Article Uno.f) of Law 20/2014, of October 29, by which the power to issue various recast texts is delegated to the Government, pursuant to the provisions of Article 82 et seq. of the Spanish Constitution, authorised the Government to approve a recast text in which it is integrated, duly regularised, clarified and harmonised, Law 56/2003 of 16 December 2003 on Employment and all the related legal provisions listed therein. paragraph, as well as the rules with a range of laws that have changed them and which, affecting their scope (a) material, may, where appropriate, be promulgated before the approval by the Council of Ministers of the recast text as appropriate and provided for therein. The deadline for the completion of this text is 12 months after the entry into force of the said Law 20/2014 of 29 October 2014, which took place on 31 October 2014.

This royal legislative decree has been submitted to the most representative trade union and business organizations. It has also been informed by the Economic and Social Council.

In its virtue, on the proposal of the Minister of Employment and Social Security, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on October 23, 2015,

DISPONGO:

Single item. Approval of the recast of the Employment Law.

The recast text of the Employment Law that is inserted below is approved.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of the recast text of the Employment Law, and in particular the following:

(a) Law 56/2003, of 16 December, of Employment.

(b) The additional sixth and 17th provisions of Law 35/2010 of 17 September 2010 on urgent measures for the reform of the labour market.

(c) The first additional provision, the last paragraph of the second transitional provision and the final provision of Royal Decree-Law 3/2011 of 18 February 2011, of urgent measures for the improvement of employability and reform of active employment policies.

d) The additional 15th of Law 3/2012, of July 6, of urgent measures for labour market reform.

Given in Oviedo, 23 October 2015.

FELIPE R.

The Minister of Employment and Social Security,

FATIMA BANEZ GARCIA

RECAST TEXT OF THE EMPLOYMENT LAW

INDEX

Preliminary title. Of the employment policy.

Article 1. Definition.

Article 2. Objectives.

Article 3. Planning and implementation of employment policy.

Article 4. The local dimension of employment policy.

Article 5. Instruments of employment policy.

Title I. The National Employment System.

Chapter I. General provisions.

Article 6. Concept.

Article 7. Finnish.

Article 8. Organs.

Article 9. Instruments for the coordination of the National Employment System.

Article 10. Spanish Strategy on Activation for Employment.

Article 11. Annual Employment Policy Plans.

Article 12. The Public Employment Services Information System.

Article 13. Principles of organisation and operation.

Article 14. Functions.

Chapter II. The State Employment Public Service.

Article 15. Concept.

Article 16. Nature and legal status.

Article 17. Organization.

Article 18. Competencies.

Chapter III. The public employment services of the Autonomous Communities.

Article 19. Concept and competencies.

Article 20. Organization.

Chapter IV. Funding.

Article 21. Budgetary regime of national employment funds.

Article 22. Active employment policies co-financed by European Union funds.

Article 23. Bodies for the monitoring and control of national employment funds.

Article 24. Fund of employment policies.

Article 25. Autonomous financing of active employment policies.

Title II. Services of the National Employment System provided by public employment services.

Chapter I. Users of services.

Article 26. Persons and business users of the services.

Article 27. Common portfolio of National Employment System Services.

Chapter II. Access of unemployed persons to services.

Article 28. Personalized approach to services.

Article 29. Individual and personalized itinerary of employment.

Article 30. Priority collectives.

Title III. Instruments of employment policy.

Chapter I. Labor intermediation.

Article 31. Concept of work intermediation.

Article 32. Agents of intermediation.

Article 33. Placement agencies.

Article 34. Basic principles of labor intermediation.

Article 35. Discrimination in access to employment.

Chapter II. Active employment policies.

Article 36. Concept of active employment policies.

Article 37. General principles of active employment policies.

Article 38. Development of active employment policies.

Article 39. Continuous assessment of active employment policies.

Article 40. Vocational training system for employment in the field of work.

Chapter III. Coordination between active policies and economic protection against unemployment.

Article 41. Registration as a jobseeker and a subscription to the activity of the beneficiaries of benefits and unemployment benefits.

Article 42. Cooperation and collaboration between public employment services managing active policies and the State Employment Service in the field of economic protection against unemployment.

Additional disposition first. Identification of the State Employment Public Service.

Additional provision second. Collaboration in the field of information with public employment services.

Additional provision third. Comprehensive plan for the employment of the Canary Islands.

Additional provision fourth. Participation of the Autonomous Communities in the incentive of indefinite employment.

Additional provision fifth. Linking of active employment policies and unemployment benefits.

Additional provision sixth. Public employment services.

Additional provision seventh. Consideration of victims of terrorism for the purpose of active employment policies.

Additional disposition octave. Identification of the Sectoral Employment and Labour Affairs Conference.

First transient disposition. Entities that collaborate in the management of employment.

Second transient disposition. Management of active employment policies and job intermediation by the State Employment Public Service.

Transitional provision third. Active employment policies aimed at women.

Transitional disposition fourth. Provisions applicable to the placing agencies with authorisation in force on 5 July 2014.

Final disposition first. Competitive titles.

Final disposition second. Enabling regulatory development.

Final disposition third. Cooperation agreements between the State Employment Public Service and the public employment services of the autonomous communities for the financing of shared expenses, corresponding to the state management of unemployment benefits that do not The extension of the effective cost to the Autonomous Communities is involved.

PRELIMINARY TITLE

From Employment Policy

Article 1. Definition.

Taking into account the provisions of Articles 40 and 41 of the Spanish Constitution, the employment policy is the set of decisions taken by the State and the autonomous communities that aim to develop programmes and measures aimed at achieving full employment, as well as the quality of employment, the quantitative and qualitative adequacy of supply and demand for employment, the reduction and the proper protection of unemployment situations.

Employment policy will be developed within the broad guidelines of economic policy in the field of the coordinated strategy for employment regulated by the Treaty on the Functioning of the European Union.

Article 2. Objectives.

Are general objectives of the employment policy:

(a) Ensuring effective equality of opportunity and non-discrimination, taking into account the provisions of Article 9.2 of the Spanish Constitution, access to employment and actions aimed at achieving it, as well as the free choice of profession or trade without any discrimination, in the terms laid down in Article 17 of the recast of the Law on the Staff Regulations.

These principles shall apply to nationals of Member States of the European Economic Area and, in terms of the rules governing their rights and freedoms, to other foreigners.

(b) Maintain an effective system of protection against unemployment, which includes active employment policies and unemployment benefits, ensuring coordination between them and the cooperation between them. different entities involved in the implementation of the employment policy and its management and the interrelationship between the different employment intermediation actions.

(c) Adopt a preventive approach to unemployment, especially in the long term, by providing individualised care to the unemployed through integrated actions of active employment policies that improve their workability.

Equally, employment policy will tend to adopt a preventive approach to unemployment and anticipation of change through training actions that will make it easier for the worker to maintain and improve his or her qualifications. professional, employability and, where appropriate, requalification and adaptation of their professional skills to the requirements of the labour market.

(d) Ensuring adequate labour integration policies aimed at those groups with the greatest difficulties of job integration, especially young people, women, people with disabilities and the long-term unemployed, over 45 years.

e) Maintaining the unity of the labour market throughout the entire state, taking into account the specific and diverse characteristics of the different territories and promoting the correction of territorial imbalances and social.

(f) Ensuring the free movement of workers and facilitating geographical mobility, both at state and at European level, for those wishing to move for employment reasons.

g) Coordinate its articulation with the dimension of the internal and external migration phenomenon, in accordance with the provisions of paragraphs (a) and (d) in collaboration with the autonomous communities, within the framework of their respective competencies.

h) Provide individualized services to the active population aimed at facilitating their incorporation, permanence and progress in the labor market, as well as companies to contribute to the improvement of their competitiveness.

i) Promoting entrepreneurial culture and entrepreneurship, as well as improving care and support for entrepreneurs in the implementation of their business initiative.

Article 3. Planning and implementation of employment policy.

1. In the field of State competence, the Government, through the Ministry of Employment and Social Security, is responsible for the coordination of the policy of employment and social security in the framework of the agreements adopted by the Sectoral Conference on Employment and Labour Affairs. employment.

Likewise, it is up to the Government, on a proposal from the Ministry of Employment and Social Security, and prior to the report of this Ministry to the Sectoral Conference on Employment and Labor Affairs, to approve the draft standards with the law and the drafting and approval of the provisions of the regulations relating to the intermediation and placement in the labour market, promotion of employment, unemployment protection, vocational training for employment in the field of employment as well as the development of such management, all without prejudice to the powers of the Foreign affairs correspond to the Ministry of the Interior.

In any case, it is up to the Government, through the Ministry of Employment and Social Security, to manage and control unemployment benefits.

2. In accordance with the Spanish Constitution and its Statute of Autonomy, the development of employment policy, the promotion of employment and the implementation of labour and labour law are the responsibility of the autonomous communities in their territorial area. programs and measures that have been transferred to them.

Article 4. The local dimension of employment policy.

The employment policy, in its design and management model, must take into account its local dimension in order to meet the needs of the territory, in a way that favours and supports the initiatives of generation of employment in the field local.

In accordance with the Spanish Constitution, with the Statutes of Autonomy and with Law 7/1985, of April 2, Regulatory of the Bases of the Local Regime, the public services of employment of the autonomous communities, in execution of active employment policy services and programmes, may establish appropriate collaboration mechanisms with local authorities.

Local entities will be able to participate in the process of territorial concertation of active employment policies, by means of their representation and participation in the institutional participation bodies at the regional level.

The public employment services of the autonomous communities will be responsible for moving the territorial dimension of the active employment policies into the framework of the National Employment System and for determining, where appropriate, the representation of the local authorities in the institutional participation bodies at the regional level.

Article 5. Instruments of employment policy.

The employment policy instruments are as follows:

a) Labor intermediation.

b) Active employment policies.

c) Coordination between active policies and economic protection against unemployment.

TITLE I

The National Employment System

CHAPTER I

General provisions

Article 6. Concept.

The National Employment System means the set of structures, measures and actions necessary to promote and develop employment policy. The National Employment System is made up of the State Employment Public Service and the public employment services of the Autonomous Communities.

Article 7. Finnish.

1. The National Employment System shall ensure that the following purposes are met:

(a) Encourage employment and support job creation, in particular for people with greater difficulty in job integration.

b) Offering a public and free employment service to workers and employers, capable of capturing job vacancies on the labour market, on the basis of effective and quality care with a view to progressively increasing their employment intermediation rates.

(c) Provide the necessary information to enable jobseekers to find a job or improve their employment opportunities, and employers, to recruit appropriate workers appropriate to their needs, ensuring the principle of equality in the access of workers and employers to the services provided by the public employment service.

d) Ensure that public employment services, in the field of their respective competences, implement active employment and labour market policies in accordance with the principles of equality and non-discrimination, terms provided for in Article 9 of the Spanish Constitution, and promote the overcoming of territorial imbalances.

e) Ensuring the implementation of activation policies for employment and protective action for unemployment.

(f) Ensuring the unity of the labour market throughout the Spanish territory and its integration into the European single market, as well as the free movement of workers.

g) Promoting the cooperation of the public employment service and companies in those active policy actions and professional qualifications that they develop and which can be effective for job integration, training or retraining of the unemployed.

(h) Strengthen public employment services and promote public-private collaboration in the work process and the development of active employment policies.

2. In the fulfilment of these objectives, the National Employment System will be subject to regular evaluation in order to bring its structures, measures and actions into line with the real needs of the labour market.

3. In order to ensure the fulfilment of these objectives, the public authorities, within the scope of their respective powers, shall ensure that the public employment services set up in this law are equipped with the staff who at any time necessary for the performance of the functions that the law entrusts them.

Article 8. Organs.

The organs of the National Employment System are:

(a) The Sectoral Conference on Employment and Labour Affairs, which is the general instrument of collaboration, coordination and cooperation between the General Administration of the State and the State of the Autonomous Communities in the field of policy employment and vocational training for employment in the field of employment, and in particular with regard to the Spanish Employment Strategy and the Annual Employment Policy Plans.

b) The General Council of the National Employment System, which is the consultative body and institutional participation in employment policy and vocational training for employment in the field of employment. The Council shall be composed of a representative of each of the Autonomous Communities and of equal numbers of members of the General Administration of the State, of the business organizations and of the most representative trade union organizations. For the adoption of agreements, the votes of the employers ' organizations and the trade union organizations will be weighted so that each of these two representatives will have the same weight as the representatives of both organizations. This is the case for the tripartite Council. It will determine its functions, in line with those attributed to the National Employment System by Article 14, among which is the consultation and report of the Spanish Strategy for the Activation of Employment and the Annual Employment Policy Plans.

Article 9. Instruments for the coordination of the National Employment System.

The coordination of the National Employment System will be carried out mainly through the following instruments:

(a) The Spanish Strategy for the Activation of Employment, as set out in Article 10.

(b) The Annual Employment Policy Plans, as provided for in Article 11.

(c) The Public Employment Services Information System, as regulated in Article 12.

Article 10. Spanish Strategy on Activation for Employment.

1. In the exercise of the powers laid down in Article 3.1, the Government, on a proposal from the Ministry of Employment and Social Security, shall adopt the Spanish Employment Strategy, which shall be drawn up in collaboration with the communities. The Committee of the Regions shall report to the Committee on Employment and Labour Affairs, and shall report to the General Council on the National System of Employment and Labour Affairs, and shall report to the Committee on Employment and Labour Affairs. Employment.

In addition, in the elaboration of the Spanish Strategy for Employment Activation, the Councils of Autonomous Work and the Promotion of the Social Economy will be consulted, in relation to the actions of promotion of self-employment and of the social economy.

2. The Spanish Employment Strategy will include the following elements:

a) Analysis of the situation and trends of the labour market.

b) Principles of action and strategic and structural objectives to be achieved in the field of employment policies, including active employment policies and labour intermediation policies, for the State as a whole.

(c) Budget framework, sources of funding and criteria for fund management.

3. The Spanish Employment Strategy will reflect the active employment policies and employment intermediation policies that are developed throughout the State, and will include both the services and programs that the public services of employment with state resources such as those which the autonomous communities carry out with their own economic resources.

4. The Spanish Strategy for Employment Activation will be based on the following of the activation policies for employment, which will integrate the objectives in the field of activation policies for employment and the whole of the services and programmes developed by the public employment services:

a) Axis 1. Orientation. It includes the actions of information, career guidance, motivation, advice, diagnosis and determination of the professional profile and competences, design and management of the individual learning path, job search, job intermediation and, in short, actions to support the insertion of beneficiaries.

b) Axis 2. Training. It includes vocational training measures for employment in the field of employment, aimed at learning, training, retraining or retraining and training in alternance with work activity, including public health programmes. employment and training, enabling the beneficiary to acquire skills or improve his/her professional experience, to improve his/her qualification and to facilitate his/her job integration.

c) Axis 3. Job opportunities. It includes actions aimed at encouraging recruitment, job creation or the maintenance of jobs, especially for those groups who have the greatest difficulty in accessing or staying in employment, with special consideration of the situation of persons with disabilities, of persons in situations of social exclusion, of persons with family responsibilities, of victims of terrorism and of women victims of gender-based violence.

d) Axis 4. Equal opportunities for access to employment. It includes actions aimed at promoting equality between women and men in access, permanence and promotion in employment, as well as the reconciliation of personal, family and work life. It also includes those aimed at facilitating geographical mobility or promoting recruitment in sectors of activity different from those where it would have been usually worked.

e) Axis 5. Entrepreneurship. It includes activities aimed at promoting entrepreneurship, self-employment and the social economy, as well as those aimed at generating employment, business activity and dynamisation and boosting local economic development.

f) Axis 6. Improvement of the institutional framework. This axis has a transversal character, so it affects all the others. It collects the actions, measures and actions that are aimed at improving the management, collaboration, coordination and communication within the National Employment System and the impetus to its modernization.

5. The Spanish Employment Strategy Strategy will have a multi-annual nature and may be subject to review, improvement and updating. An evaluation of the same will be performed upon completion.

Article 11. Annual Employment Policy Plans.

1. The Annual Employment Policy Plans will concretize, on an annual basis, the objectives of the Spanish Employment Strategy to be achieved in the State as a whole and in each of the different autonomous communities as well as the indicators to be used to assess and assess the degree of compliance of the indicators annually.

In order to achieve these objectives, they will also have the foresight of the services and programs of active employment policies and labor intermediation that they intend to carry out, both the autonomous communities in the exercise of its implementing powers in the field of employment, employment and vocational training for employment in the field of employment, such as the State Employment Public Service in its field of competence. The services and programmes included in each Annual Plan may be exceptionally modified by the State Employment Public Service, at the justified request of the corresponding Autonomous Community where needs of an extraordinary nature. Oversold as necessary for the proper management and execution of the Plan.

2. The Annual Employment Policy Plans shall be drawn up by the Ministry of Employment and Social Security, taking into account the forecasts made by the Autonomous Communities and the State Employment Public Service within the Conference. Employment and Labour Affairs Sectoral, shall be reported by the General Council of the National Employment System, as regulated in Article 8.b), and shall be approved by the Council of Ministers.

In addition, in the preparation of the Annual Plans for Employment Policy, the Councils of the Autonomous Work and the Promotion of the Social Economy will be consulted, in relation to the actions to promote self-employment and the social economy.

Article 12. The Public Employment Services Information System.

The Public Employment Services Information System is configured as a common information system that will be organized with an integrated and compatible IT structure, and will be the technical instrument that will integrate the information on labour intermediation, the management of active employment policies, and the protection of unemployment, which are carried out by public employment services throughout the territory of the State.

This system will ensure that the functions of employment intermediation, without territorial barriers, the registration of the persons seeking employment, the traceability of the actions followed by the actions followed by the In their relations with the public employment services; the common statistics; the communication of the content of the contracts; the knowledge of the resulting information and the monitoring, inter alia, of the management of the training (i) vocational guidance for employment in the workplace, vocational guidance, initiatives of the employment and bonuses for recruitment, as well as the actions of the placement agencies.

The system will allow the evaluation, monitoring and control of the use of funds from the General Budget of the State or the European Union for their justification.

Article 13. Principles of organisation and operation.

The organisation and functioning of the National Employment System will be based on the following principles:

(a) Participation of the most representative employers ' and trade unions in the State Employment Public Service and the public employment services of the Autonomous Communities, in the manner in which they determine, in accordance with the provisions of this law.

b) Transparency in the functioning of the labour market and the establishment of policies necessary to ensure the free movement of workers for reasons of employment or training, taking into account, as elements essential to ensure this principle:

1. The integration, compatibility and coordination of information systems. The State Employment Public Service and the public employment services of the Autonomous Communities will collaborate in the creation, exploitation and maintenance of a common information system to be organized with an integrated IT structure and compatible. This will make it possible to carry out in an appropriate manner the functions of employment intermediation without territorial barriers, the registration of unemployment, the common statistics, the communication of the content of contracts and the monitoring and control of the use of of funds from the General Administration of the State or European for its justification.

2. The existence of a common database, the Single Employment Portal, enabling the dissemination of the offers, job demands and training opportunities existing throughout the territory of the State, as well as in the rest of the Countries of the European Economic Area, respecting the provisions of the Organic Law 15/1999 of 13 December on the Protection of Personal Data.

To do this, public employment services will record all job offers and demands in the Public Employment Services Information System databases. The State Employment Public Service will ensure the dissemination of this information to all citizens, businesses and public administrations as a guarantee of transparency and market unity.

3. The Public Employment Services are responsible for assuming, in the terms laid down in this law, the implementation of active employment policies, without prejudice to the possibility of establishing instruments of collaboration with other entities, which shall act under their coordination. Such entities shall in any event respect the principles of equality and non-discrimination.

The collaboration of such entities will be oriented according to objective criteria of effectiveness, quality and specialization in the delivery of the service entrusted, in any case with the established rules corresponding. The collaboration of the social partners should be considered in a specific way.

4. Quality in the provision of service, promoting the drive and the permanent improvement of public employment services to adapt to the needs of the labour market, with the use of new technologies such as a dynamic element of change, with sufficient resources for human and material resources to enable specialized and personalized attention to be given to both job seekers and businesses.

Article 14. Functions.

These are the functions of the National Employment System:

(a) Apply and implement the Spanish Employment Strategy, through the Annual Employment Policy Plans.

(b) Ensure the coordination and cooperation of the State Employment Public Service and the public employment services of the Autonomous Communities, with particular attention to the coordination between active employment policies and For employment and unemployment benefits, it is an intermediary.

c) Set concrete and coordinated objectives through the Annual Employment Policy Plans to assess the results and effectiveness of activation policies for employment and to define comparable indicators.

d) To promote and coordinate the permanent adaptation of public employment services to the needs of the labour market, in the framework of the agreements reached at the Sectoral Conference on Employment and Labour Affairs.

e) Inform, propose and recommend to public administrations on issues related to active employment policies and intermediation for employment.

(f) To analyse the labour market in the various sectors of activity and territorial areas in order to bring the active employment and intermediation policies into line with their needs, as well as to identify the national employment situation that contributes to the setting of the needs of foreign workers, in accordance with the regulations derived from migration policy.

g) Determine and update a Common Service Portfolio of the National Employment System to provide for public employment services that guarantee access, on an equal footing, to a public service throughout the State and free of charge.

h) Track the Employment Policy Fund, which is regulated in Article 24.

CHAPTER II

The State Employment Public Service

Article 15. Concept.

The State Employment Public Service is the autonomous body of the General Administration of the State to be entrusted with the management, development and monitoring of the employment policy programmes and measures, within the framework of the established in this law.

Article 16. Nature and legal status.

The Public Service of State Employment is an autonomous body of those provided for in Chapter II of Title III of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State. Ministry of Employment and Social Security, through its holder.

As a self-governing body it has its own legal personality and independent of the General Administration of the State, full capacity to act for the performance of its own functions, assets and treasury, as well as autonomy of management, governed by the provisions of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Procedure Common Administrative Law, Law 47/2003 of 26 November, General Budget and the other implementing provisions for the autonomous bodies of the General Administration of the State.

Article 17. Organization.

The State Employment Service is articulated around a central structure and a peripheral structure, for the fulfilment of its competences. The most representative employers ' and trade union organisations shall participate, in a tripartite and joint manner, in their respective bodies.

In any case, the central structure shall be provided by a general council and an executive committee, the composition and functions of which shall be established in accordance with the powers conferred on the Public Employment Service. State.

Article 18. Competencies.

The State Employment Public Service will have the following competencies:

(a) Develop and raise to the Ministry of Employment and Social Security the proposed State-wide legislation on employment.

b) Formulate the revenue and expense budget blueprint.

(c) To receive the aid of European funds for the co-financing of actions in charge of its budget and to proceed with the justification thereof, through the managing authority designated by the European Union legislation.

d) Develop the project of the Spanish Strategy for the Activation of Employment and the Annual Plans for Employment Policy in collaboration with the Autonomous Communities.

The most representative business and trade union organisations will be involved in the development of this Strategy and will receive regular information on their development and monitoring.

e) Coordinate the joint actions of the public employment services in the development of the Public Employment Services Information System.

f) Manage the Observatory of the Occupations of the State Employment Public Service, with a network throughout the State, analyzing the situation and trends of the labour market and the situation of training for the employment, in collaboration with the Autonomous Communities.

g) Maintain the databases generated by the integrated information systems of the National Employment System and develop statistics on employment, vocational training for employment in the field of employment and protection unemployment at the state level.

h) Manage the services and programs funded from the credit reserve established in your spending budget. These services and programs will be:

1. Services and programmes whose implementation affects a geographical area superior to that of an autonomous community, where these require the geographical mobility of the unemployed or working persons participating in them Autonomous community, other than its own, or to another country and require unified coordination.

2. Programmes whose implementation affects a geographical area higher than that of an autonomous community without involving the geographical mobility of the unemployed or workers participating in them, when they require coordination unified and prior agreement between the State Employment Public Service and the Autonomous Communities in which the said programs are to be implemented.

3. Services and programs aimed at both job seekers and persons employed, for the improvement of their occupation through the collaboration of the Public Service of State Employment with organs of the General administration of the State or its autonomous organizations, for the implementation of training actions, among others, those that aim to generate quality employment and the improvement of opportunities for the working people, in (a) in particular when they are developed in the framework of plans, strategies or programmes at the State level; and of works and services of general and social interest relating to exclusive competence of the State.

4. Services and programs of intermediation and active policies of employment whose objective is the labor integration of immigrant workers, carried out in their countries of origin, facilitating the ordination of the migratory flows.

5. Programs to be established with exceptional character and duration, the execution of which affects the entire national territory, being essential to its centralized management in order to guarantee the effectiveness of the As well as the same possibilities for obtaining and enjoying all potential beneficiaries.

The credit reserve referred to in this paragraph will be provided annually, following the report of the Sectoral Conference on Employment and Labor Affairs, by the General Budget Law of the State. The results of the actions funded from the actions shall be reported annually to that Sectoral Conference.

i) Carry out research, studies and analyses on the situation of the labour market and the instruments to improve it, in collaboration with the respective Autonomous Communities.

(j) the management and control of unemployment benefits, without prejudice to the task of monitoring and requiring compliance with the laws and regulations on obtaining and enjoying the benefits of the system of the Social security Article 12 of Law 23/2015, of July 21, Computer of the System of Inspection of Labor and Social Security, attributes to the officials of the Higher Body of Inspectors of Labor and Social Security and of the Body of Labour sub-inspectors. For the purpose of ensuring coordination between active employment policies and unemployment benefits, the management of this benefit shall be carried out by means of systems of cooperation with the public employment services of the autonomous communities. The State Employment Public Service must collaborate with the autonomous communities that have assumed the transfer of the competencies.

k) Coordinate and promote mobility actions at the state and European level, as well as the representation of the Spanish State in the Eures network.

l) Any other jurisdiction that is legally or regulated to be attributed to you.

CHAPTER III

The public employment services of the Autonomous Communities

Article 19. Concept and competencies.

1.Public employment services of the autonomous communities shall mean the bodies or bodies of the autonomous communities to which the authorities entrust, in their respective territorial areas, the exercise of their functions. necessary for the management of labour intermediation, as laid down in Articles 31 to 35, inclusive, and active employment policies, referred to in Articles 36 to 40, both inclusive.

2. The public employment services of the autonomous communities shall design and establish, in the exercise of their powers, the measures necessary to determine the actions of the entities which cooperate with them in the implementation and development of active employment policies and the management of labour intermediation.

3. The public employment services of the Autonomous Communities will be involved in the elaboration of the Spanish Strategy for the Activation of Employment and the Annual Plans for Employment Policy.

4. The autonomous communities exercising their powers of implementation of the activation policies for employment may draw up their own Employment Policy Plans, in accordance with the objectives of the Annual Employment Policy Plans and in the consistency with the guidelines and objectives of the Spanish Employment Strategy Strategy.

Article 20. Organization.

The public employment services of the autonomous communities, according to their capacity for self-organization, will be equipped with the management and structure bodies to provide the service to the citizen.

These public employment services will have the participation of the most representative employers ' and trade union organisations in the consultative bodies in the form of the provision of services. Autonomous communities, having such participation tripartite and joint.

CHAPTER IV

Financing

Article 21. Budgetary regime of national employment funds.

1. The State, through the State Employment Public Service, has the competence in matters of national employment funds, which will be included in its budget duly identified and disaggregated.

These funds, which are not part of the effective cost of transfers of management powers to the autonomous communities, will be distributed in accordance with the provisions of Law 47/2003 of 26 November, General Budget, when they correspond to programmes whose management has been transferred.

2. In the distribution of the funds to the autonomous communities agreed at the Sectoral Conference on Employment and Labor Affairs, this part of the funds will be identified for active employment policies for the groups that specifically be determined in accordance with the priorities of the Spanish Employment Strategy and taking into account the specific features of the different Autonomous Communities, in order to ensure compliance with it.

It shall be the subject of return to the State Employment Public Service of the funds with specific destination that have not been used for this purpose, except for exceptional circumstances, oversold and urgent attention They should be used for other groups within the specific budgetary objectives, specifying in another case report by the Ministry of Finance and Public Administrations. In any case, the State Employment Public Service and the relevant body of the autonomous community shall agree to reallocation of such funds, reallocation which shall in no case result in the modification of the budget of this body.

3. Prior to the distribution of funds within the Sectoral Conference on Employment and Industrial Affairs, it is agreed that the functions of labour intermediation, without territorial barriers, should be made available in the terms of the Article 12, the State Public Employment Service shall check compliance by the public employment services as laid down in Article 13.b) .2.

If the State Employment Public Service detected the non-compliance with this obligation by some autonomous community, it will not proceed to the payment of the amounts due as long as this situation is not remedied. To this end, the State Employment Public Service will communicate to the Autonomous Communities that the need to remedy the detected non-compliance is in this situation.

4. A credit reserve, not subject to the distribution referred to in the preceding paragraphs, shall be established for the total of the national employment funds to be managed by the State Employment Public Service and programmes referred to in Article 18. h).

Article 22. Active employment policies co-financed by European Union funds.

1. In the distribution of the funds to be managed by the autonomous communities referred to in Article 21 in accordance with the procedure laid down in Law 47/2003 of 26 November, General Budget, the programmes co-financed by the the funds of the European Union.

2. Where active employment policies are co-financed by European Union funds, the autonomous communities which have assumed their management shall also bear the financial responsibility resulting from the fulfilment of the requirements referred to in Article 1 (1). in the applicable Community legislation.

Article 23. Bodies for the monitoring and control of national employment funds.

1.The monitoring and control bodies of national employment funds are:

a) The State Employment Public Service.

b) The organs of the Autonomous Communities, with respect to the transferred management.

c) The Labour and Social Security Inspectorate.

d) The General Intervention of the State Administration.

e) The Court of Auditors.

(f) To the extent that the funds are co-financed by the European Union, the corresponding bodies of the European Union, as well as, at the State level, the bodies designated as managing authorities and the paying authorities of the structural funds.

2. Control actions shall be carried out by those bodies in accordance with the rules applicable to them.

Article 24. Fund of employment policies.

1. A Employment Policy Fund shall be established in the State Employment Public Service, with the aim of addressing future financing needs in the implementation of the services and programmes that integrate active employment policies.

2. The Employment Policy Fund will be funded by:

(a) 10% of the remaining appropriations not committed by the Autonomous Communities in the implementation of the active employment policy services and programmes, which are integrated into the revenue budget of the Public Service State Employment.

(b) 10% of the remaining credit balances not executed by the State Employment Public Service in the services and programmes included in Article 18 (h).

(c) The balance of the highest collection of the vocational training quota for employment, which will be obtained as a positive difference between the liquidation of the vocational training quotas for the employment actually charged to the Revenue budget of the State Employment Service for each financial year and those set out in the initial budget.

d) Any other income of the State Employment Public Service to be integrated into this fund under the terms laid down in the regulations governing it.

3. They shall be further integrated into that fund, provided that the economic possibilities and financial situation permit:

(a) Up to a maximum of 10% of the remaining appropriations not committed by the Autonomous Communities in the implementation of the active employment policy services and programmes, which are integrated into the revenue budget of the State Employment Public Service.

(b) Up to a maximum of 10% of the remaining credit balances not executed by the State Employment Public Service in the services and programmes included in Article 18 (h).

(c) Up to a maximum of 20% of the reintegrals that the Autonomous Communities have made on the basis of the implementation of the National Reference Centers ' work plans.

For the purposes of making the corresponding allocations, it is established as a minimum condition to consider that the financial situation permits the same, that the budgetary result of the financial year is positive. The budgetary outcome of each financial year shall be obtained, in accordance with the accounting and budgetary legislation in force at any time, as a difference between the net recognised rights and the net recognised obligations of each financial year.

4. The State Employment Public Service will open an account at the Banco de España for the purposes of carrying out the financial operations that are legally permitted with the funds of the Employment Policy Fund.

5. The effective allocations and materialisations of the Employment Policy Fund shall be those agreed by the Council of Ministers in each financial year, on a joint proposal from the persons holding the Ministries of Employment and Social Security and Finance and Public Administrations.

Yields of any nature that generate the account of the Employment Policy Fund and the financial assets in which the funds have materialised shall be automatically integrated into the account.

6. The provision of the assets of the Employment Policy Fund shall be intended solely for the financing of:

(a) The services and programs that integrate active employment policies, managed by both the State Employment Public Service and the public employment services of the autonomous communities. The amounts referred to in paragraph 2 (c) shall be allocated to vocational training measures for employment.

(b) The balance of the lower collection of the vocational training quota for employment, in the light of the negative difference between the liquidation of the vocational training quotas for employment effectively attributed to the Revenue budget of the State Employment Service for each financial year and those set out in the initial budget.

c) The expenses necessary for the management of the fund.

Prior authorization of the Council of Ministers will be required on a joint proposal from the persons holding the Ministries of Employment and Social Security and Finance and Public Administrations, in order to proceed with the provision of the assets of the fund.

The values in which the Employment Policy Fund is to be implemented shall be securities issued by public legal persons.

7. The securities to be set up by the portfolio of that fund, the degree of liquidity of the fund, assumptions for the disposal of the financial assets that make up the fund and other financial management acts shall be determined.

8. For the control and management of the economic management of the Employment Policy Fund, the Management Committee for the Fund is set up.

This Committee will be chaired by the head of the Directorate General of the State Employment Service and will be composed of six members: two appointed by the Ministry of Finance and Public Administrations, one of which will be of which he shall perform the duties of Vice-President; one appointed by the General Intervention of the State Administration; two appointed by the Secretary of State for Employment, one of whom shall act as secretary of the Committee, with a voice and without vote; and one on behalf of the Autonomous Communities, with a voice and without a vote, who will be the one who At any time, the Deputy Presidency of the Autonomous Communities of the General Council of the National Employment System.

This Committee will have the task of formulating proposals for the management, advice and selection of securities to be set up by the Fund's portfolio, the disposal of financial assets that integrate it and other actions to be undertaken by the Fund. financial markets advise, as well as prepare an annual report.

The Management Committee of the Employment Policy Fund may have expert advice on the terms that are to be determined.

9. For the purposes of proper monitoring of the Employment Policy Fund, the Executive Committee of the State Employment Public Service shall be informed of the progress and composition of the Employment Policy Fund.

10. The materialisations, investments, reinvestments and divestitures and other operations for the acquisition, disposal and management of the financial assets of the Employment Policy Fund for each financial year shall be The budget of the State Employment Public Service shall, in accordance with the financial situation of the State Employment Public Service, be definitively imposed on the budget of the State Employment Public Service on that date, to which the appropriations are adjusted. budget.

11. The Government will present to the General Courts an annual report on the evolution and composition of the Employment Policy Fund.

The government will forward the report to the General Courts through its budget office, which will make it available to the deputies, senators and parliamentary committees.

12. The General Council of the National Employment System, through its Permanent Commission, will follow up the proposals for management, the selection of securities to be the Fund's portfolio, the disposal of financial assets that will integrate and other actions that the financial markets advise, as well as their evolution.

Article 25. Autonomous financing of active employment policies.

Active employment policies developed in the autonomous communities whose funding does not correspond to the State Employment Public Service or, where appropriate, those of the State Employment Public Service, finance, where appropriate, with the corresponding items which the budgets of the autonomous community establish, as well as with the participation in the funds from the European Union.

TITLE II

National Employment System Services provided by public employment services

CHAPTER I

Users of services

Article 26. Persons and business users of the services.

Public employment services will provide services to unemployed persons, to employed persons and to businesses, irrespective of their legal form. The Common Portfolio of Services of the National Employment System shall include services the provision of which must be ensured throughout the national territory and by all public employment services.

Article 27. Common portfolio of National Employment System Services.

1. The common portfolio of services of the national employment system, which will be regulated in regulation, is intended to ensure, throughout the State, access on equal terms to public employment services and to services provided by the Member States. and equal opportunities in access to employment, constituting a commitment of the public employment services to the people and enterprises of the users. In any case, unemployed workers will be guaranteed free access to services provided by public employment services.

2. The common portfolio of services of the national employment system shall include the services common to the public employment services to persons, both unemployed and employed, and to undertakings. Each public employment service may establish its own Portfolio of Services, which shall include, in addition to the Common Portfolio of National Employment System Services, those other complementary services which the public employment service determines in the scope of its powers, taking into account the evolution of its labour market, the needs of individuals and enterprises, the priorities set out in the framework of the National Employment System and the resources available.

3. Access to certain services of the National Employment System will require registration as a job seeker for both unemployed and employed persons.

CHAPTER II

Access of unemployed people to services

Article 28. Personalized approach to services.

1. The access of unemployed persons to public employment services shall be carried out by means of their registration and collection of data in an initial interview which will entail an assessment of the services required for their employment. In accordance with this, and in collaboration with the unemployed, it will be determined, if appropriate, the beginning of an individual and personalized itinerary of employment according to the professional profile, professional skills, needs and expectations of the person, together with the situation of the labour market and criteria linked to the perception of benefits, the membership of groups defined as priorities and those that are determined in the framework of the National Employment System.

2. The articulation of the individual and personalised route of employment is configured as a right for unemployed persons and as an obligation for public employment services.

Article 29. Individual and personalized itinerary of employment.

1. The individual and personalized employment itinerary will provide, from an individualized diagnostic interview, the actions of the Common Portfolio of Services of the National System of Employment and specific services, which the Public Service offers The employment of the job seeker, according to his needs, his requirements and the objective to be achieved.

The development of these itineraries will be extended to the entire unemployed population.

2. The subscription and signature of a personal employment agreement will be necessary for the individual and personalized employment itinerary. By means of this agreement, on the one hand, the person receiving the itinerary undertakes to participate actively in the actions for the improvement of their employability and active search for employment, or the implementation of a business initiative, and, on the other hand, the public employment service is committed to the allocation and planning of the necessary actions and measures. In the case of persons benefiting from unemployment benefits and allowances, this personal employment agreement shall be part of the undertaking of activity set out in Article 41.

3. Failure to comply, for reasons not justified, of the personal employment agreement shall give rise to the penalties provided for in the recast of the Law on Infractions and Penalties in the Social Order, approved by Royal Decree-Law 5/2000, 4 of August. For these purposes, non-compliances by persons who are beneficiaries of benefits and unemployment benefits shall be a breach of the undertaking's commitment to the activity of the latter.

4. Public employment services will be responsible for the implementation, monitoring, evaluation and possible redefinition of individual and personalised employment pathways and, where appropriate, will lead to the implementation of the actions to be carried out by the (a) persons seeking employment with the collaborating entities. In any event, the actions of the public employment services and those which may be agreed shall be fixed.

Article 30. Priority collectives.

1. The Government and the Autonomous Communities shall adopt, in accordance with the constitutional and statutory provisions, as well as the commitments made in the field of the European Union and in the Spanish Strategy for the Activation of Employment, (a) specific measures to promote the employment of persons with special difficulties in the integration of the labour market, especially young people, with particular attention to those with a lack of training, women, long-term unemployed, over 45 years, persons with family responsibilities, persons with disabilities or social exclusion, and immigrants, with respect to the legislation of foreign nationals, or others which may be determined, within the framework of the National Employment System.

2. Taking into account the special circumstances of these collectives, the public employment services will ensure the design of individual and personalised employment pathways combining the various measures and policies, duly ordered and adjusted to the professional profile of the people who integrate them and their specific needs. Where necessary, public employment services will assess the need for coordination with social services in order to give better attention to these people.

TITLE III

Employment policy instruments

CHAPTER I

Job intermediation

Article 31. Concept of work intermediation.

1. Labor intermediation is the set of actions that aim to put in contact the job offers with the workers seeking a job, for their placement. The purpose of the work intermediation is to provide the workers with an adequate job of their characteristics and to provide the employers with the workers most appropriate to their requirements and needs.

2. Also considered as an employment intermediation is the activity aimed at repositioning workers who will be surplus to business restructuring processes, when the latter would have been established or agreed with the workers or their representatives in the relevant social plans or recolocation programmes.

3. Regardless of the agent that performs it, the labor intermediation has the consideration of a public service.

Article 32. Agents of intermediation.

For the purposes of the National Employment System, intermediation in the labour market will be carried out through:

a) Public employment services.

b) The placement agencies.

c) Those other services that are regulated for workers abroad.

Article 33. Placement agencies.

1. For the purposes of this law, placement agencies shall mean those public or private entities, with or without a profit motive, who carry out work intermediation activities in accordance with the provisions of Article 31 or employees of the Public Employment Services, either in an autonomous but coordinated manner. They will also be able to develop actions related to job search, such as guidance and professional information, and with the selection of staff.

Recolocation companies are placement agencies specializing in the activity referred to in Article 31.2.

The activity of the placement agencies can be performed throughout the Spanish territory.

2. Natural or legal persons, including temporary work firms, who wish to act as placement agencies, must submit a responsible declaration on a prior basis. This responsible statement shall be submitted to the State Employment Public Service in the event that the agency intends to carry out its activity from workplaces established in two or more autonomous communities or using exclusively electronic means or equivalent of the autonomous community, in the event that the agency intends to carry out its activity from workplaces established only in the territory of that community.

The placement agencies may initiate their activity from the day of the presentation of the responsible declaration, without prejudice to the powers of verification, control and inspection assigned to them by the authorities. competent.

Inaccuracy or falsehood in any data, manifestation or document, of an essential nature, which would have been accompanied or incorporated into the responsible statement, will determine the impossibility of continuing the activity as placement agency, without prejudice to the criminal, civil or administrative responsibilities to which it has taken place.

3. A common electronic system will be regulated so as to integrate all the information provided by the State Employment Public Service and the public employment services of the Autonomous Communities in respect of the placement agencies so that they can know at all times the agencies that operate in their territory.

4. In any event, without prejudice to the obligations laid down in this Chapter and to the specific obligations to be determined by regulation, the placing agencies shall:

(a) To provide the public employment services with the information that is determined by regulatory means, with the periodicity and the way in which it is established about the workers cared for and the activities they develop, as to the job vacancies and professional profiles that correspond to those offers.

b) Respect the privacy and dignity of workers and comply with applicable data protection regulations and ensure that workers are free to provide services.

c) Dispose of compatible and complementary electronic systems with those of public employment services.

d) Meet the current regulations on labor and social security.

e) Meet the universal accessibility standards for people with disabilities and, in particular, ensure the correct relationship between the characteristics of the jobs offered and the academic and professional profile required, in order not to exclude persons with disabilities from access to employment.

(f) Ensuring, in its field of action, the principle of equality in access to employment, not being able to establish any discrimination, direct or indirect, based on origin, including racial or ethnic, sex, age, state civil, religion or belief, political opinion, sexual orientation, trade union membership, social status, language within the State and disability, provided that the workers are in a position to be able to carry out the work or employment of in question.

5. The placement agencies may be considered as collaborating entities of the public employment services, with the scope provided for in the rules for the development of this law.

The legal instrument in which this collaboration is articulated must regulate the mechanisms of communication by the agencies of the placement of breaches of the obligations of the workers and of the applicants and beneficiaries of unemployment benefits provided for in the recast text of the General Law on Social Security.

6. Temporary work firms may act as placement agencies if they comply with the provisions of those agencies in this law and their development provisions, including the obligation to guarantee workers free of charge. the provision of services.

Article 34. Basic principles of labor intermediation.

1. The work intermediation carried out by the public employment services and the placement agencies, as well as the intermediary actions that can be performed by other collaborating entities, will be provided according to the principles constitutional equality of opportunities in access to employment and non-discrimination, ensuring full transparency in the operation of such opportunities.

Public employment services, agencies and entities referred to in the preceding paragraph shall submit their actions in the processing of data from workers to the applicable data protection regulations.

2. In order to ensure compliance with these principles, the public employment services shall ensure that the specific selection and appeal process between the supply of work and the demand for employment is, in general, appropriate to the service. public employment and the placement agencies.

In the case of collectives with special difficulties in entering into employment, public employment services may have specialized collaborating entities to carry out the process referred to in the preceding paragraph.

3. Public employment services assume the public dimension of employment intermediation, although they may establish with other entities and with placement agencies, agreements, agreements or other instruments of coordination that they have as their object encourage the placement of job seekers.

4. The employment intermediation carried out by the public employment services, by themselves or through the placement agencies or agencies when they carry out activities in the field of collaboration with those, as established in the This chapter will be made free of charge for workers and employers.

The intermediation carried out by the placement agencies independently of the public employment services must guarantee the workers the gratuitousness for the provision of services, not being able to demand from them any consideration for the same.

5. For the purposes of the intermediation carried out by the public employment services and, where appropriate, the entities collaborating with them and the implementation of the programmes and measures of active employment policies, they shall have the sole consideration of (a) applicants for employment who are registered as such in such public employment services.

Article 35. Discrimination in access to employment.

1. Public employment services, their collaborating entities, and the placement agencies in the management of labour intermediation must be specifically responsible for avoiding direct and indirect discrimination in access to employment.

The managers of the employment intermediation when, in the placement offers, they appreciate discriminatory character, they will communicate to those who have formulated the offer.

2. In particular, tenders relating to one of the sexes shall be regarded as discriminatory, except in the case of an essential and determining professional requirement for the activity to be carried out.

In any case, the offer referred to only one of the sexes based on the requirements of the job related to the physical effort will be considered discriminatory.

CHAPTER II

Active Employment Policies

Article 36. Concept of active employment policies.

1.An active employment policy is defined as the set of services and programmes for guidance, employment and vocational training for employment in the field of employment aimed at improving the possibilities of access to employment, on the other hand. (a) to be employed or self-employed, to the unemployed, to the maintenance of employment and to the professional promotion of persons employed and to the promotion of entrepreneurship and the social economy.

The policies defined in the previous paragraph should be developed throughout the State, taking into account the Spanish Strategy for the Activation of Employment, the common content established in the State implementing legislation, the needs of the jobseekers and the requirements of the respective labour markets, in a coordinated manner between the professional training agents for employment in the labour market and the employment intermediation which they carry out. actions, with a view to promoting the placement of jobseekers.

2. These policies will be complemented and related, where appropriate, to the protection of unemployment as regulated in the recast text of the General Law on Social Security. The protective action for unemployment referred to in Article 206 of the said legal text includes unemployment benefits at the contributory and assistance level and the actions that make up the active employment policies.

3. Economic resources for active employment policies shall be managed by the public employment services, and may develop the services and programmes they consider necessary, taking into account the aspects referred to in the Paragraph 1 of this Article, which shall be included in the Annual Employment Policy Plans and shall be integrated into the Ejes as set out in Article 10.4.

These services and programs may be managed through the granting of public grants, administrative procurement, subscription of agreements, direct management or any other legal form adjusted to the law.

Article 37. General principles of active employment policies.

1. The following general principles should be included in the design and implementation of active employment policies:

(a) The individualized and specialized treatment of persons in unemployment to improve their employability, as well as those employed to contribute to the quality and maintenance of their employment.

b) The response to the needs of companies in terms of human capital, employment and training.

c) The promotion of self-employment and entrepreneurship, especially in the context of the sustainable economy and new fields of employment, including care and support for entrepreneurs in the setting up in the course of your business initiative.

(d) Equal opportunities and non-discrimination in access to employment in the terms of Article 2 (a). In particular, the objective of equal treatment between women and men shall be actively taken into account in order to ensure in practice full equality on grounds of sex.

e) The adequacy of the territory's characteristics, taking into account the reality of the labour market and the local and sectoral peculiarities.

2. These principles will in turn inform all the actions of the collaborating entities of the public employment services.

Article 38. Development of active employment policies.

Active employment policy services and programmes will provide coverage to the Ejes as set out in Article 10.4 and will be designed and developed by the Autonomous Communities and the State Employment Public Service in the field. of their powers, taking into account the common content set out in the State implementing rules. For these purposes, services and programmes and common content that will be applicable throughout the territory of the State will be regulated. This regulatory development will include a legal framework for state measures of active employment policies aimed at integrating people with disabilities into the labour market, which will establish the minimum content that will be application in the State as a whole.

Article 39. Continuous assessment of active employment policies.

Annually, the government will present a report on the expenditure, including the one needed for the management of the system, and the results of the active employment policies in the State as a whole with the aim of giving greater transparency of employment and training policies, while helping to ensure the effectiveness and efficiency of expenditure in line with the objectives set.

In it, a section will be included for the evaluation of the improvement of the procedures of the initiative of training programmed by the companies, in terms of the reduction of the bureaucratic burdens, rigidities of the system and the incorporation of small and medium-sized enterprises.

Article 40. Vocational training system for employment in the field of work.

1. The system of vocational training for employment in the field of employment is constituted by the set of initiatives, programmes and instruments which aim to promote and extend between enterprises and employed and unemployed workers. a training which contributes to the personal and professional development of workers and their promotion at work which meets the needs of the labour market and is geared towards improving the employability of workers and the Business competitiveness, in accordance with the principles and principles laid down in the Organic Law of the Qualifications and Vocational Training and in the regulatory framework of the vocational training system for employment in the field of employment.

2. Without prejudice to the implementing powers of the autonomous communities, the General Administration of the State, in the exercise of its full regulatory competence, shall exercise coordination in the strategic design of the system. For their part, the most representative employers 'and employers' organisations will participate in the system's governance bodies, and in particular in the design, planning, programming, monitoring, monitoring, evaluation and dissemination of information. of vocational training for employment, in particular in the field of employment, in the terms laid down in the rules governing the vocational training system for employment in the workplace. This participation will be carried out either directly or through sectoral joint structures.

3. In the framework of the strategic planning of the system as a whole, the Ministry of Employment and Social Security, with the participation of the autonomous communities, the most representative business and trade union organizations organisations representing the self-employed and the social economy, will develop a multi-annual vocational training centre for employment and develop an efficient system for monitoring and prospecting the labour market to identify and anticipate changes in the demands for skills and skills of the productive fabric.

4. The vocational training system for employment in the field of employment shall be provided with sufficient, stable and equitable funding, including that from the vocational training quota, in order to give stability to the vocational training system itself. system. This funding must be managed in a competitive competitive position open to all training providers, accredited and/or registered under the current rules, for the delivery of all the training programmes of the various General government.

The competent authorities, after consultation with the most representative employers ' and trade unions, may decide on the progressive introduction of a training cheque for unemployed workers by delimiting the sectors in which it will apply. To this end, the requirements and conditions for their enjoyment shall be determined. In addition, the implementation of the Sectoral Conference on Employment and Labour Affairs will analyse the implementation and the mechanisms for its evaluation.

5. Initiatives and vocational training actions for employment will be aimed at the acquisition, improvement and permanent updating of vocational skills and qualifications, promoting training throughout the life of the European Union. active population, and combining the needs of people, businesses, territories and the productive sectors.

6. The competent public authorities shall promote the maintenance of a network of training, public and private entities, which together with their own centres, ensures a permanent offer of training for quality employment.

In addition, they will carry out effective monitoring and control of training actions, which will comprise all the initiatives and modalities of delivery and will be extended beyond the mere verification of requirements and formalities, incorporating the results of the training and contributing to the guarantee of its quality. To this end, they will strengthen their instruments and means of control, as well as their sanctioning capacity through a Special Unit of the Labour and Social Security Inspectorate.

7. The Certificate of Professionalism is the instrument of accreditation, in the field of work, of the professional qualifications of the National Catalogue of Professional Qualifications acquired through training processes or the process of recognition of work experience and non-formal training pathways.

8. The vocational training system for employment will have an integrated system of information to ensure the traceability of training actions and the comparability, consistency and ongoing updating of all information on the vocational training for employment, which will be included in a single portal linking the regional employment services to the state and making its formats homogeneous.

9. The competent public authorities shall promote their cooperation and coordination in order to improve the quality, effectiveness and efficiency of the vocational training system for employment. They will also promote processes of permanent evaluation and in all phases of the training process, as a guarantee of quality of the training, in order to know its impact on the access and maintenance of the job.

CHAPTER III

The coordination between active policies and economic protection against unemployment

Article 41. Registration as a jobseeker and a subscription to the activity of the beneficiaries of benefits and unemployment benefits.

1. Applicants and beneficiaries of unemployment benefits and allowances, in accordance with the recast text of the General Law on Social Security, must register and maintain registration as jobseekers in the service. public employment, which will involve the subscription to the same activity commitment, and must meet the requirements of that undertaking, which will be included in the demand renewal document.

However, once registered and without prejudice to continuing to maintain such registration, applicants and beneficiaries of unemployment benefits and allowances who so wish may require the services of the agencies of the placement.

2. The registration as a jobseeker will be made with full availability to accept an offer of suitable placement and to meet the rest of the requirements arising from the commitment of activity, which will be understood from the date of the application for unemployment benefits and allowances.

3. The public authorities responsible for employment intermediation and the management of active employment policies shall ensure that they are applied to the beneficiaries of unemployment benefits and allowances, in the context of the actions they may take. be established in accordance with the provisions of Article 21.2. For these purposes, the volume of beneficiaries in proportion to their participation in the total number of unemployed in their territory shall be covered by these measures, at least.

4. The beneficiaries of unemployment benefits and allowances registered in the public employment services, once they have subscribed to the undertaking, must take part in the active employment policies to be determined in the insertion, without prejudice to the provisions of the recast text of the General Law on Social Security. The competent public employment services shall verify the fulfilment of the obligations arising from the subscription to the undertaking of the beneficiaries of unemployment benefits and allowances by communicating the penalty imposed in their the case, at the time it is imposed, to the State Employment Public Service or to the Social Institute of the Navy, as appropriate, for its execution.

The competent public employment services shall also verify compliance with the obligation of those beneficiaries to remain registered as jobseekers, and must communicate the non-compliance with this obligation. to the Public Service of State Employment or, where appropriate, to the Social Institute of the Navy, at the time they are produced or known. Such communication may be made by electronic means and shall be sufficient document for the State Employment Public Service or, where appropriate, the Social Institute of the Navy, to initiate the appropriate sanctioning procedure.

Article 42. Cooperation and collaboration between public employment services managing active policies and the State Employment Service in the field of economic protection against unemployment.

1. The authorities and public bodies which have responsibility for the management of employment and the State Employment Service shall cooperate and cooperate in the exercise of their powers by ensuring the coordination of the (i) various measures of intermediation and insertion of work and those for the application, recognition and perception of unemployment benefits, through the agreements to be adopted at the Sectoral Conference on Employment and Industrial Affairs and the collaboration agreements to be reached, in accordance with the provisions of Articles 5 and 6 of the Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

In these cooperation agreements, the conditions for the use of the amounts not executed in the financing of expenditure of the various unemployment benefits may be established to finance programmes for the promotion of employment and vocational training for employment, provided that the reduction in the expenditure initially envisaged is due to the effective compliance by the competent public authorities of the tasks set out in paragraphs 3 and 4 of the Previous article.

2. In this framework, the connection of the management processes and the related information systems, the collaboration in the execution of the activities, the communication of the necessary information for the exercise of the respective (i) the provision of services to applicants for employment, applicants and beneficiaries of unemployment benefits, and the application of intermediation, employment measures and plans for the improvement of occupational and occupational health and safety, checking the availability of the collective.

Additional disposition first. Identification of the State Employment Public Service.

The National Employment Institute is renamed the State Employment Public Service, retaining the legal, economic, budgetary, wealth and personnel regime, as well as the same legal personality and nature as autonomous body of the General Administration of the State, with the peculiarities provided for in this law.

As a result, all references in the legislation in force to the National Employment Institute or to its functions and units should be understood as the Public Service of State Employment.

Additional provision second. Collaboration in the field of information with public employment services.

All public and private bodies and entities will be obliged to provide the State Employment Public Service and the public employment services of the autonomous communities with data requested in the relationship with the fulfillment of the purposes that are their own, respecting the provisions of the Organic Law 15/1999, of December 13, of Protection of Personal Data.

Additional provision third. Comprehensive plan for the employment of the Canary Islands.

having regard to the economic, social and employment situation of the Canary Islands, given their status as an outermost region resulting from their insularity and remoteness recognised by Article 138.1 of the Spanish Constitution and by Article 349 of the Treaty on the Functioning of the European Union and, taking into account the Structural Funds, Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 in order to increase employment in its territory, the State be able to participate in the financing of a comprehensive employment plan that will be provided, in a way differentiated, in the state of expenditure of the State Employment Public Service, for direct management by that autonomous community, not integrated in the credit reserve referred to in Article 18 (h) and which shall be independent of the allocation of the national-level employment funds, as referred to in Article 21, which correspond to them.

Additional provision fourth. Participation of the Autonomous Communities in the incentive of indefinite employment.

In the framework of the agreements signed between the government and the autonomous communities, the corresponding transfer agreements may be adopted for the participation in the management of the social quota subsidies. (i) the indefinite recruitment, in respect of the workers and workers of the work centres located in their autonomous community, as well as the self-employed workers located in the autonomous community.

Additional provision fifth. Linking of active employment policies and unemployment benefits.

At the time when employment begins its recovery, the government will take the necessary measures to reform the legislation governing unemployment benefits with the aim of increasing the employment relationship with the active employment policies.

Additional provision sixth. Public employment services.

The government will continue to strengthen public and autonomous public employment services through the improvement of its human, organizational and office network resources. It will also increase the degree of coordination and effectiveness between state and regional public employment services to promote changes in access and improvement of employment and to manage unemployment benefits.

Additional provision seventh. Consideration of victims of terrorism for the purpose of active employment policies.

For the purposes of Article 10.4.c), persons referred to in Article 34 of Law 29/2011 of 22 September of Recognition and Integral Protection of Victims shall be deemed to be victims of terrorism. of Terrorism.

Additional disposition octave. Identification of the Sectoral Employment and Labour Affairs Conference.

All references in the legislation in force to the Sectoral Labour Affairs Conference or to its functions should be understood as the Sectoral Conference on Employment and Labour Affairs.

First transient disposition. Entities that collaborate in the management of employment.

The entities that upon the entry into force of this law will collaborate with the public employment services will maintain such a condition in accordance with the regulations under which the collaboration has been established, as long as it does not develop Regulation of a new system of collaboration with public employment services.

This regulation will establish the minimum requirements of the entities to collaborate in the management, without prejudice to the development that in each autonomous community can be made of it.

Second transient disposition. Management of active employment policies and job intermediation by the State Employment Public Service.

The State Employment Public Service will manage policies relating to intermediation and placement in the labour market and active employment policies to promote employment in the state and vocational training. for employment in the field of employment in the territorial area of Ceuta and Melilla, while its management has not been transferred to these autonomous cities.

Transitional provision third. Active employment policies aimed at women.

As long as the current rates of employment and unemployment remain in the female workforce, the public authorities will have to organise the management of the active employment policies in such a way that the female collective is benefit from the application of such policies in a proportion equal to their weight in the unemployed collective.

Transitional disposition fourth. Provisions applicable to the placing agencies with authorisation in force on 5 July 2014.

1. The placing agencies with the authorisation in force on 5 July 2014 may develop their activity throughout the national territory without the need for a responsible declaration.

2. In the cases referred to in the preceding paragraph, the competent labour authority shall, for all the purposes laid down in this law, have granted the authorisation.

Final disposition first. Competitive titles.

This law is dictated by the provisions of paragraphs 1. 1, 7. and 17. of Article 149.1 of the Constitution which attribute to the State, respectively, " the regulation of the basic conditions which guarantee equality of all Spaniards in the exercise of the rights and in the performance of constitutional duties, "labour law; without prejudice to their execution by the organs of the Autonomous Communities" and " the economic regime of social security, without prejudice to the implementation of its services by the Autonomous Communities. ' The exception referred to in Article 18 (h), which is issued under Article 149.1.13. of the Constitution on "Bases and coordination of the general planning of economic activity".

Final disposition second. Enabling regulatory development.

The Government is authorized to make any provisions necessary for the implementation and development of this law.

Final disposition third. Cooperation agreements between the State Employment Public Service and the public employment services of the autonomous communities for the financing of shared expenses, corresponding to the state management of unemployment benefits that do not The extension of the effective cost to the Autonomous Communities is involved.

In accordance with the principles advocated in this law on cooperation and collaboration between the public employment services of the Autonomous Communities and the Public Service of State Employment, the Public Employment Service The State shall finance, from its budget, the shared costs that may eventually arise in the network of employment offices of ownership transferred to the Autonomous Communities, which are attributable to the provision of services of the managing staff. of unemployment benefits.

financing of such expenditure, which will be of an occasional nature, will not involve the extension of the effective cost of the means transferred to the autonomous communities of the management competence carried out by the National Institute of Employment in the field of work, employment and training, by means of collaboration agreements, in which the economic contribution of the State Employment Public Service corresponding to the shared costs, derived from the the management of unemployment benefits in the territorial area of the communities standalone.