in recent years, the policy of integration of the disabled into the world of work has been carried out, at least in large part, from purely aid instruments, which, due to natural requirements for development and adjustment to the new approaches have been transformed or diversified towards institutions of labour integration, Special Centres for Employment, which is necessary to regulate, giving them the impetus, the content and the means that the Law of Social Integration of Disabled imposes when considering these Special Employment Centres as basic elements disabled integrators in the ordinary world of work, where due to their personal circumstances, consistent with their disability, they are unable to carry out a work activity under the usual conditions.

In this situation, and in view of the great progress that this employment policy has made for the integration of the disabled into society in general, and in the world of work in particular, it is essential to look at these centres. from this new position, trying to make it possible for them to fulfill not only the social purpose they pursue, but also the demands of every order that their field of legal application confers upon them.

To this end, it is necessary to regulate the special characteristics of these centres, to rationalize their structure, to determine their character, objectives, requirements and financing, establishing a code of relationship between them and the Public administrations, aimed not only at facilitating the creation of those that are accurate to serve the country's diminished population, but also to enhance the existing ones.

In its virtue, on the proposal of the Minister of Labour and Social Security, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of 4 December 1985,

DISPONGO:

CHAPTER FIRST

Concept, structure and organization of the Special Centers for Employment

Article 1. º

In accordance with the provisions of Article 42 of Law 13/1982 of 7 April 1982 on the social integration of the disabled, the Special Centres for Employment are those whose main objective is to carry out productive work, participating regularly in market operations, with the aim of ensuring gainful employment and the provision of personal and social adjustment services for disabled workers, while at the same time being a means of integration of the greatest number of disabled people into the normal working regime.

All the staff of the Special Centres for Employment will be made up of disabled workers, without prejudice to the staff of the non-disabled staff, who are essential for the development of their activity.

Art. 2. º

Without prejudice to the social function that the Special Centres for Employment have to fulfil and its peculiar characteristics, its structure and organisation will be adjusted to those of ordinary enterprises.

Art. 3. º

For personal and social adjustment services, the rehabilitation, therapeutic, social, cultural and sports integration services will be understood that seek the disabled worker of the Special Employment Center, a greater rehabilitation personal and a better adaptation in their social relationship.

Art. 4. º

In no case will the occupational centres defined in Article 53 of Law 13/1982, of 7 April, of the social integration of the disabled, nor the recognised centres of employment, be considered as Special Centres for Employment. Special education with classrooms or workshops for the professional learning of the disabled in them.

CHAPTER II

Character of the Centers

Art. 5. º

(a) According to their ownership, the Special Centers for Employment may be public or private.

b) In order to ensure that their benefits are applied, the Centres may be non-profit or not, depending on the fact that they have a full impact on the institution itself or take advantage of them for another purpose. other than to cover the Entity's holder.

CHAPTER III

Creation, qualification, and enrollment

Art. 6. º

Special Employment Centers may be created by the Public Administrations, either directly or in collaboration with other agencies, by Entities, or by natural, legal persons or communities of goods that they have In the light of the above mentioned in Article 2.2 in conjunction with Article 3 (1) of Royal Decree 1368/1985 of 17 July 1985 on the special employment relationship of disabled persons, the legal capacity of the disabled to be employed in the work at the Special Employment Centres.

Art. 7. º

The creation of Special Employment Centers will require your qualification and registration in the Register of Centers that the Central Administration, or, where appropriate, the Autonomous Administrations, will create within its scope of competence. The following requirements shall be met for qualification and registration to be carried out:

1. Accreditation of the personality of the holder.

2. Justify by the appropriate economic study the possibilities of viability and subsistence of the Center, in order to fulfill its aims.

3. To be constituted by disabled workers in accordance with the provisions of Article 1, with written employment contract, signed with each of them, in accordance with the rules in force.

4. The provision for the provision of appropriate professional qualifications for the technical staff and support staff, which the Centre's activity requires.

CHAPTER IV

Of the workers

Art. 8. º

May be incorporated as workers to the Special Employment Centres for the disabled, physical, mental and sensorial persons, as defined in Article 7 of Law 13/1982 of 7 April 1982 on the social integration of the the disabled, following a reasoned decision by the multi-professional assessment teams to determine their possibilities for real integration and capacity for work, and according to the provisions of Royal Decree 1368/1985 of 17 July 1985, which regulates the special employment relationship of disabled people working in the centres Special Employment.

CHAPTER V

Management

Art. 9. º

Special Employment Centers will be required to perform a management subject to the same rules and requirements as those affecting any Enterprise in the sector to which they belong.

CHAPTER VI

Financing

Art. 10.

The funding of the Special Centers for Employment will be covered with:

a) The contributions of the holders of the Centers themselves.

b) Third party contributions.

c) The benefits or part of the benefits that may be obtained from the activity of the Centre in the case of non-profit or non-profit centres.

(d) Aid to enable the creation of the Special Employment Centres to establish the programmes for the promotion of employment

e) Maintenance aids that can be accessed as a result of the employment support programmes, established by the Public Administrations and consisting of:

-Subsidy per disabled busy job position.

-Bonification of the business quota to Social Security.

-Grants for the adaptation of jobs and removal of architectural barriers.

The aid of paragraphs (d) and (e) shall be graduated according to the economic and social profitability of the Centre and shall be granted for the purposes of the grant of the programmes.

Art. 11.

The public authorities may, by means of a Convention with the Centres themselves or with the Sector, provide financial compensation for balancing their budget, when the Special Centres for Employment are not in favour of The social function of the same justifies the need to be financed by means complementary to those mentioned in the previous article.

For these purposes, the public utility will be estimated at the Special Employment Center, when it will be devoted exclusively to the objective and purpose of the employment and social integration of the disabled.

The ability of the Centre is to be understood as the fact that the Centre is strictly necessary to regulate paid employment and the provision of personal and social adjustment services to disabled workers. This Royal Decree and Article 42 of Law 13/1982 of 7 April 1982 on the social integration of the disabled.

CHAPTER VII

Convention

Art. 12.

The Conventions referred to in the previous article signed with the Special Centers for Employment or the Sector will require the Center or the Sector to prove the need for the economic compensation that motivates them through the presentation of:

-Explanatory note.

-Income and expense budgets.

-Any other documentation that allows knowledge of your economic situation.

And when it comes to Operating Centers, plus:

-Situation Balances for the same, and

-Operating account.

In the light of this documentation, the Public Administration of whom the compensation is requested may provide the practice of technical assistance to verify the actual situation of the Center or Centers, in all its aspects, the identification of the social function which each of them carries out and the assessment of the personal and social adjustment services provided by the Centre to the disabled.

To determine the amount of compensation, it will be taken into account:

a) The Center's activity, dimension, structure, and management.

(b) The composition of its staff, with particular attention to the nature and degree of disability of its components, in relation to their ability to adapt to the job they perform.

(c) The mode and conditions of contracts entered into with the employees of the Centre's staff, whether disabled or not.

d) The economic variables that are present in the Center in relation to its objective and social function.

e) The personal and social adjustment services provided by the Centre to its disabled workers.

CHAPTER VIII

Tracking and Control

Art. 13.

When the Special Employment Centres receive grants or aid from the Public Administrations or any kind of economic compensation, whatever their nature, they will be obliged to submit annually to the Ministry of Employment. (a) a comprehensive report on the following extremes:

(i) a comprehensive report on the following:

i) a comprehensive report on the social security system;

-Entitlement to the Center.

-Location.

-Main and complementary activity.

Composition of your template.

Economic documentation:

-Liquidation of the quote.

-Situation balance.

-Operating account.

-The budget project for the following year.

-Compliance with your economic goals and personal and social adjustment.

The Ministry of Labour and Social Security will not only carry out the monitoring of the aid granted, but also the audit of the Centre's total march, through the respective Provincial Labour and Labour Directorates. the Inspection of Work and Social Security, corresponding also to this function to the Autonomous Communities, through their respective organs, when they have been the object of transfer in favor of the same.

TRANSIENT DISPOSITION

1. The Special Employment Centers currently registered in the Registry of the Administrative Unit of the National Fund for the Protection of Labor shall, within three months, count on the entry into force of this Royal Decree, request the Ministry of Labour and Social Security or of the Autonomous Communities, when they are the holders of this competence, the conversion or transformation of the registration of which are currently the holders.

2. The Special Centers for Production Initiation currently registered in the Ministry of Labor and Social Security, will be able to request their qualification and registration as Special Centers of Employment within three months from the entry into force of the Royal Decree, with no effect on its current registration at the end of the term.

REPEAL PROVISION

Point 3.2 is hereby repealed, concerning the Special Centers for Productive Initiation of the Order of the Ministry of Labour and Social Security of 16 March 1983.

FINAL DISPOSITION

The Minister of Labour and Social Security is empowered to dictate how many provisions are necessary for the development of this Royal Decree, which shall enter into force on the day following its publication in the Official Journal of the European Union. Status ".

Given in Madrid, 4 December 1985.

JOHN CARLOS R.

The Minister of Labour and Social Security,

JOAQUIN ALMUNIA AMANN