DON JUAN CARLOS I, KING OF SPAIN

To all who present it and understand,

Sabed: That the General Courts have approved and I come to sanction the following Law:

PRELIMINARY TITLE

From Employment Policy

ONLY CHAPTER

Article first. Conception.

One. Employment policy is the set of decisions which aim at the achievement of the short, medium and long-term balance between supply and demand for labour, in its quantitative and qualitative aspects, as well as the protection of unemployment situations.

Two. The employment policy measures provided for in this Law will be adopted in the framework of the Government's economic policy so as to enable and maintain the level of full employment, to improve the occupational structure and to promote the improvement of the living and working conditions.

Article 2. Objectives

Are targets of employment policy:

(a) Increase the level of employment, enhancing industries and sectors with intensive use of the labour factor and through specific programmes aimed at encouraging the placement of workers in the labour market. difficulties of insertion into the labour market.

b) Establish and regulate adequate unemployment prevention systems.

c) Establish an effective system for the protection of unemployment situations.

d) Achieve the greatest degree of transparency in the labour market through proper management of placement and the adoption of measures that enable professional information, guidance, training and promotion.

e) Protecting the occupational mobility of labor and geographic when it is essential, in order to achieve greater qualitative and quantitative adequacy of supply and demand for employment.

Article 3. Execution.

The implementation of employment policy is the mission of the Government which will implement it through the coordinated action of the various ministerial departments and through the National Employment Institute, as the Agency's managing body. policy in whose advisory bodies and, where appropriate, managers, business associations and trade union organisations will be represented.

TITLE FIRST

From Employment Promotion

CHAPTER FIRST

General provisions

Article 4. The policy of promoting employment.

The government will pay particular attention to the formulation and development of a policy to promote employment, seeking the maximum use of the human and economic resources available.

Article 5. National employment programmes.

One. The Government shall periodically establish programmes to promote employment, with specific actions to be taken in the economic, social and educational fields.

Two. These programmes shall be of a temporary nature and their duration shall be determined by the rules which develop them, and may be extended as long as the circumstances giving rise to them remain.

Three. Measures to promote employment may be established on a selective basis, for geographical areas in which unemployment has a higher impact on economic sectors in crisis and for certain workers with difficulties in the labour market. placement.

Article 6. Temporary social collaboration jobs.

The National Employment Institute may require any unemployed worker, provided that he receives the unemployment benefit or allowance provided for in this Law, a collaborative work when he himself:

a) Be of social utility and are in the interest of the community.

b) Be aware of a public or private body of social utility, or of benefit or non-profit care.

c) Have a temporary character.

d) Be done in the scope of the Employment Office where you are registered.

e) Match the physical and professional skills of the unemployed worker.

Collaboration jobs will be subject to the concerts that set them up.

Item seventh. Aid to constitute or extend occupational or cooperative societies.

In the general budget of each financial year, the appropriate appropriations for the granting of loans and technical training for employees who wish to constitute or are to be set up shall be entered in the budget. to extend work or worker cooperatives, agricultural and community agricultural exploitation and services.

Article 8. Loans for the establishment of self-employed workers.

One. They shall be given preference for the granting of individual loans for the self-employed of unemployed workers who are in one of the following situations: Unemployed persons over 40 years of age, unemployed registered for more than one year in the Employment Offices without being able to offer adequate placement, persons with family responsibilities, returning migrants and disabled persons.

Two. Each year the Government, through the Ministry of Labour, shall adopt a special programme reflecting the amount and other regulatory requirements governing the collection of aid and appropriations provided for in the seventh and second articles. eighth of this Law.

Article ninth. Fiscal promotion to employment.

The Government shall include, in the employment promotion programmes, tax measures provided that they are appropriate to raise the level of employment of the workers ' groups referred to in the following Article.

Annually the Government shall inform the General Courts of the results obtained on the basis of these measures and of the cost thereof.

CHAPTER II

Employment Promotion Program

Article ten. Programs for specific groups of workers.

One. The Government will adopt programmes aimed at promoting the employment of workers with difficulties of insertion into the labour market, in particular young jobseekers, workers who receive unemployment benefits, women with family responsibilities, workers over forty-five years of age and disabled.

Two. To these ends, the Government will offer, jointly or alternatively, the companies that hire the workers previously indicated, and the workers themselves directly, according to the cases, the following benefits:

a) Free and preferential professional training.

b) Technical assistance, retraining and career guidance actions.

(c) Direct grants to enterprises, by net increase of templates, through indefinite hiring and complete days.

d) Aid to workers in the event of geographical, functional or professional mobility of workers.

e) Grants and support for vocational training and training abroad.

f) Bonification in Social Security quotas.

Three. The measures to promote employment, consisting of grants, allowances and other aid, will be established by the Government, after consultation with the most representative trade union organisations and business associations. The National Employment Institute shall carry out the necessary monitoring and surveillance on those measures.

Article 11. Promotion of youth employment.

For the purposes of this Law, 'young applicants for first employment' means persons whose age is between sixteen and twenty-six years, or up to twenty-eight years, if they were higher graduates, registered at the Employment Offices and who have not previously carried out professional activity as employed or self-employed persons.

Article twelve. Aid to enterprises employing unemployed workers.

One. Aid or grants may be awarded for only once for those companies which employ unemployed workers from sectors declared in crisis by the Government, provided that the companies concerned are formulating an investment project. (a) to increase its staff by 10% on a general basis, in relation to the average of the previous 12 months. The aid shall be granted for each contract worker.

Companies in the Services sector, as well as those whose staff is less than fifty fixed workers, may be exempt from the provisions of the preceding paragraph.

Two. Loans may also be granted for a given amount to newly created enterprises, on the basis of the number of workers receiving unemployment benefits. These companies must belong to areas and/or sectors identified by the Government. The amounts of the appropriations may be directly linked to the size of the enterprises and according to the number of employees of their staff. These credits may be extended to existing companies, whose investment increases involve increasing their templates at the levels mentioned in the previous paragraph, by hiring unemployed workers.

Article thirteen. Promotion of the employment of disabled people.

In order to facilitate the effective placement and use of physical, mental and sensory decreases, the Government will dictate rules on the promotion of special benefits to enterprises, all referred to above. to any type of workplace, as well as for the creation and expansion of the protected employment enterprises and occupational centers. A protected employment enterprise shall be understood to mean that the majority of workers are disabled.

In order to make it easier for people whose deficiency makes it impossible for them to work in normal businesses, the Government will dictate rules to encourage work in the special centres of employment.

Article fourteen. Occupational Vocational Training Programme.

One. With regard to the programmes for the promotion of employment, the National Employment Institute shall establish an annual occupational vocational training programme which, free of charge, ensures the appropriate vocational training of those who wish to enter the world of work or, finding itself in it, they intend to reconvert or, to achieve greater professional specialization.

Two. The National Employment Institute may establish, with the collaboration of institutions and specialised entities, specific programmes to facilitate the orientation, training and employment of persons with special difficulties in placement.

Three. Workers registered in the Employment Offices in demand for placement will enjoy preferences to participate in the vocational training actions of the National Employment Institute, as well as for assisted migratory movements.

Four. The various vocational training, training and retraining programmes and actions will be carried out in the centres of the National Institute of Employment and in those centres which are duly authorised.

Article 15. Concerted action between the Administration and the Companies.

The Ministry of Labor, through the National Institute of Employment, will be able to establish, with private and public companies, concerts aimed at the placement of unemployed workers. The basis for these concerts shall be the measures to promote employment to which the relevant undertakings and workers may benefit, in accordance with the provisions of this Law, as well as the benefits in the field of vocational training.

TITLE II

Of Unemployment Protection Systems

CHAPTER FIRST

Protection against unemployment and underemployment situations

Article sixteen. Application field.

One. The field of application of unemployment benefits shall be extended to all employed persons included in the General Social Security Scheme and in the Special Regiments which currently protect the unemployment contingency.

Two. Employed persons, of a fixed character, included in the Special Scheme of Agricultural Social Security, shall be entitled to unemployment benefits under the conditions and within the time limits to be determined.

CHAPTER II

Unemployment Benefit

Article seventeen. Legal status of unemployment.

An employee who is included in some of the following cases shall be considered to be in a legal position for unemployment:

a) Who, being able and willing to work, lose their occupation for causes to which they cannot be imputable.

(b) Those who are suspended from their employment contract and temporarily lose their usual occupation under the employment regulation file dealt with in a regulatory manner.

(c) Those who are involuntarily reduced, in a third party, at least, of their duration, their ordinary days or normal working hours, with the corresponding proportional loss of their remuneration.

(d) Fixed seasonal workers who, from the date of their commencement and for all or part of the time of their duration, lack effective occupation because of their non-imputable cause. For the purpose of determining the season or marketing year, the average duration of the season or marketing year shall be treated according to the area, production sector or undertaking concerned, and shall be fixed annually prior to commencement by the labour authority. corresponding, without its duration being less than four months.

For these purposes, fixed seasonal workers will be considered to be in a situation similar to the date of their start, with the unemployment benefit being subject to the prior administrative verification of the event. from which the right to such benefit is derived, obtained in a court judgment or a firm administrative decision.

Article eighteen. Protected situations.

Unemployment benefit will protect total and partial unemployment situations:

(a) Unemployment shall be total when the employment relationship becomes extinct or suspended, creating in the worker the situation of complete cessation in his or her employment and the deprivation of his or her income from work.

(b) Unemployment shall be partial where the day or the number of normal working days and hours is reduced by at least one third, provided that the working income is reduced. As regards the period of calculation of the reductions, it will be determined to be regulated.

Article nineteen. Duration of the benefit.

One. The unemployment benefit shall be based on the periods of occupation listed in the last four years preceding the legal status of unemployment, according to the following scale:

occupancy period	Gives entitlement to benefit perception for a maximum period of
More than 6 months	3 months
More than 12 months	6 months
More than 18 months	9 months
More than 24 months	12 months
30 months	15 months
More than 36 months	18 months

The perception will be extended to twenty-four months in cases where it can be granted to cover the precise period to be entitled to any type of retirement.

Two. The four-year-listed occupation periods referred to in the first point of this Article shall be computed, where appropriate, from the termination of the right to unemployment benefit.

Three. In the event of termination of the right to benefit by a work of more than six months ' duration, if the earlier benefit had been received for a period of less than the maximum period to which it was entitled, the latter shall be retained. in the part to be received, the worker being eligible, in the event of a new legal situation of unemployment, between continuing to receive the benefit for the period of unemployment which he or she is receiving or to benefit from the new period in which the quotes made.

Four. This scale may be amended by the Government on the basis of the unemployment rate and the financial possibilities of the system, while respecting always the minimum of the period of occupation listed and provided in the first number.

You will also determine situations that are assimilated to the high, to the effects of the quoted occupation period.

Article 20. Amount of benefit.

One. The amount of the total unemployment benefit in the first hundred and eighty days will be eighty per cent of the average of the base for which you have been paid during the preceding six tables, from the sixth to the twelfth month of benefit, The value of this is 70% of the average of the base cited, and sixty percent from the twelfth month of the period of perception. In no case shall the amount of the benefit be greater than two hundred and twenty per cent of the minimum inter-professional salary, nor less for the workers with family charges at the level of the minimum wage at each time.

The amount of the partial unemployment benefit of employed persons shall be calculated in the same way as that corresponding to the total unemployment benefit, in proportion to the reduction of work.

Two. The unemployment benefit shall also include the payment of contributions from the Company and a worker in the share of the corresponding Social Security Scheme during the period of receipt of the benefit.

Three. In the case of suspension and reduction of the day the payment of the Social Security contributions will be carried out by the corresponding Company. The employment authority may exempt from this assumption the suspensions and reductions of day-hours of force majeure.

Four. In the case of termination of the employment relationship, the contribution to social security shall not be covered by unemployment, accidents at work and occupational diseases, the Guarantee Fund and the share of the vocational training.

Article twenty-one. Rightholders.

One. Workers who are entitled to unemployment benefits who are included in the social security system and are in a legal state of unemployment in accordance with Article 17 shall be entitled to unemployment benefits. conditions:

(a) Be affiliated with Social Security and in a situation of high or assimilated to it. Workers who are incorporated in the ranks, in compliance with compulsory or voluntary military service, shall be in a position to be treated as high as the situation with the right to benefit, while retaining the right to the service, provided that they are requested within two months of their licensing.

The Spanish emigrants are also considered to be in a situation similar to that of the Spanish emigrants, provided that at the time of their departure from Spain as such they would have been paid to the system during the minimum period established in the previous paragraph and their employment relationship has been extinguished in the foreign country and they do not obtain such benefit.

(b) Having covered periods of contribution in accordance with Article 19 before the date of termination, temporary suspension or reduction of ordinary days or incorporation into military service where the Company, (a) the worker's compliance with the worker has not been taken into account.

(c) Encountered in the corresponding Employment Office.

Two. In cases of invalidity, in whole or in part, if the worker has the right to a pension for that reason, he may apply for the benefit of the unemployment benefit if he is entitled to it, in accordance with the provisions of this Article. Article 19, in conjunction with Article 19.

If the pension caused by the invalided is less than the unemployment benefit that corresponds to it, you will be entitled to the difference between the pension and the pension.

For the purposes of such a calculation, the surcharge for lack of safety and hygiene measures shall not be considered to be included in the amount of the invalidity pension.

Three. The right of workers to unemployment benefits is not covered by the fact that the undertaking fails to fulfil its obligations with regard to membership, discharge or contribution in relation to its employees, without prejudice to the actions which the undertaking The inspector or manager may take action against the infringing undertaking and its responsibilities.

Article 22. Birth, suspension, extinction and reopening of the right.

One. The right to the perception of unemployment benefit shall be initiated:

In cases (a), (b) and (c) of Article 17 (1) from the day following that in which the cessation of work had occurred or the reduction of the days.

Two. The right to the perception of the unemployment benefit shall be suspended in the following cases:

(a) For a period of one month when the holder of the right does not appear before INEM when required to do so.

(b) For a period of six months, where the rightholder rejects an offer of adequate placement or refuses to carry out the work of training or professional promotion which he or she agrees on, the Institute National of Employment or to participate in the programs of employment by the sponsored.

(c) While the right holder provides professional services in an employment program, in a manner that is determined to be regulated.

d) As long as the right holder is providing the military or social service. The right shall not be suspended if the holder has family members and does not enjoy any family income whose value exceeds the minimum inter-professional salary.

e) While the right holder provides a job not exceeding six months that results in his inclusion in the Social Security system.

Three. The right to the perception of the unemployment benefit shall be extinguished in the following cases:

a) Exhaustion of the duration of the benefit.

(b) Provision for a period of more than six months of a job which results in the inclusion of the person who provides it in the system of social security, without prejudice to the provisions of Article

,

(c) Refusal from an offer of adequate or unfounded refusal to participate in vocational training and promotion measures or in the employment programmes, provided that such refusal or refusal occurs within the period of the suspension referred to in point (a) of paragraph 2 of this Article.

(d) Compliance by the holder of the right of the general minimum retirement age provided that the required contribution period is credited to cause entitlement to the corresponding pension.

e) Moving to be a retirement pensioner or absolute invalidity or grand invalidity.

f) Transfer of residence abroad.

g) You have obtained or are enjoying the benefit by fraud.

h) Incur any violations that are sanctioned with loss of benefit.

Four. Once the right to unemployment benefit is extinguished, the worker may obtain recognition of the right once again when he is again in a legal state of unemployment and meets the conditions required in this respect.

In this sense, it shall not be computed as a time, for the purposes specified in point (b) of paragraph one of Article 21, that has been for the Management Entity, or in its case for the Company, during the time of payment. of the economic benefit.

Five. The time limits laid down in Article 19 of this Law shall be suspended only because the beneficiary has been employed for a period of not more than six months within them, without such time limits being extended by the fact that during the same time the worker has moved on to the situation of temporary incapacity for work.

Six. Where an undertaking is authorised, first, to reduce the number of days or hours of work or to suspend contracts for a period not exceeding six months and, subsequently, the termination of the contract shall be authorized by administrative decision. employment relationships, workers who have been affected by the two successive authorisations shall be entitled to unemployment benefit without being counted, for the purposes of the maximum duration of the period during which they received the of partial or total unemployment under the first authorisation.

Article twenty-three. Proper placement.

One. An appropriate placement shall mean that which corresponds to the physical and professional abilities can be fulfilled by the unemployed person and does not change the habitual residence of the person, unless he has the possibility of appropriate accommodation. at the place of employment.

Two. In the case of a dispute about whether or not the worker is appropriate, the Work Delegate shall be resolved within five days.

Article twenty-four. Registration at the Employment Offices.

Workers who are entitled to unemployment benefit will be registered with the Employment Offices and subject to their control in the form they regulate.

CHAPTER III

Complementary capabilities

Article 25. Supplementary benefits.

One. A subsidy is provided for those persons who, registered in an Employment Office, as unemployed, have not received an adequate offer of placement and are in one of the following situations:

(a) Workers over the age of 18 and under 60 and five, including in the General Regime of Unemployment Benefits, who do not have the right to be employed for having exhausted the benefit, provided that they are not has offered placement within the following 30 days and which, lacking any income of any nature in excess of the minimum wage, shall be responsible for family responsibilities.

(b) Workers returning from abroad, provided that they are not in a situation similar to that of discharge for the purpose of unemployment benefit. They must register with the Employment Office within 30 days of their return, without being offered placement within the following 60 days.

Two. Workers over the age of 16 and under the age of 26, irrespective of the provisions of Article 10, shall have access to grants and other forms of training and technical assistance in order to achieve a professional qualification or training and to loans for the creation or modification of cooperatives or industrial associations.

Article twenty-six. Amount of allowance.

The amount of the allowance will be the equivalent of seventy-five per cent of the inter-professional minimum wage, plus the corresponding medical-pharmaceutical health benefits of Social Security, and family support in its (a) and shall be charged for a period of six months, which may be extended for a further three months, under conditions to be determined by the General Council of the National Employment Institute.

Article twenty-seven. Incompatibilities.

Unemployment benefits are incompatible with the perception of income due to an employed or self-employed job, without prejudice to the provisions of Article 17 (b).

Likewise, the recipients of unemployment benefits provided for in this Law may formalize part-time work contracts, in the terms laid down in the third transitional provision of the Staff Regulations. Workers.

Article twenty-eight. Fraud

Without prejudice to the powers of the competent services in terms of inspection and control, any person may bring to the attention of the Administration the alleged fraud in the perception of the benefits of the unemployment, the complainant being able to demand reservation of his/her personal circumstances.

CHAPTER IV

Financing the capabilities

Article twenty-nine. Funding.

One. The benefits covered by this Law shall be financed by 60% of their total amount by contributions from employers and employees, the remaining forty per cent of which shall be borne by the State.

For this purpose, a single rate of contribution shall be established for this contingency, which shall apply to the contribution base constituted by the remuneration of the worker.

Two. The appropriations needed to deal with the possible differences between the amount budgeted and the amount actually recognised and liquide will be extended in the precise amount for their coverage, from the State.

CHAPTER V

Fulfillment and Payment

Article thirty. Managing entity.

It is up to the National Institute of Employment to manage the functions and services derived from unemployment benefits, as well as the recognition of the right to unemployment benefits.

Article thirty-one. Rules on Companies and Workers

Corresponds to Companies and Workers:

a) Listing for unemployment contingency.

(b) The employer shall issue the certificate of enterprise, where the worker so requests, the form and content of which are to be determined in accordance with the rules, and which shall in any event constitute evidence of the evidence of the sanctioning the distortion in the same in the terms that are available.

(c) To obtain the workers ' certificate of business referred to in the preceding paragraph and submit it, in time and form, together with the other documentation to be established, at the time of their application for benefits.

(d) Workers shall be in possession of a Working Party in the manner that it is regulated.

e) In any event, the employer shall be liable for the payment of the contributions to the managing authority.

CHAPTER VI

Violations and penalties

Article thirty-two. Employers ' infringements

The actions or omissions that are contrary to the legal provisions on employment that hinder, obstruct or tend to defraud or fail to comply with the obligations established by this Law are violations of the business owners.

One. Minor infractions will be considered:

(a) Not to provide the Management Entities of Social Security and INEM with the data they are required to provide as well as to record them inaccurately in the documentation, certification or declaration they submit, or not to be completed in accordance with the official rules or forms which, where appropriate, are derived.

b) Make public offers of employment through the media, without meeting the prior requirement of the visa by the Employment Offices.

Two. Serious infringements will be considered:

(a) Not to ask the Employment Offices for the workers they need, in the cases provided for in Article 16 of the Workers ' Statute.

(b) Not to deliver to the worker, within the precise period for which the certificate of enterprise necessary for the processing of the benefits of the Unemployment Insurance and how many documents are necessary, may take effect.

c) Not to list the Unemployment Insurance Contingency in the time and legally established ways.

Three. Serious infringements will be considered:

(a) The connivance with the workers to obtain them by these of the benefits mentioned in this Law, or to avoid the fulfilment of the obligations that Ies correspond, as well as to give occupation to workers who are entitled to unemployment benefits, whose enjoyment is incompatible with their employment, when they have not been discharged into social security. It shall be presumed that there is connivance in the event that the workers of the Unemployment Insurance have not been entered in the Work Accident Matriculation book prior to their entry into the work.

b) The simulation of employment contracts for the purpose of fraudulently obtaining or enjoying the benefits of this Law.

Four. The reoffending in the infringement, in the sense that the commission of an analogous infringement to which the previous sanction has motivated, within the three hundred and sixty calendar days following notification of the infringement, will give rise to the Offences referred to in the preceding paragraphs are qualified with the degree immediately above.

Article thirty-three. Infringements of workers.

It is the infringements of workers who receive unemployment benefits from actions or omissions contrary to legal provisions which hinder, obstruct or tend to defraud or fail to implement the scheme. of unemployment.

One. It will be considered a minor infringement:

Not to provide your employer or the competent managing body, where required, with the data necessary for membership or discharge to the Social Security system.

Two. It will be considered a serious infringement:

Fraudulently obtain superior benefits to those that correspond to or unjustifiably prolong the enjoyment of them. In any case, the maximum degree shall be punished.

Three. It will be considered a very serious infringement:

Incur collusion with the employer to obtain undue or superior benefits to which, where appropriate, or to avoid the fulfilment of obligations that correspond to them.

Article thirty-four. Penalties for employers.

One. The penalties for infringements committed by employers shall be graduated in the form of attention to the infringement, malice or falsity of the employer, the number of workers affected and the turnover of the undertaking, in the form in which Regulation is determined.

Two. The infringements shall be punishable by a fine on a proposal from the Labour Inspectorate, which shall be assisted by officials authorised by the National Institute of Employment for the purpose of carrying out the function of control in the field of employment. the provincial delegates of the Ministry of Labour, up to a hundred thousand pesetas; by the Director General of Employment and Social Promotion, from a hundred thousand one to five hundred thousand pesetas; by the Minister of Labour, from five hundred thousand one to two million The Council of Ministers, acting on a proposal from the Council of Ministers, from two million to Fifteen million pesetas.

Three. Without prejudice to the criminal liability in which they may incur, where appropriate, and the penalties referred to in the earlier numbers, employers who have committed serious or very serious infringements shall automatically lose all of the bonuses that they would come and enjoy Social Security.

Article thirty-five. Penalties for workers.

The penalties for violations committed by workers will be imposed as follows:

One. Minor infringements shall be punishable by suspension of the receipt of unemployment benefits for one month.

Two. Serious infringements shall be punishable by suspension of the receipt of unemployment benefits for six months and with the obligation to return the amount of the amounts unduly paid, where appropriate.

Three. Very serious infringements shall be punishable by the automatic loss of unemployment benefits and the obligation to return the amount of the amounts unduly paid.

Four. The above numbers are without prejudice to the criminal liability in which they may incur, where appropriate.

Article thirty-six. Imposition of sanctions.

The proposal for penalties for infringements resulting from the application of the previous articles corresponds to the Labour Inspectorate, which will be assisted by the officials authorised by the National Institute of Employment for the implementation of the role of control in the field of employment.

The imposition of these sanctions will be the responsibility of the Provincial Labour Delegates, the Directorate-General for Employment and Social Promotion, the Minister of Labour or the Council of Ministers, according to the amount that is regulated. set.

Article thirty-seven. Resources.

One. Decisions of the managing body concerning the recognition, refusal, suspension or termination of any of the unemployment benefits shall be subject to the competent jurisdiction.

Two. The other agreements shall be made available on the basis of the Directorate-General for Employment, the resolution of which shall cause firmness on the administrative path, without prejudice to Article 23 (3) of this Law.

TITLE III

From the placement and services of the National Employment Institute

CHAPTER FIRST

The placement policy

Article thirty-eight. Basic concept and principles.

One. The placement policy includes actions designed to provide workers with adequate employment and to provide employers with the necessary manpower for the normal development of their productive activities.

Two. Equality of opportunity and treatment in employment will be the basic principles of the policy of placement, without any distinction, exclusion or preference based on race, sex, religion, political opinion, affiliation, etc. trade union, national ancestry or social origin.

Article thirty-nine. Finnish.

The placement policy is for purposes:

a) Promote workers ' attachment to an appropriate work activity to their skills.

b) Adjust the offers and demands of the labor force.

c) Provide sufficient and real general information on the business needs of the workforce and the employment opportunities of workers.

d) Contribute to the study and preparation of programmes to achieve the highest possible level of employment.

e) Support the occupational mobility of workers by strengthening the plans for conversion, qualification and improvement of the plans.

f) Participate in the preparation of vocational training programmes for employment, in the light of the situation and prospects of the labour market.

g) Develop statistics on the employment and unemployment situation.

h) Collaborate on the information, guidance, qualification and professional classification of workers.

Article forty. The national, public and free service.

One. The National Employment Institute will organise the placement of workers as a free and public national service.

Two. There is a prohibition on the existence of private placement agencies, of any kind and functional scope, which are intended to be used for employment of all types. The agencies or undertakings engaged in the selection of workers shall record in their notices the number of the application in the Employment Office and the identification of the latter.

Three. The governing bodies of the National Employment Institute are the General Council, the Executive Committee and the Directorate-General of the Institute.

Four. The General Council will be composed of the following members: Thirteen representatives of the most representative trade union organizations, 13 representatives of the most significant business associations and 13 representatives of the Public Administration. The President of the General Council shall be the Deputy Secretary of Labour and shall act as Vice-Chair of the Director-General of the National Institute of Employment, both of whom are representatives of the Public Administration.

Five. 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.

Six. At the territorial level, the Provincial Executive Commissions will exist and, if necessary, Insular, which will be integrated by the Provincial Delegate of the Ministry of Labor, which will be its President, and nine Vocals: Three representing the Trade Unions more representative, three representatives of the most representative business organisations and three representatives of the Public Administration, one of whom will be the provincial director of INEM.

CHAPTER II

Employment Services

Article forty-one. Management and surveillance.

The Ministry of Labour in the central sphere, and through its Provincial Delegations, will be responsible for the direction and supervision of the regulatory and audit administrative action of the employment services, with the collaboration of the National Employment Institute's own services.

Article forty-two. Obligations of Companies and Workers.

One. Companies will be required to apply to the Employment Offices in advance for the workers they need and to present them for their visa and to register those employment contracts that have to comply with those requirements under rules legal or regulatory, all in accordance with the Staff Regulations.

Two. Workers will be required to register at the Employment Offices when they have to apply for occupation.

Three. The employer and the worker shall also be obliged to inform the Employment Office of the termination of the contract of employment.

Four. Companies will be able to choose freely among the workers registered in the respective Employment Offices, always leaving the preferences established in the laws and regulations to the exception.

Five. The State Agencies, as well as those of the Territorial or Institutional Administration, will have the same obligations as they are established for the Companies, provided that the relationship with the workers is of a common working nature or of collaboration social.

Six. All Public and Private Bodies and Entities are required to provide employment services with as much data as requested in connection with the fulfilment of the purposes expressed in this Chapter.

Article forty-three. Functions of the National Employment Institute.

The National Employment Institute, as the managing body of the employment policy, will have the following functions:

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

b) Help workers find a job and companies to hire the appropriate workers to their needs.

(c) To encourage the training of workers in close links with employment policy, through the appropriate updating, improvement and, where appropriate, retraining measures.

d) Manage and control unemployment benefits and grants and support for employment promotion and protection.

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

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

Article forty-four. Collaborations

One. Under the terms and conditions to be determined, the National Institute of Employment, through its technical services of professional and occupational guidance, may collaborate with employers and workers in order to make the objective selection of candidates to fill the posts on their job vacancies register, as well as with the companies engaged in the selection of workers.

Two. Where an offer of employment cannot be met because of the absence of the National Institute of Employment, registered applicants, who meet the professional profiles required to cover the job requested in the employer's judgment, may advertise your previous visa offer by the National Employment Institute, or to hire directly with the worker you consider to be suitable.

Three. Any procurement carried out by the Companies shall be communicated to the National Employment Institute, which shall also be informed of the tasks of the undertakings engaged in the selection of workers.

Article forty-five. Certification of professionalism.

One. The National Employment Institute, in collaboration with other competent bodies, will draw up a comprehensive occupational analysis plan to keep a national and uniform classification of occupations up to date.

Two. The organisation, management and, where appropriate, the appropriate tests to certify the professional qualification of workers shall be the responsibility of the National Employment Institute, without prejudice to the powers of the bodies dependent on them. Ministries of Education and Universities and Research.

Three. In order to give due credence to the professionalism of the jobseekers, the National Employment Institute shall use systems for its verification.

TRANSIENT PROVISIONS

First.

Until the National Institute of Employment is able to do so in accordance with Article 30 of this Law, it will be up to the Social Security Management Entities to pay the benefits corresponding to the headlines.

By the Ministries of Labor and Health and Social Security, the necessary agreement will be made for the fulfillment of the aforementioned article.

Second.

Those who are beneficiaries of unemployment benefits at the time of entry into force of this legislation shall be governed by the legislation prior to all the effects, without the provisions of the provisions of this Regulation being applied to them. contained in this Act.

ADDITIONAL PROVISIONS

First.

In a thousand nine hundred and eighty-eight a new system of aid to agricultural, forestry and livestock unemployment will be established so that access to it is verified in conditions of objectivity, establishing priorities for the workers with family loads. Such a system shall include a programme of vocational training courses, which aims to improve or re-adapt the professional conditions of workers.

Second.

Workers who have exhausted the benefits provided for in this Law and who are registered in an Employment Office shall be entitled to the medical-pharmaceutical benefits of Social Security under the conditions which be determined, provided that they have not been offered adequate placement and are not entitled to such benefits for any other reason.

REPEAL PROVISION

Any provisions of equal or lower rank shall be repealed as opposed to the provisions of this Law. In particular they are repealed:

-Colocation Law of ten February thousand nine hundred and forty-three.

-Decree of nine of July of a thousand nine hundred and fifty-nine. Regulation of application of the Law of Placement.

-Law sixty-two/thousand nine hundred and sixty-one, of twenty-two of July, which establishes Unemployment Insurance.

-Base twelfth of Law one hundred and ninety-three/thousand nine hundred and sixty-three, of twenty-eight of December, of Social Security Bases.

-Chapter seven of the Decree three thousand one hundred and fifty-eight/thousand nine hundred and sixty-six, of twenty-three December, which approves the General Regulation of Economic Benefits in the General Regime of Social Security.

-Chapters first, third and fourth of Decree three thousand ninety/thousand nine hundred and seventy-two, of two November, on Employment Policy.

-Chapter 11 of Decree two thousand sixty-five/thousand nine hundred and seventy four, of thirty May, which approves the recast text of the General Law of Social Security.

-Royal Decree-law fifteen/thousand nine hundred and seventy-six, of ten August, that modifies the bases of quotation and perfects the protective action of the Insurance of Unemployment.

-Article 3 of Royal Decree-law four/thousand nine hundred and seventy-eight, of 24 January, on Social Security, Collection and Inspection.

FINAL PROVISIONS

First.

The Government is authorized to develop regulations as soon as it is established in this Law.

Second.

This Law shall enter into force on the day following its publication in the "Official State Gazette".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Palacio Real, de Madrid, eight October of a thousand nine hundred and eighty.

JOHN CARLOS R.

The President of the Government,

ADOLFO SUAREZ GONZALEZ