tax identification number, telephone and e-mail address of the legal representative of the company.

(j) In the case of measures for the suspension of contracts or for the reduction of working hours, the communication shall, for each worker, indicate the dates of the start and end of the effects between which the contract is to be extended. (a) the timetable for the specific days of suspension of contract or reduction of individual working hours for each of the workers concerned. In the event of reduction of the day, the percentage of temporary decrease, computed on the daily, weekly, monthly or annual basis, will be determined, the specific periods in which the reduction will be produced as well as the working hours. the journal affected by the same, throughout the period of its validity.

When changes are made in the data previously communicated on the application of the said measures of suspension of contracts or reduction of working time, the company must communicate these variations with a prior character occur.

(k) In the event of collective redundancies affecting workers of fifty or more years, the communication shall specify whether the undertaking is included in the assumption provided for in the additional 16th provision of the Law. 27/2011, of 1 August, on the updating, adaptation and modernization of the Social Security system, or when implementing Royal Decree 1484/2012, of October 29, on the economic contributions to be made by the companies with benefits to make collective redundancies affecting workers of fifty or more years.

l) Date of the communication of the business decision to the employment authority on the measure to be taken after the end of the period of consultation or date of the resolution of the labour authority if it is a case by case of force majeure or date of the judgment of the court adopted within a court of insolvency.

(m) In the procedures for the collective dismissal of the labour force at the service of the Public Administrations referred to in the second paragraph of the 20th additional provision of the Staff Regulations, a report issued for the purposes set out in Article 47 of Royal Decree 1483/2012 of 29 October 2012 on the regulation of procedures for collective redundancies and the suspension of contracts and the reduction of working hours by the Appropriate administration.

3. The employer shall accompany the communication to the business agreement referred to the employment authority.

Article 4. Electronic means for sending the information.

The transmission of the detailed information in Article 3 will be carried out via the Internet, through the application certific@2, created by the Order TAS/3261/2006 of 19 October, which regulates the communication of the content of the a company certificate and other data relating to the periods of employment of the employees and the use of telematic means in relation to that.

Article 5. Use of the information.

1. The application certific@2 will store information submitted by employers for the purposes of consultation and control by the State Employment Service.

2. The information shall be available to the Labour and Social Security Inspectorate for the purposes of inspection and control in order to sanction infringements which may be committed in the case of the receipt of unemployment benefits, in application Article 229 of the recast text of the General Law on Social Security, adopted by Royal Legislative Decree 1/1994, of 20 June, in conjunction with Articles 21.4, 22.13, 23.1.j) and 26.2 of the recast of the Law on Infractions and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000 of 4 August.

Article 6. Procedure for sending the information.

1. Access to the application certific@2 will be made through the website of the State Public Employment Service, www.sepe.es or its electronic headquarters, https://sede.sepe.gob.es.

Users of the application certific@2 must have any of the identification systems set out in Order TAS/3261/2006 of 19 October, or in Order TIN/790/2010, 24 March, for which the consignment is regulated. companies from the data in the company certificate to the State Public Employment Service by electronic means, as follows:

(a) Digital Certificate issued by the National Currency and Timbre Factory-Royal Mint or the recognized certification authorities listed in the updated relationship available in the application

b) Authorization granted by the CONTRAT@ application, consisting of a user code and a personal key.

2. The communication of this data will be done using the XML technology.

Article 7. Deadlines for sending the information.

1. The persons obliged to send the information to the Management Entity for unemployment benefits shall carry out such a consignment at the end of the consultation period and, where appropriate, the report referred to in Article 47 of the Royal Decree 1483/2012 of October 29, from the communication of the business decision to the labor authority and before the measures of suspension of the contract, reduction of the day or extinction of the employment relationship are made effective.

2. Where variations are decided on the information communicated by a worker in connection with the application of the measures of suspension of contract or reduction of working time, the employer shall communicate those variations on the basis of the produce through the same channel as set out in Articles 4 and 6.

3. Where the employer considers that erroneous information has been transmitted to the Management Entity for the unemployment benefits, it shall cancel such information on the basis of the prior impact on the employment activity. Such cancellation must be carried out through a new variation file.

Single transient arrangement. Submission of the business agreement referred to the employment authority.

Until the Certific@ application permits the attachment of documents, the employer must send to the Management Entity of the unemployment benefits the business agreement adopted under the provisions of Articles 51 or 47 of the Workers ' Statute referred to the employment authority, using the email given to it by the latter.

Final disposition first. Application of this order.

The head of the Directorate General of the State Employment Service is hereby authorized to make appropriate resolutions to implement the provisions of this order.

Final disposition second. Entry into force.

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

Madrid, May 20, 2013. -Minister of Employment and Social Security, Fatima Banez García.