THE ORGANIC LAW 13/1982, OF 10 AUGUST, OF REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA, IN ITS TRANSITIONAL PROVISION FOURTH, PROVIDES THAT THE TRANSFER TO THE COMMUNITY OF NAVARRA OF THE FACULTIES AND COMPETENCES ACCORDING TO THE SAME COMPETENCE, IT WILL BE CARRIED OUT AFTER AGREEMENT WITH THE FORAL DEPUTATION BY THE GOVERNMENT OF THE NATION AND WILL BE PROMULGATED BY ROYAL DECREE.

REAL DECREE 2356/1984, OF DECEMBER 19, ESTABLISHES THE RULES GOVERNING THE TRANSFER OF SERVICES FROM THE STATE ADMINISTRATION TO THE COMMUNITY OF NAVARRA. THE BOARD OF TRANSFERS PROVIDED FOR IN ARTICLE 2 THEREOF, WHICH, AFTER CONSIDERING THE DESIRABILITY AND LEGALITY OF CARRYING OUT THE TRANSFERS IN THE FIELD OF EMPLOYMENT REGULATION FILES, ADOPTED AT ITS MEETING OF 24 MARCH 1986 THE AGREEMENT THAT, FOR ITS EFFECTIVENESS, REQUIRES THE APPROVAL BY ROYAL DECREE.

IN ITS VIRTUE, IN COMPLIANCE WITH THE PROVISIONS OF THE TRANSITIONAL PROVISION FOURTH OF LAW 13/1982, OF 10 AUGUST, OF REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA, ON THE PROPOSAL OF THE MINISTERS OF LABOR AND SECURITY SOCIAL, AND TERRITORIAL ADMINISTRATION AND AFTER DELIBERATION BY THE COUNCIL OF MINISTERS AT ITS MEETING ON 11 APRIL 1986, I HAVE:

ARTICLE 1.

THE AGREEMENT OF THE BOARD OF TRANSFERS DATED 24 MARCH 1986, FOR THE TRANSFER OF FUNCTIONS AND SERVICES OF THE ADMINISTRATION OF THE STATE IN MATTERS OF EMPLOYMENT REGULATION FILES TO THE FORAL COMMUNITY OF THE NAVARRA.

ART. 2.

CONSEQUENTLY, THE FUNCTIONS AND SERVICES REFERRED TO IN THE AGREEMENT THAT ARE INCLUDED AS AN ANNEX TO THIS ROYAL DECREE ARE TRANSFERRED TO THE COMMUNITY OF NAVARRA IN THE TERMS AND CONDITIONS SPECIFIED THEREIN.

ART. 3.

THE TRANSFERS TO WHICH THIS ROYAL DECREE REFERS WILL BE EFFECTIVE FROM THE DATE INDICATED IN THE AGREEMENT OF THE AFOREMENTIONED TRANSFER BOARD, WITHOUT PREJUDICE TO THE FACT THAT THE MINISTRY OF LABOR AND SOCIAL SECURITY PRODUCES UP TO THE ENTRY INTO FORCE OF THIS ROYAL DECREE THE ADMINISTRATIVE ACTS NECESSARY FOR THE MAINTENANCE OF THE SERVICES IN THE SAME SYSTEM AND LEVEL OF OPERATION AS THEY HAD AT THE TIME OF THE ADOPTION OF THE AGREEMENT WHICH IS TRANSCRIBED AS AN ANNEX TO THE PRESENT ROYAL DECREE. ART. 4.

THE BUDGET APPROPRIATIONS, WHICH ARE PART OF THE PROVISIONAL CASH COST, AS SET OUT IN THE ANNEX, NUMBER 2, SHALL BE DISCHARGED BY THE AMOUNTS CORRESPONDING TO THE DATE OF ENTRY INTO FORCE OF THE THIS ROYAL DECREE, BY MEANS OF THE APPROPRIATE BUDGET AMENDMENT DOSSIER.

ART. 5.

THIS REAL DECREE WILL TAKE EFFECT ON THE SAME DAY AS YOUR PUBLICATION IN .

DADO IN MADRID AT 11 APRIL 1986.

JOHN CARLOS R.

THE MINISTER OF THE PRESIDENCY, JAVIER OSSO DEL PRADO MUÑOZ DON JUAN SOLER FERRER AND DON JOSE ANTONIO RAZQUIN LIZARRAGA, SECRETARIES OF THE TRANSFER BOARD PROVIDED FOR IN ARTICLE 2.

OF REAL DECREE 2356/1984, OF 19 DECEMBER, WHICH ESTABLISHES THE RULES GOVERNING THE TRANSFER OF SERVICES FROM THE STATE ADMINISTRATION TO THE COMMUNITY OF NAVARRA, CERTIFY:

WHICH, AT THE PLENARY SESSION OF THE TRANSFER MEETING, HELD ON 24 MARCH 1986, AGREEMENT WAS REACHED ON THE TRANSFER TO THE FORAL COMMUNITY OF NAVARRE OF THE FUNCTIONS AND SERVICES OF THE STATE IN MATTERS OF REGULATORY MATTERS OF USE, IN THE TERMS THAT ARE REPRODUCED BELOW:

1.

PRECEPTS OF THE CONSTITUTION AND OF THE ORGANIC LAW OF REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA, IN WHICH THE COMPETENCE OF THE FORAL COMMUNITY IS RECOGNIZED IN THE FIELD TO WHICH THE SERVICES ARE REFERRED OF TRANSFER.

IN THE VIEW OF THE PROVISIONS OF THE TRANSITIONAL PROVISION FOURTH OF THE ORGANIC LAW FOR THE REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA AND ROYAL DECREE 2356/1984 OF 19 DECEMBER, AND IN ACCORDANCE WITH THE PROVISIONS OF THE ARTICLE 58.1, (B) OF THE AFOREMENTIONED ORGANIC LAW, IT IS UP TO THE COMMUNITY OF NAVARRA TO IMPLEMENT THE LEGISLATION OF THE STATE IN THE FIELD OF LABOR, ASSUMING THE FACULTIES AND COMPETENCES AND SERVICES OF AN EXECUTIVE CHARACTER THAT CURRENTLY HOLDS THE THE STATE OF EMPLOYMENT RELATIONS, WITHOUT PREJUDICE TO THE HIGH INSPECTION OF LABOUR RELATIONS.

FOR ITS PART, ARTICLE 149.1.7 OF THE CONSTITUTION RESERVES THE STATE EXCLUSIVE COMPETENCE ON LABOR LEGISLATION, WITHOUT PREJUDICE TO ITS EXECUTION BY THE ORGANS OF THE AUTONOMOUS COMMUNITIES.

CONSEQUENTLY, THE ROLE AND SERVICES OF THE COMMUNITY SHOULD BE TRANSFERRED TO THE COMMUNITY IN RESPECT OF ITS COMPETENCE IN MATTERS OF EMPLOYMENT REGULATION FILES.

2.

IDENTIFICATION OF THE SERVICES BEING TRANSFERRED AND THE FUNCTIONS ASSUMED BY THE FORAL COMMUNITY.

THE FORAL COMMUNITY OF NAVARRE WILL EXERCISE WITHIN ITS TERRITORIAL SCOPE THE FOLLOWING FUNCTIONS AND SERVICES WHICH, IN MATTERS OF EMPLOYMENT REGULATION FILES, CAME WITH THE ADMINISTRATION OF THE STATE:

A) THE INSTRUCTION AND RESOLUTION OF EMPLOYMENT REGULATION FILES TO COLLECTIVELY AUTHORIZE REDUCTIONS IN WORKING HOURS, SUSPENSIONS AND EXTINCTIONS OF LABOR RELATIONS FOR TECHNOLOGICAL, ECONOMIC AND FORCE MAJEURE CAUSES.

(B) THE FILES REFERRED TO IN THE PREVIOUS PARAGRAPH OPENED BY THOSE UNDERTAKINGS IN WHICH ALL THE WORK CENTRES AND WORKERS OF ITS STAFF RADIATE WITHIN THE TERRITORY OF THE COMMUNITY OF NAVARRA, THEY SHALL BE INSTRUCTED AND RESOLVED IN THE FIRST INSTANCE AND ON THE WAY OF APPEAL BY THE LABOUR AUTHORITY OF THE COMMUNITY OF NAVARRA, WITH THE ADMINISTRATIVE ROUTE BEING EXHAUSTED IN THAT AREA. NOTWITHSTANDING THE FOREGOING, IN CASES OPENED BY UNDERTAKINGS WHOSE STAFF EXCEEDS 500 EMPLOYEES, THE INVESTIGATING AUTHORITY OF THE ADMINISTRATIVE FILE SHALL BE REQUIRED TO OBTAIN A PRELIMINARY REPORT FROM THE STATE ADMINISTRATION.

(C) WHEN THE APPLICATION DEDUCTED IN THE FILE CONCERNS ONLY THE WORK CENTRES OR WORKERS LOCATED IN THE TERRITORIAL AREA OF THE FORAL COMMUNITY, THE COMPETENCE TO INSTRUCT AND RESOLVE THE FILE SHALL CORRESPOND TO THE LABOR AUTHORITY OF THE COMMUNITY OF NAVARRA. IN ORDER TO ENSURE THAT THE COMPETENT AUTHORITY TAKES INTO ACCOUNT, WHEN IT COMES TO RESOLVING, THE POSSIBLE IMPACT THAT THE FILE MAY HAVE ON WORKING CENTRES LOCATED OUTSIDE THE FORAL COMMUNITY, THE INFORMATION SHALL BE OBTAINED MANDATORY FOR THE ADMINISTRATION OF THE STATE, WHO IN TURN MAY REQUEST IT FROM THE AUTONOMOUS COMMUNITIES IN WHICH THEY RADIATE THE REMAINING CENTERS OF WORK. THIS REPORT, WHICH WILL DEAL EXCLUSIVELY WITH THIS SPECIFIC ASPECT, WILL NOT BE BINDING.

(D) THE DEADLINES FOR THE RESOLUTION OF THE FILES SHALL BE, IN ANY CASE, THOSE ESTABLISHED IN GENERAL BY THE LEGISLATION IN FORCE, WITHOUT ANY SUSPENSION, EXTENSION OR DELAY OF THE SAME BY REASON OF THE TRANSFERS THE PRESENT AGREEMENT.

FOR THE PURPOSES OF THE CALCULATION OF THE TEMPLATES REFERRED TO IN THIS AGREEMENT, ALL WORKERS WHO PROVIDE SERVICES IN THE UNDERTAKING SHALL BE INCLUDED ON THE DAY ON WHICH THE FILE IS INITIATED, WHETHER OR NOT THEY ARE FIXED AS A TEMPLATE, ANY INTERIM OR CONTRACTED BY ANY OF THE MODALITIES AUTHORIZING THE LEGISLATION IN FORCE.

(E) THE MANDATORY REPORTS REFERRED TO IN THIS AGREEMENT SHALL BE FROM THE ADMINISTRATION OF THE STATE OR THE AUTONOMOUS COMMUNITIES WITHIN THE MAXIMUM PERIOD OF THREE DAYS FOLLOWING THE FORMALISATION OF THE AGREEMENT. FILE, AND SHALL ACT IN THE POSSESSION OF THE COMPETENT AUTHORITY TO RESOLVE AT LEAST FIVE DAYS BEFORE THE END OF THE PERIOD LAID DOWN IN ORDER TO ISSUE A DECISION. THE ABSENCE OF SUCH MANDATORY REPORTS SHALL NOT PREVENT THE DECISION OF THE COMPETENT AUTHORITY FROM BEING FILED, NOR SHALL IT DETERMINE THE NULLITY OF THE PROCEEDINGS PROVIDED THAT IT IS SATISFIED THAT THEY HAVE BEEN REQUESTED IN DUE TIME AND IN A TIMELY MANNER.

3.

SERVICES AND FUNCTIONS THAT CONTINUE TO CORRESPOND TO THE STATE ADMINISTRATION.

FOLLOWING TASKS SHALL CONTINUE TO BE EXERCISED BY THE CORRESPONDING BODIES OF THE STATE ADMINISTRATION: (A) ENTERPRISES WHICH ARE ELIGIBLE FOR SECTORAL CONVERSION PLANS WHOSE COMPETENCE IS DETERMINED BY THE ESTABLISHMENT OF THE APPROVAL STANDARD FOR EACH SECTORAL PLAN. IN ANY CASE, THE FILES OPENED BY COMPANIES COVERED BY PLANS APPROVED UNDER THE LAWS 21/1982 OF 9 JUNE AND 27/1984 OF 26 JULY OF INDUSTRIAL CONVERSION WILL BE INSTRUCTED AND RESOLVED BY THE ADMINISTRATION OF THE STATE.

B) EMPLOYMENT REGULATION FILES RELATING TO EXCEPTIONAL OR AVAL CREDITS AGREED BY THE GOVERNMENT OF THE NATION IN ACCORDANCE WITH ARTICLES 5, E), AND 37, OF THE OFFICIAL CREDIT ACT OR RULE THAT THE REPLACE.

(C) COMPANIES BELONGING TO THE STATE ' S ASSETS AND, IN GENERAL, THOSE THAT HAVE THE STATUS OF STATE COMPANIES IN ACCORDANCE WITH THE GENERAL BUDGET LAW.

D) COMPANIES DIRECTLY RELATED TO THE NATIONAL DEFENSE AND THOSE WHOSE PRODUCTION IS DECLARED OF NATIONAL STRATEGIC IMPORTANCE BY LAW WITH THE RANK OF LAW.

E) IN THOSE FILES WHOSE COMPETENCE IS RESERVED TO THE MINISTRY OF LABOR AND SOCIAL SECURITY WILL BE REQUESTED BY THIS PRECEPTIVELY REPORT OF THOSE AUTONOMOUS COMMUNITIES WHERE THEY RADIATE THE AFFECTED CENTERS OF WORK. 4.

CONCURRENT AND SHARED FUNCTIONS BETWEEN THE STATE ADMINISTRATION AND THE FORAL COMMUNITY AND INSTITUTIONAL FORMS OF COOPERATION.

WILL BE DEVELOPED IN A COORDINATED MANNER BETWEEN THE STATE ADMINISTRATION AND THAT OF THE FORAL COMMUNITY, IN ACCORDANCE WITH THE MECHANISMS THAT ARE IDENTIFIED IN EACH CASE, THE FOLLOWING FUNCTIONS:

(A) IN THE CASES IN WHICH CASES ARE DEALT WITH, THE APPLICATION OF WHICH CONCERNS CENTRES OF WORK OR WORKERS LOCATED WITHIN AND OUTSIDE THE TERRITORY OF THE FORAL COMMUNITY, THE FOLLOWING RULES SHALL BE COMPLIED WITH:

1. WHERE, AT LEAST, 85% OF THE STAFF OF THE COMPANY RADIQUE IN THE TERRITORIAL AREA OF THE COMMUNITY OF NAVARRA AND THERE ARE WORKERS AFFECTED THEREIN, THE LABOUR AUTHORITY OF THE FORAL COMMUNITY SHALL RECORD THE FILE GIVING TRANSFER OF THE SAME TO THE ADMINISTRATION OF THE STATE AT THE SAME TIME AS ITS REGISTRATION AND WILL INSTRUCT IT UNTIL THE PROCEDURAL MOMENT TO RESOLVE, IN WHICH IT WILL FORMULATE A MOTION OF RESOLUTION BEFORE THE ADMINISTRATION OF THE STATE. THE LATTER, WHICH MAY OBTAIN A REPORT FROM OTHER AUTONOMOUS COMMUNITIES IN THE TERRITORIES OF WHICH THE WORKERS CONCERNED SERVE, SHALL MAKE A DECISION WHOSE CONTENT SHALL BE LIMITED TO ACCEPTING OR REJECTING THE PROPOSAL REFERRED TO IN PARAGRAPH 1. ABOVE, THE REASONS FOR REJECTION SHOULD BE SPECIFIED IN THE SECOND CASE. MOTIONS FOR RESOLUTIONS SHALL BE REGISTERED WITH THE STATE ADMINISTRATION AT LEAST FIVE DAYS IN ADVANCE OF THE TIME LIMIT SET FOR THE RESOLUTION.

2. WHERE THE CASE FILE DOES NOT AFFECT WORKERS SITUATED IN THE AREA OF THE COMMUNITY FORAL DE NAVARRA OR THE ESTABLISHMENT PLAN OF THE UNDERTAKING WHICH IS LOCATED IN THAT TERRITORIAL AREA IS LESS THAN THE PERCENTAGE REFERRED TO IN THE PREVIOUS PARAGRAPH, THE FILE IT WILL BE INSTRUCTED AND RESOLVED IN THE FIRST AND SUCCESSIVE INSTANCES BY THE STATE ADMINISTRATION, WHICH WILL SEEK TO INFORM THE LABOR AUTHORITIES OF OTHER AUTONOMOUS COMMUNITIES IN WHICH THEY WILL SERVE WORKERS AFFECTED BY THE FILE.

B) IN CASES WHERE THE EARLY RETIREMENT OF WORKERS IS PROPOSED AND WHOSE COMPETENCE RESIDES IN THE FORAL COMMUNITY OF NAVARRA, IT WILL BE NECESSARY FOR IT TO HAVE SUFFICIENT FUNDS FOR ITS FINANCING, THE COMMUNITY FORAL DE NAVARRA MAY PROVIDE UP TO ITS LIMIT OF THE AMOUNTS THAT THE STATE ADMINISTRATION HAS FREE OF CHARGE FOR THAT PURPOSE. THIS IS WITHOUT PREJUDICE TO THE COMPETITION OF THE COMMUNITY OF NAVARRA TO ENABLE FUNDS, FROM THEIR BUDGETS, TO SUBSIDISE THIS TYPE OF RETIREMENT.

IN ANY CASE, THE COMMUNITY OF NAVARRA WILL HAVE TO RESPECT AND COMPLY WITH THE RULES ON FINANCING, GUARANTEES AND SYSTEMS OF COMPUTES ESTABLISHED FOR THE SYSTEM OF EARLY RETIREMENT.

(C) THE FORAL COMMUNITY OF NAVARRA SHALL PROVIDE THE STATE ADMINISTRATION WITH INDIVIDUAL INFORMATION ON EACH OF THE SUBMITTED AND/OR RESOLVED EMPLOYMENT REGULATION FILES, IN ACCORDANCE WITH THE EXISTING STATISTICAL METHODOLOGY. WHERE, IN ITS CASE, THE ADMINISTRATION OF THE STATE ESTABLISHES, IN SUCH A WAY AS TO ENSURE ITS COORDINATION AND INTEGRATION WITH THE REST OF THE STATISTICAL INFORMATION OF THE STATE. THE ADMINISTRATION OF THE STATE SHALL, ON THE OTHER HAND, PROVIDE THE COMMUNITY WITH INFORMATION DRAWN UP ON THE SAME MATTERS.

5.

STAFF ASSIGNED TO THE SERVICES THAT ARE TRANSFERRED AND VACANT JOBS THAT ARE TRANSFERRED.

I. IT WILL BE INCORPORATED INTO THE ORGANIZATION OF THE CIVIL SERVICE OF THE COMMUNITY OF NAVARRA, IN THE TERMS PROVIDED FOR IN ARTICLE 7 OF ROYAL DECREE 2356/1984, THE STAFF WHO ARE NOMINALLY REFERRED TO IN THE ATTACHED RELATIONSHIP NUMBER 1.

THE SECRETARIAT OF THE MINISTRY OF LABOUR AND SOCIAL SECURITY SHALL NOTIFY THE PERSONS CONCERNED OF THE TRANSFER AND THEIR NEW ADMINISTRATIVE SITUATION, AND SHALL FORWARD THE CERTIFIED COPY OF ALL THE FILES OF THE TRANSFERRED STAFF, AS WELL AS CERTIFICATES OF ASSETS RELATING TO THE AMOUNTS DUE DURING 1985.

II. NO VACANT POSTS ARE TRANSFERRED.

6.

PROVISIONAL ASSESSMENT OF THE EFFECTIVE COST OF THE SERVICES TRANSFERRED AND THE NET BURDEN ASSUMED BY THE COMMUNITY OF NAVARRA.

I. THE PROVISIONAL ASSESSMENT OF THE EFFECTIVE COST OF THE SERVICES TRANSFERRED BY THIS AGREEMENT AND OF THE NET BURDEN ASSUMED BY THE FORAL COMMUNITY, IN ACCORDANCE WITH THE GENERAL BUDGET OF THE STATE FOR 1986, IN ACCORDANCE WITH ARTICLE 6 (7) OF THE ROYAL DECREE 2356/1984, OF 19 DECEMBER, AMOUNTS TO 12,672,2 THOUSAND PESETAS, ACCORDING TO THE ATTACHED RATIO NUMBER 2.

II. IN ACCORDANCE WITH ARTICLE 8 OF THE AFOREMENTIONED ROYAL DECREE, THE COMMUNITY FORAL DE NAVARRA ASSUMES THE FINANCING OF THE SERVICES TRANSFERRED TO IT BY THIS AGREEMENT.

7.

INVENTORY OF GOODS, RIGHTS AND OBLIGATIONS THAT ARE TRANSFERRED.

I. THE ASSETS, RIGHTS AND OBLIGATIONS ATTACHED TO THE TRANSFERRED SERVICES ARE TRANSFERRED TO THE FORAL COMMUNITY OF NAVARRA, WHICH ARE RECOGNIZED IN RELATION NUMBER 3 OF THE ANNEX OF THE ROYAL DECREE APPROVING THE AGREEMENT OF THE TRANSFER BOARD FOR WHICH THE SERVICES OF THE STATE ADMINISTRATION IN THE FIELD OF WORK ARE TRANSFERRED TO THAT COMMUNITY.

THE TRANSFER OF THESE GOODS, RIGHTS AND OBLIGATIONS IS CARRIED OUT IN ACCORDANCE WITH ARTICLES 9 AND 10 OF ROYAL DECREE 2356/1984 OF 19 DECEMBER.

II. WITHIN ONE MONTH OF THE ENTRY INTO FORCE OF THE ROYAL DECREE ENACTING THIS AGREEMENT, THE CORRESPONDING ACT OF DELIVERY AND RECEIPT OF FURNITURE, EQUIPMENT AND INVENTORIED MATERIAL SHALL BE SIGNED.

8.

ADMINISTRATIVE DOCUMENTATION RELATING TO THE SERVICES BEING TRANSFERRED.

WITHIN ONE MONTH OF THE ENTRY INTO FORCE OF THE ROYAL DECREE ENACTING THIS AGREEMENT, THE NECESSARY DOCUMENTATION AND RECORDS SHALL BE PROVIDED FOR THE PROVISION OF THE TRANSFERRED SERVICES, THE CORRESPONDING MINUTES OF DELIVERY AND RECEIPT ARE SIGNED FOR THIS PURPOSE.

THE RESOLUTION OF THE FILES THAT ARE BEING PROCESSED IN THE DATE OF EFFECTIVENESS OF THE TRANSFER, WILL TAKE PLACE IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 11 OF ROYAL DECREE 2356/1984.

9.

TRANSFER ERA DATE.

THE TRANSFER OF THE SERVICES COVERED BY THIS AGREEMENT SHALL BE EFFECTIVE FROM 1 JULY 1986.

AND FOR THE RECORD, THEY ISSUE THIS CERTIFICATION IN MADRID AT 24 MARCH 1986. THE SECRETARIES OF THE TRANSFER BOARD, DON JUAN SOLER FERRER AND DON JOSE ANTONIO RAZQUIN LIZARRAGA.