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Order Ecd/1345/2016, Of 3 August, Which Approved The Regulatory Basis For The Granting Of Aid Aimed At The Recruitment Of Young People Enrolled In The National System Of Youth Guarantee File.

Original Language Title: Orden ECD/1345/2016, de 3 de agosto, por la que se aprueban las bases reguladoras para la concesión de ayudas dirigidas a la contratación de jóvenes inscritos en el fichero del Sistema Nacional de Garantía Juvenil.

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="parrafo">-Report to the contract of the inability to reconcile this employment with any other salary or salary.

-To monitor that contracted staff develop their activity, adjusting to the standards of work and regulatory provisions of the center where the activity takes place.

-Ensure that the contract staff remains in the contract execution center. Any alteration or incident affecting the conditions under which the grant was awarded shall be communicated to the EOI Foundation, which shall decide on the same.

-To be found in compliance with tax and social security obligations.

In addition, beneficiaries and beneficiaries must comply with the provisions of Article 13 of the General Grant Law regarding the requirements for obtaining the status of a beneficiary.

The obligations of the beneficiary or beneficiary with the contract are as follows:

-Formalize a labor contract.

-Provide the contract with the necessary support and make it easier for you to use the means, instruments or equipment that are accurate for the normal development of your activity.

-Support the training of the contract, facilitating any activity that is necessary for their best training or career guidance and employment, and with the activities related to their job.

-Select from among the candidates proposed by the EOI Foundation to the candidate who will eventually be hired.

In contracts it will be mandatory to include the emblem of the European Social Fund, as well as the following co-financing clause:

"This contract is co-financed by 91.89 per 100, by the European Social Fund under the Youth Employment Operational Programme, for the 2014-2020 programming period, as well as the Youth Employment Initiative (YEI)."

Article 5. Staff to hire.

1. Features.

The hires referred to by these bases must meet the following requirements:

-Be enrolled in the National Youth Guarantee System File and be a beneficiary or beneficiary. The registration process may be requested, in accordance with the provisions of Article 98 of Law 18/2014, of 15 October, either in a telematic form through the headquarters of the Ministry of Employment and Social Security, or in a non-telematic form for the exceptions referred to in that Article. The information as well as the procedure to be discharged into the file, if not already registered, can be found at the following link:

http://www.empleo.gob.es/es/garantiajuvenil/accesoJovenes.html

-Be registered in the geographical scope to be determined in the call.

-To have participated in a training action developed by EOI under the Youth Employment Operational Programme programme.

2. Character and terms of the contract.

The EOI Foundation will make it easier for companies to benefit from the professional profiles of the candidates who are best suited to the characteristics requested by the beneficiary companies and who have participated in training actions. of the Youth Employment programme. From among the profiles presented, the beneficiary, after assessing the profiles, will select the candidate/s that he/she wants.

In the event that two or more companies select the same candidate, it will be the decision of the same candidate for the company to be hired.

Contracts must be formalised within the time limit for the relevant resolutions.

For the purposes of this aid, the contract will begin to be computed from the moment the selected contract or contract is incorporated with the beneficiary.

Grants for the performance of contracts subject to these bases do not establish a contractual relationship between the contract and the EOI Foundation.

Article 6. Activity object of help and duration.

The activities to be supported will be the recruitment of young people enrolled in the National Youth Guarantee System.

The aid is part of an integrated action with the recipients in the context of a comprehensive route which includes, prior to, a training provided by EOI.

Eligible period: In order for the recruitment to be eligible, the duration of the contracts shall be for a minimum period of 6 months full day, or the equivalent time on a part-time basis cannot be lower is 50% of the full working day.

Article 7. Mode of help, envelope, and payment.

The EOI Foundation will provide assistance under the grant mode up to a maximum of five thousand euros (5,000.00 €) per contract that meets the duration stipulated above, not being able to exceed this amount 90% of the labor cost total of the contract that is eligible.

These effects will not be considered eligible for overtime, incentives, bonuses or voluntary bonuses, or any other compensation not provided for in labour law. The kilometres and the allowances, the work clothes, the remuneration in kind, the payment of holidays not enjoyed, the absences, temporary disabilities, or the situations referred to in Article 37.3 shall also be considered eligible. of the Workers ' Statute, nor any kind of compensation, on the termination of the contract, of those provided for in the Staff Regulations.

All calls published after the ESF expenditure eligibility order of the Ministry of Employment and Social Security shall comply with the provisions of that eligibility order in respect of eligible expenditure by the ESF.

The calls may be sectoral and focused on particular professional profiles and the maximum grant to receive by the beneficiary or beneficiary will be marked on them, and in no case can they be exceeded. Previous conditionalities.

The payment of the grant is made on the basis of justification, at the end of the eligible period, by the beneficiary or the beneficiary of carrying out the activity which is the subject of the aid in accordance with the terms of the Article 6 of this order.

The payment will be conditional on the existence of an EOI record that the beneficiary or beneficiary meets all the requirements set out in Article 34.5 of the General Grant Act.

In any event, in order for EOI to make payments, the beneficiary or beneficiary will be required, in advance, to be accredited to find the current in its tax obligations and in the face of social security and not to be debtor by resolution of the origin of the refund.

The expenditure for the call will be carried out under the Operational Programme "Youth Employment" of the expenditure budget of the EOI Foundation, and will be co-finans.

Hires will be young, proposed to beneficiaries and beneficiaries by the EOI Foundation on the basis of the needs indicated in the grant application, over sixteen years and under the age of thirty, that meet the requirements of Law 18/2014 of 15 October 2014 on the approval of urgent measures for growth, competitiveness and efficiency to benefit from an action derived from the National Youth Guarantee System.

The call for grants will regulate the geographical scope of this aid.

Article 4. Obligations of beneficiaries or beneficiaries.

The beneficiaries and beneficiaries must comply with the obligations set out in Article 14 of the General Grant Act, as well as those set out in the calls and the granting resolutions.

Specifically, they must:

-Meet the regulatory bases.

• Part time 10 points.

-Request for hiring more than one worker by the same entity:

• For each additional full-time contract worker 5 points with a maximum limit of 20 points.

b) Criteria subject to value judgment (up to 40 points):

-Enterprise adequation to the call requirements (Up to 20 points):

• Sector of preferred activity included in the call (up to 15 points).

• Preferred location included in the call (up to 5 points).

-Job position to the call requirements (Up to 20 points).

• Professional category (up to 10 points).

• Activity to be developed by the person to contract adjusted to the profile of the call (up to 10 points).

In case of score tie between different requests it will be used to unpack the following assessment criterion:

-Projects that promote sustainable development, seeking to minimize the risks of environmental impact: 2 points.

-Percentage of women in template:

• Greater than 50%: 2 points.

• Between 50% and 30%: 1 point.

-Percentage of disabled in template:

• Greater than 20%: 2 points.

• Between 10 and 20%: 1 point.

Article 14. Assessment procedure.

The evaluation of the applications corresponds to the EOI Foundation's Grant Selection Commission that will be composed of the following members:

-President: Director Intermedia Body.

-Vice President: Department Director Employment Young Aid.

-Vocal: Legal Advisor.

-Vocal: Financial Area Director.

You will also have a Secretary, without the membership, and act with a voice but no vote.

The commission will be validly constituted with the assistance of the President, the Secretary and two vowels.

Following the assessment of the applications submitted, the Selection Board will issue a report setting out the outcome of the assessment.

Article 15. Resolution.

The Authority of Instruction, in the light of the dossier and of the report of the Selection Committee, will formulate the motion for a resolution which will be final.

Calls may set a minimum threshold for the beneficiary or beneficiary, on the basis of which all interested and non-interested parties may be excluded from the grant.

Once the motion for a resolution has been raised to the competent authority to resolve, it will dictate the resolution of the procedure, which should be motivated.

The maximum time limit for the decision of the procedure and its notification shall be that determined in the corresponding calls, the time limit, which may not exceed the six months provided for in Article 25.4 of the Law. General of Grants. The expiry of the maximum period without having been notified of the legitimate resolution to the interested and interested parties to understand the request for administrative silence dismissed.

The grant resolution must contain at least:

-The ratio of the applicants to whom the aid is granted, in which the identification of the action is indicated, the amount granted to each applicant and the mode of aid, as well as the express dismissal of the other applicants requests.

-The resource regime.

In the motion for a resolution, the EOI Foundation shall indicate the order of precedence, based on the number of points obtained, the beneficiaries or beneficiaries for whom the grant of the aid is proposed.

The resolution of the call will be notified to the interested and interested by email so that there is a strong record of the receipt of the notification and will be made public on the website of the EOI Foundation: http://www.eoi.es http://www.eoi.es. Once the final decision has been notified, the final decision shall be deemed to be accepted unless it is communicated that it expressly disclaims within the maximum period of 10 days from the notification of the grant.

The resolution of the Director-General of the EOI Foundation shall be subject to appeal by the President of the EOI Foundation within one month of the notification. Furthermore, the decision given by the President shall be subject to administrative proceedings within two months of the notification before the Central Courts of the administrative dispute, in accordance with Article 9 of the Treaty. (c) of Law 29/1998 of 13 July, regulating administrative litigation jurisdiction.

In case there are more potential beneficiaries or beneficiaries than budget credit, grants will be awarded to entities that have obtained the highest score up to the maximum credit limit set by each call and until the end of the credit.

A list of eligible beneficiaries or beneficiaries will be established, so that in case of waiver of the grant of any beneficiary or beneficiary it is not necessary to open a new call and will be granted the following applicant.

Article 16. Modification of the resolution.

The actions shall be implemented in accordance with the terms and deadlines for implementation as determined in the decisions to be granted. However, where specific circumstances arise which alter the essential technical or economic conditions taken into account for the granting of the aid, the beneficiary or beneficiary may request the amendment of the resolution of the Concession, in particular:

1. Any alteration of the conditions under consideration for the grant of the grant.

2. The concurrent procurement of other grants, aid, revenue or resources for the same purpose from any public or private administration or entity; national, European Union or international bodies.

The beneficiary or the beneficiary may request EOI, for duly substantiated reasons, and always immediately for the occurrence of the circumstances that motivate it and before the end of the period for the (a) the implementation of the subsidised activity, the modification of the grant decision which will be authorised when it brings cause under unforeseen circumstances or are necessary for the good purpose of the action, provided that the object is not altered; or purpose of the grant and no rights of third parties are harmed.

Requests for amendment of the resolution shall be submitted to the competent authority for the instruction of the concession procedure in EOI. That body shall issue a report on the application indicating its proposal on the amendment of the resolution, which it shall forward to the Director-General of EOI. The Director-General of EOI may amend the concession resolution of its own motion, on the basis of the report indicated.

The deadline for resolving this request will be 15 working days from the day following the receteria and their weighting that will govern the grant of grants are as follows. Each application shall be individually specified in accordance with the assessment criteria and shall be awarded on the basis of the information provided in Article 10 of these bases.

For the granting of the aid, each employer may submit as many requests for assistance as it considers.

a) Target criteria (up to 60 points):

-Request for indefinite hiring of first worker:

• Full time 40 poiipt of the request by EOI. In the event that EOI does not express an express opinion within that period, the application shall be deemed to be rejected by negative administrative silence.

Article 17. Justification.

The acceptance of the grant by the beneficiaries and beneficiaries implies that of the rules laid down in these bases, those laid down in Regulations (EU) 1303/2013 and 1304/2013, of the European Parliament and of the Council of 17 of December 2013, establishing common provisions for the Structural Funds and the European Social Fund, respectively, and other existing rules applicable to them.

They shall also be required to provide the information required by the EOI Foundation, the General Intervention of the State Administration or other competent body and shall also be subject to control and verification of the competent bodies of the European Union, the Administrative Unit of the Social Fund (Ministry of Employment and Social Security).

In the case of expenditure on operations financed by the European Social Fund, it is established that the obligation to provide information shall be extended for up to three years from 31 December following the date of the presentation of the accounts in which the expenditure of the operation is included, in accordance with Article 140.1 and 2 of Regulation 1303/2013 of the European Parliament and of the Council. Those accounts are the ones to be submitted by the Certification Authority to the European Commission where appropriate.

The beneficiary entities must collect the data referring to the target persons for the purpose of completing the information on indicators of the Realization and Results of the co-financed actions, foreseen in the Annex I and Annex II concerning the indicators of the results of the YEI of Regulation (EU) 1304/2013 and the fulfilment of the requirements of the Youth Employment Operational Programme requested by the EOI Foundation at the time corresponds. In the case of non-compliance, the grant shall be reimbursed.

Equally, the beneficiary or beneficiary shall be obliged to provide the monitoring of an appropriate audit trail for the execution of the operations entrusted to it, which allows the total amounts to be identified co-financed certificates to the European Commission, with the accounting records of expenditure and their supporting documents, as well as verification of allocation and transfer.

In relation to the concurrence of different sources of funding, point 11 of Article 65 of Regulation (EU) 1303/2013, of the European Parliament and of the Council of 17 December 2013, which conditions the financing of the operation with other European Union funds.

Grant beneficiaries will have to justify the grant by providing the following documentation:

-Copy of the subscribed job contracts.

-Certificate of the total expenditure made by the legal officer of the company, to which a relationship of all the recipients is attached, specifying the period during which the young people have been hired, the gross salary, and the amount paid for Social Security.

-Payroll payment Justicizers (copy of the transfer or payment made. Payments may not be made in cash).

-The social insurance documents TC1 and TC2, as well as their payment justification.

-Descriptive memory of the activities performed by the contract.

Any alteration of the conditions under consideration for the grant and, in any event, the concurrent obtaining of grants or the application of other funds for the same purpose and purpose, must be communicated by the beneficiary or beneficiary, who shall provide in the justification a responsible statement indicating the application of such funds, the amounts and the entity, in accordance with the provisions of Article 30.4 of the General Law Grants, and Article 65 of Regulation (EU) 1303/2013 of the European Parliament and of the Council of 17 December 2013.

The deadline to provide the supporting account will be 60 calendar days from the end date of the grant period.

Article 18. Follow-up of the actions.

The EOI Foundation will be able to follow up the work developed by the contract for the purpose of verifying the correct performance of the activity and the fulfillment of the objective. To this end, it may seek advice from third-party experts on the specific subjects deemed necessary.

Article 19. Check and control actions.

The beneficiary or beneficiary will be subject to the verification actions to be carried out by the EOI Foundation, as well as to the control by the General Intervention of the State Administration and the Court of Auditors and, in its case, by the European Commission and the Administrative Unit of the European Social Fund, in accordance with the rules on the management of aid financed from the European Union's Funds.

Article 20. Refit.

The recovery of the aid received will proceed as well as the corresponding interest on late payment in the cases provided for in Article 37 of the General Law on Subsidies, and this will be governed by the provisions of Title II of the same.

The loss of the right to full or partial recovery of the aid may be incurred, and the total or partial refund of the amounts received when the non-compliance is apparent, from the moment of the concession or in form (a) the conditions for obtaining the status of beneficiary or beneficiary as laid down in Article 13 of the General Law on Subsidies, where applicable, and the provisions of Article 18 et seq. of Royal Decree 887/2006, 21 July.

Article 21. Infringements and penalties.

The applicable administrative sanctions and violations regime shall be as set out in Title IV of the General Grant Act.

Article 22. Applicable rules.

In everything that is not foreseen in the regulatory bases or in the respective calls will be applicable to the General Grants Law and the Royal Decree 887/2006 of July 21, and the current rules will be application.

Single end disposition. Entry into force.

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

Madrid, 3 August 2016.-The Minister of Education, Culture and Sport, Iñigo Méndez de Vigo and

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