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Royal Decree 1314 / 1982, Of June 18, On Organization And Functions Of The National Employment Institute.

Original Language Title: Real Decreto 1314/1982, de 18 de junio, sobre organizaciĆ³n y funciones del Instituto Nacional de Empleo.

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the Royal Decree-Law thirty-six/thousand nine hundred and seventy-eight, of 16 November ("Official State Gazette" of 18 November), on Institutional Management of Social Security, Health and Employment, created the National Institute of Employment with the character of an administrative autonomous body, and in the service of Employment and Training, Professional Promotion of Workers and the Work of Vocational Training of the Institutional Administration of Services Socio-professionals.

In development of this provision of legal status, in which the functions and resources of the National Institute of Employment are determined, the Royal Decree four hundred and thirty-nine/thousand nine hundred and seventy-nine, of twenty February ("Official State Gazette" of 13 March), determined the organic structure of this administrative body with the modifications introduced by the Royal Decrees two thousand hundred and eighty three/thousand nine hundred and eighty, ten of October ("Official State Gazette" of 15 October) and six hundred and twenty-five hundred Eighty-one of six of March ("Official State Gazette" of 7 April).

The experience gained in the development of the functions attributed to the Institute, as well as the legislative evolution produced, impose an adaptation of the initial structure of the INEM. The development of the labour order itself must be taken into account, in particular the adoption of the Workers ' Statute and the Basic Employment Law: the reordering of employment control bodies and services; the actions taken for the most fair distribution of work, a chapter in which the fight against fraud is a priority; the improvement of the functioning of the management bodies and the common services of social security, as well as the restructuring of the organs of the State Administration, with the creation of the new Ministry of Labour and Social Security. To all this, the assumption by the National Institute of Employment would have to be added, as of the publication of the Royal Decree of a thousand three hundred and twenty-five thousand nine hundred and eighty-one, of nineteen of June ("Official State Gazette" of July 8), of the functions and services arising from unemployment benefits in the social security schemes which have them established.

In its virtue, on a proposal from the Ministry of Labor and Social Security prior to the report of the Ministry of Finance, with the approval of the Presidency of the Government and after deliberation by the Council of Ministers at its meeting of the Eighteen of June thousand nine hundred and eighty-two, I have:

Article first.-Nature, functions and resources of the National Employment Institute.

One. The National Employment Institute is an autonomous, administrative body with legal personality and its own patrimony, attached to the Ministry of Labor and Social Security, through the Secretariat of Employment and Industrial Relations.

Two. The functions of the National Employment Institute are:

(a) Organize the employment services in order to provide for the best development and use of resources, free of charge.

b) Help workers find jobs and businesses to hire workers appropriate to their needs.

(c) To encourage the training of workers in close links with employment policy through the appropriate measures to update, improve and, where appropriate, vocational retraining.

d) Manage and control unemployment benefits and grants and aid for the protection and promotion of employment.

e) State the recognition, suspension, resumption and extinction of the right to unemployment benefits.

f) In general, any action conducive to an active policy geared towards full employment.

Three. The resources of the National Employment Institute shall be as follows:

(a) Those entered in charge of the General Budget of the State.

(b) The unemployment rate and participation in the vocational training quota.

c) The returns on your estate.

d) Grants and donations from Public Entities and Entities and private individuals.

Article 2.-Structure of the National Employment Institute.

For the exercise of the functions mentioned in the previous article, the National Institute of Employment is structured in Central Services and Territorial Services.

Article 3.-Central Services.

One. Central Services are classified in executive bodies and executive bodies.

Two. They are executive bodies:

-The General Council.

-The Executive Commission.

-The Director General of the Institute.

Three. They are executive organs:

-The Deputy General Address.

-The General Subdirection of Prstations.

-The Economic and Budgetary Management Subdirectorate General.

-The General Subdirectorate for the Promotion of Employment.

-The General Subdirectorate for Vocational Training.

Four. Without prejudice to its functional dependence on the General Directorate of the State, the Legal Counsel will exist, at the front of which will be a State Advocate.

Five. There will also be the Delegate Intervention of the General Administration of the State, which will have the Accounting Service.

Article 4.-General Council.

One. The General Council shall be composed of the following members:

Thirteen representatives of the most representative trade union organizations, thirteen representatives of the most significant business associations and thirteen representatives of the administration. The President of the General Council shall be the Deputy Secretary for Employment and Industrial Relations and shall act as Vice President of the Director-General of the Institute, both of whom are representatives of the Public Administration.

Two. They are General Council attributions:

-Develop the criteria of the Institute's performance.

-Develop the preliminary draft budget in accordance with the provisions of the General Budget Law.

-Approve the Annual Memory for elevation to the Government.

Three. The General Council shall operate in full and shall meet at least twice a year or when its President calls it.

Article 5.-Executive Committee.

One. The Executive Committee shall be composed of the Director-General of the Institute, which shall be its President, and eight Vocals, three representing the most representative trade union organisations, three representatives of the business associations of the more significance and three representatives of the Public Administration, one of whom will be the Director-General of Employment, who will act as Vice-President.

Two. Corresponds to the Executive Committee:

(a) Oversee and control the implementation of the General Council agreements.

(b) Propose any measures deemed necessary for the best performance of the purposes of the body.

Three. The Commission shall meet at least once a month.

Article 6.-Directorate General.

One. The Director-General of the Institute shall be appointed and freely separated from his position by Royal Decree, on the proposal of the Minister of Labour and Social Security.

Two. It corresponds to the representation of the Institute and the direction of its activities for the fulfillment of its aims.

Three. With an organic level of services, the Technical Cabinet and the Planning Cabinet will directly depend on the Director General.

Article Seventh.-Deputy General Direction.

One. A Deputy Director-General shall have a Deputy Director-General who shall have the following powers:

(a) Ostend the representation of the Institute in case of absence, vacancy, illness or other causes of impossibility of the Director.

(b) Information and technical assistance to the General Council and to the Executive Committee of the General Council, in which it shall act as Secretary.

c) To become the Chief of Staff and to coordinate the operation of the various administrative units of the Institute.

(d) Those delegated to you by the Director-General.

Two. They will depend on the Deputy Director-General for Services:

1. General Affairs.

2. Administration of Personnel.

3. Inspection of Services.

4. Informatics and Statistics.

Article 8.-Subdirectorate General of Prstations.

One. The General Subdirectorate of Prstations shall assume the powers and functions relating to the recognition of the right, processing and payment of unemployment benefits, as well as those related to the organisation, implementation and monitoring of the actions against fraud.

Two. They will depend on the General Subdirection of Prstations:

-The Service Management Service.

-The Job Control Service.

Article 9.-Subdirectorate-General for Economic and Budgetary Management.

One. The General Secretariat for Economic and Budgetary Management shall assume the functions and powers arising from financial management, as well as those relating to assets, works, services and supplies.

Two, Dependent on the General Financial Management Subdirectorate:

1. The Financial Management Service.

2. The Service of Heritage, Works and Services.

Article 10.-Subdirectorate General for Employment Promotion.

One, the General Subdirectorate for the Promotion of Employment will have the task of implementing employment programmes and the management of placement and career guidance services.

Two. They will depend on the General Employment Promotion Subdirectorate:

1. The Special Programs Service for Employment.

2. The Service of Placement and Professional Orientation.

Article 11-Subdirectorate-General for Vocational Training.

One. The Directorate-General for Vocational Training shall be responsible for the preparation, organisation, monitoring and monitoring of vocational training programmes and actions.

Two. They will depend on the General Vocational Training Subdirectorate:

1. The Occupational Vocational Training Service.

2, The Registered Professional Training Service.

Article twelve.-Appointments and cesses.

The Deputy Director-General and the Deputy Directors-General shall be appointed and separated from their positions freely by Order of the Minister for Labour and Social Security, on a proposal from the Director-General of the Institute of Officials public bodies belonging to a Corps for which higher qualifications are required.

Article 13.-Territorial Services.

One. The territorial services of the Instituto Nacional de Empleo are classified in management bodies, management bodies and advisory and advisory bodies.

Two. The Provincial Directorates of the Institute are executive bodies.

Three, are management bodies the Employment Offices and the Centres for Guidance and Vocational Training.

Four. The Provincial Executive Committees are consultative bodies and advisory bodies.

Article fourteen.-Provincial addresses

One. The Provincial Director shall be the Representative of the Institute in the province and shall ensure the fulfilment of his/her aims under the supervision of the Provincial Director of Labour and Social Security.

Two. He shall be appointed and separated from his position freely from among the officials of the National Employment Institute, the Ministry of Labour and Social Security or the Dependents ' Bodies, by the Director-General of the Institute, after the Provincial Director of Labour and Social Security.

Article 15.-Employment Offices.

One. As the managing bodies of the Provincial Directorates, the Employment Offices are responsible for:

-Register workers as job seekers.

-Receive and give answers to job offers and demands.

-Register and, if applicable, view work contracts.

-Receive the documentation of unemployment benefit requests.

-How many other functions are especially entrusted to you.

Two. There shall be a Head at the head of each Office.

Article 16.-Provincial Executive Commissions.

One. The Provincial Executive Committees and, in their case, Insular, will be composed of the Provincial Director of Work and Social Security, which will be its President, and nine Vocals, three representing the most representative trade unions, three representatives of the most representative business organisations and three representatives of the public administration, one of whom will be the provincial director of the National Employment Institute.

Two. It corresponds to the Provincial Executive Commissions:

(a) Monitor and check the implementation, at the provincial level, of the agreements of the Central Executive Committee and the General Council.

b) To propose any measures it deems necessary for the improvement of the agreements in their territorial area.

ADDITIONAL DISPOSITION

The Ministry of Labour and Social Security is empowered to issue any provisions necessary for the implementation and development of this Royal Decree which shall enter into force on the day following that of its publication in the .

FINAL DISPOSITION

The Royal Decree is repealed four hundred and thirty-nine/thousand nine hundred and seventy-nine, of twenty February, modified by the Royal Decrees two thousand hundred and eighty-three/thousand nine hundred and eighty, of ten of October, and six hundred and twenty-five thousand nine hundred and eighty-one, of six March, as well as how many provisions of equal or lower rank are opposed to the provisions of this Royal Decree.

Given in Madrid to eighteen of June of a thousand nine hundred and eighty-two.-JUAN CARLOS R.-The Minister of Labor and Social Security, Santiago Rodriguez Miranda Gomez.