The Order of the Ministry of Labour and Social Affairs of 19 December 1997 lays down the regulatory basis for the granting of public grants by the National Employment Institute in the field of organ collaboration. of the General Administration of State and its autonomous bodies, Autonomous Communities, Universities and non-profit institutions, which employ unemployed workers for the performance of works and services of general and social interest.

Law 38/2003, of 17 November, General of Grants, as well as the Royal Decree 887/2006 of 21 July for which the Regulation of the said Law 38/2003 is approved, of 17 November, have come to solve the gaps that existed on the management and monitoring of grants and, in particular, on the advance payments in the previous rules on grants, set out in Articles 81 and 82 of the recast text of the General Budget Law, adopted by Royal Decree-Law No 1091/1988 of 23 September 1988 and Royal Decree 2225/1993 of 17 December 1993 December, for which the Rules of Procedure for the granting of public subsidies are adopted.

In this regard, Article 34.4 of Law 38/2003 of 17 November, General of Grants provides that advance payments may be made and that this possibility and the guarantee scheme must be expressly provided for in the Regulation of the subsidy. As the Order of the Ministry of Labour and Social Affairs of 19 December 1997 does not expressly collect the possibility of making advance payments, it is now introduced that the payments will be made by means of advances, so that the Beneficiary entities may have the funds to deal with the wage costs incurred as a grant.

On the other hand, within the regulation of the subsidies granted by this ministerial order, and in order to resolve the doubts of interpretation raised, it is necessary to establish unequivocally that the subsidy of the costs Social Security must be referenced to the application grant module.

Finally, the aforementioned Order of the Ministry of Labour and Social Affairs, of 19 December 1997, lays down in Article 5.1.d thereof as a requirement for works or services to carry out the duration of the projects not exceeding the nine months from the date of commencement, which shall in any event be carried out within the financial year in which they are approved, and shall be completed no later than the first six months of the following financial year. However, in the year 2012, the call for grants in the field of collaboration with organs of the General Administration of the State employing unemployed workers for the realization of works and services of interest general and social, directed to organs of the General Administration of the State in Ceuta and Melilla, which include the Employment Plans that are being carried out every year in those cities, through the hiring of unemployed workers, by the Ministry of Finance and Public Administrations, could not be carried out until the Resolution of 23 October 2012, from the State Employment Public Service, due to the fact that the General Budget of the State for 2012 was approved in an extraordinary manner by Law 2/2012, of June 29.

This has led to the deadline for the completion of the projects being shown to be insufficient in the light of the extraordinary circumstances outlined above, which have forced the start of the projects in the last days of 2012, and delay part of the recruitment to 2013, with the consequent impact on the recruitment of the unemployed workers involved in the contracts, who see the recruitment period reduced, and where appropriate the possibility of access to benefits or unemployment benefits. The objective of improving the employability of the unemployed participants is also altered.

It is therefore considered necessary to amend the Ministerial Order of 19 December 1997, in order to include the concept of early payment, to set the criteria for the grant of social security in these areas. hiring and extending the deadline for the completion of the works or services for the implementation of projects approved and initiated in 2012 in the cities of Ceuta and Melilla.

In the process of drafting this order, pursuant to Article 17 of Law 38/2003, of 17 November, General of Grants, has issued report the State Attorney General in the Department and the Delegated intervention of the State General Intervention in the State Employment Public Service.

In its virtue, I have:

Article 1. Amendment of the Order of the Ministry of Labour and Social Affairs of 19 December 1997 laying down the basis for the granting of public subsidies by the National Institute of Employment in the field of collaboration with bodies of the General Administration of State and its self-employed bodies, Autonomous Communities, Universities and non-profit institutions, employing unemployed workers for the performance of works and services of general interest and social.

The Order of the Ministry of Labour and Social Affairs of 19 December 1997 laying down the basis for the granting of public subsidies by the National Institute of Employment in the field of employment collaboration with bodies of the General Administration of State and its autonomous bodies, Autonomous Communities, Universities and non-profit institutions, which employ unemployed workers for the construction of works and services general and social interest, is amended as follows:

One. Article 4 (3) is worded as follows:

" 3. The modules for each contribution group of contract workers shall be as follows:

Module A: Total wage costs to be subsidised by the Public Employment Services will amount to one and a half times the public multi-purpose income indicator (IPREM) in force each year, including the proportional share of the two extraordinary payments, each equivalent amount to a monthly payment of that IPREM, or the amount provided for in the collective agreement of application to be lower, as well as the corresponding contribution to social security by all the concepts, referred to in their application to this grant module, for each worker contracted in the Social Security Listing Groups 10 and 11, both inclusive.

Module B: Total wage costs to be subsidised by the Public Employment Services will amount to twice the public multi-purpose income indicator (IPREM) in force each year, including the proportional share of two (a) the amount of the sum of the amounts paid by the Member State to which it is paid is equivalent to a monthly payment of the sum of the amount of the sum of the amount or the amount provided for in the collective agreement for the implementation of the concepts, referred to in their application to this grant module, for each worker employed in the Social Security contribution groups 9 to 5 inclusive.

Module C: Total wage costs to be subsidised by the Public Employment Services will amount to three times the public multi-purpose income indicator (IPREM) in force each year, including the proportional share of two (a) the amount of the sum of the amounts paid by the Member State to which the institution is entitled to be paid, or the amount provided for in the collective agreement for the application to be lower, and the corresponding contribution to the social security contribution by all the concepts, referred to in their application to this grant module, for each worker employed in the Social Security contribution groups 4 to 1 inclusive. "

Two. A new paragraph 2a is added to Article 8, with the following wording:

" 2 bis. Once the decision has been made, the full amount of the subsidy shall be paid in advance.

The payment of the grant may not be made as long as the beneficiary is not current in the fulfilment of its tax obligations and in the face of social security or is liable for a decision of origin drawback.

Where the beneficiary is a non-profit entity, prior to the receipt of the payment advances on the grants awarded and the amount of such advances, the beneficiary shall provide the corresponding guarantees, in the form set out in Order TAS/1622/2002 of 13 June 2002, which regulates how to ensure, by the beneficiaries of the grants and public aid granted by the National Institute of Employment, the advances paid on the same, as well as for the obligation to pay on a voluntary basis for the instalments and deferrals to be granted, resulting from the procedure for the reimbursement of the Agency contained in the Resolution of 20 March 1996.

According to the provisions of Article 7 of the Order TAS/816/2005 of 21 March, which are in line with the legal regime established by Law 38/2003 of 17 November, General of Grants grants to be awarded by the State Employment Service in the fields of employment and occupational vocational training, the financial returns which have been generated by the advances of funds paid out shall not increase the amount of the grant awarded. "

Article 2. Extraordinary extension of the deadline for the completion of works and services of general and social interest, initiated in the year 2012, of projects approved in the framework of the call for the General Administration of the State in Ceuta and Melilla approved by Resolution of 23 October 2012 of the Public Service of State Employment, calling for the granting of grants in the field of collaboration with the General administration of the State employing unemployed workers for the construction of works and services of general and social interest.

1. The time limit laid down in Article 5.1 is extended by two months. (d) the Order of the Ministry of Labour and Social Affairs of 19 December 1997 for the completion of the works and services to be carried out by Organos de la Administración General del Estado en Ceuta and Melilla and initiated in the financial year 2012, projects approved under the resolutions issued by the State Employment Public Service, pursuant to that ministerial order, and the call approved by the State Employment Public Service Resolution of 23 October 2012, calling for the award of grants in the field of collaboration with bodies of the General administration of the State employing unemployed workers for the performance of works and services of general and social interest.

2. In the decisions referred to in paragraph 1, the time limit for the completion of the works or services shall be understood as referring to that established in this order.

Single transient arrangement. System of application to projects of works or services.

The provisions of Article 1 of this provision shall apply to the projects of works or services which are approved from the date of entry into force of this order, by means of a decision to grant grants under the Ministerial Order of 19 December 1997 mentioned above.

Final disposition first. Competence title.

This order is dictated by the provisions of Article 149.1.7. of the Constitution, which attributes exclusive competence to the State in matters of labor law, without prejudice to its execution by the organs of the Autonomous Communities.

Final disposition second. Entry into force.

This 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.