Royal Legislative Decree 3/2015 Of 23 October, Approving The Revised Text Of The Employment Act Is Approved.

Original Language Title: Real Decreto Legislativo 3/2015, de 23 de octubre, por el que se aprueba el texto refundido de la Ley de Empleo.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-11431

Article Uno.f) of Law 20/2014 of 29 October, which is delegated to the Government the power to issue various consolidated texts, under the provisions of Article 82 and following of the Spanish Constitution, it authorized the Government to approve a consolidated text which were integrated, duly regularized, clarified and harmonized, the Law 56/2003 of 16 December, Employment, and all related legal provisions listed in this paragraph and the rules with the force of law that there were modified and which, affecting its material scope, may, where appropriate, enacted before the adoption by the Council of Ministers of the consolidated text applicable and this has been provided herein. The deadline for completion of the text is twelve months from the entry into force of the said Law 20/2014 of 29 October, which took place on 31 October 2014.

This Royal Decree has been subject to consultation of the most representative trade union and business organizations. It has also been informed by the Economic and Social Council.

By virtue of a proposal from the Minister for Employment and Social Security, according to the Council of State and after deliberation by the Council of Ministers at its meeting on 23 October 2015,

DECREE:

Sole Article. Adoption of the revised text of the Employment Act.

The revised text of the Employment Act inserted below were approved.

Single derogatory provision. Repeal legislation.

The following are repealed all provisions of equal or lower rank opposing the provisions of the revised text of the Employment Act, and in particular:

A) Law 56/2003 of 16 December on Employment.

B) The sixth and seventeenth additional provisions of Law 35/2010, of September 17, on urgent measures to reform the labor market.

C) The first additional provision, the last paragraph of the second transitional provision and the first final provision of Royal Decree-Law 3/2011 of 18 February, on urgent measures to improve employability and reform active employment policies.

D) The fifteenth additional provision of Law 3/2012, of 6 July, on urgent measures to reform the labor market.

Given in Oviedo, 23 October 2015.
FELIPE R.


The Minister of Employment and Social Security,
FATIMA GARCIA Báñez


REVISED TEXT OF THE LAW OF EMPLOYMENT
INDEX


Preliminary title. 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 employment policy.

Title I. The National Employment System.

Chapter I. General Provisions.

Article 6. Concept.

Article 7. Fines.

Article 8. Organs.

Article 9. Instruments coordination of the National Employment System.

Article 10. Activation Spanish Strategy for Employment.

Article 11. Annual Plans for Employment Policy.

Article 12. The information system of the Public Employment Services.

Article 13. Principles of organization and operation.

Article 14. Functions.

Chapter II. The Public State Employment Service.

Article 15. Concept.

Article 16. Nature and legal regime.

Article 17. Organization.

Article 18. Competence.

Chapter III. The public employment services of the autonomous communities.

Article 19. Concept and competencies.

Article 20. Organization.

Chapter IV. Financing.
Article 21.
budget funds employment scheme nationwide.

Article 22. Active employment policies financed by funds from the European Union.
Article 23. Organs
monitoring and control of funds employment nationwide.
Article 24. Fund
employment policies.

Article 25. Regional 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. Individuals and companies using services.

Article 27. Common Services Portfolio of the National Employment System.

Chapter II. Access of unemployed people to services.
Article 28.
personalized approach of services.
Article 29.
individual and personalized itinerary employment.
Article 30. Collective
priority.

Title III. Instruments of employment policy.


Chapter I. Employment Services.

Article 31. Concept of labor intermediation.

Article 32. Agents of intermediation.

Article 33 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. System of vocational training for employment in the workplace.

Chapter III. Active coordination between economic policies and unemployment protection.

Article 41. Registration as job seekers and commitment underwriting activity of benefit recipients and unemployment benefits.

Article 42. Cooperation and collaboration between public employment services that manage active policies and the Public State Employment Service on economic protection against unemployment.

First additional provision. Identification of the Public State Employment Service.

Second additional provision. Collaborative information with the public employment services.

Third additional provision. Integrated employment plan Canary Islands.

Fourth additional provision. Participation of the Autonomous Communities in encouraging permanent employment.

Fifth additional provision. Linking active employment policies and unemployment benefits.

Sixth additional provision. public employment services.

Seventh additional provision. Consideration of victims of terrorism for the purposes of active employment policies.

Eighth additional provision. Identification of the Sectoral Conference on Employment and Labour Affairs.

First transitional provision. Entities involved in the management of employment.

Second transitional provision. Management of active employment policies and labor intermediation by the Public State Employment Service.

Third transitory provision. active employment policies targeted at women.

Fourth transitional provision. Provisions applicable to employment agencies with authorization in force on July 5, 2014.

First final provision. competence titles.

Second final provision. Authorisation for regulatory development.

Final disposition third. Cooperation agreements between the Public State Employment Service and the public employment services of the autonomous communities to finance shared, corresponding to the state management of unemployment benefits that do not involve the expansion of the actual cost transferred to the autonomous communities expenses.
PRELIMINARY TITLE


Employment policy

Article 1. Definition.

Considering the provisions of Articles 40 and 41 of the Spanish Constitution, employment policy is the set of decisions taken by the State and the autonomous communities that aim to develop programs and measures to achieve full employment and quality employment, quantitative and qualitative adequacy of supply and demand for employment, reduction and due protection in situations of unemployment.

The employment policy will be developed within the broad economic policy within the framework of the coordinated employment strategy under the Treaty on the Functioning of the European Union.
Article
2. Objectives.

They are overarching objectives of employment policy:

A) Ensuring effective equality of opportunity and non-discrimination, taking into account the provisions of Article 9.2 of the Spanish Constitution, in access to employment and actions to achieve this, as well as the free choice of profession or trade there may be no discrimination in the terms set out in Article 17 of the revised Statute Law Workers.

These principles apply to nationals of Member States of the European Economic Area, and in the terms stipulated by the regulations of their rights and freedoms, the remaining foreigners.


B) To maintain an effective system of protection against unemployment situations, comprising the active employment policies and unemployment benefits, ensuring coordination between them and collaboration between the various agencies involved in implementing policy employment and management and the interrelationship between the various actions of labor intermediation.

C) To adopt a preventive approach to unemployment, especially long-term, providing individualized attention to the unemployed, through integrated active employment policies that will improve their employability actions.

Similarly, employment policy tend to take a preventive approach to unemployment and anticipating change through training activities to facilitate maintenance workers and improving their professional qualifications, employability and, where appropriate, requalification and adaptation of its professionals to the requirements of the labor market skills.

D) Ensuring adequate labor integration aimed at those groups at greatest difficulties in finding employment, especially youth, women, people with disabilities and long-term unemployed, over 45 policies.

E) To maintain the unity of the labor market throughout the state territory, taking into account the specific and diverse characteristics of different territories and promoting the correction of territorial and social imbalances.

F) Ensure the free movement of workers and to facilitate geographic mobility, both at the state level and in Europe, those who want to move for employment reasons.

G) To coordinate its articulation with the dimension of internal and external migration, according to the provisions of paragraphs a) and d) in collaboration with the autonomous communities within the framework of their respective powers.

H) Provide individualized labor force aimed at facilitating its incorporation, permanence and progress in the labor market services and companies to help improve their competitiveness.

I) To promote entrepreneurship and entrepreneurship and improve care and support to entrepreneurs in the implementation of its entrepreneurship.

Article 3. Planning and implementation of employment policy.

1. In the area of ​​state jurisdiction lies with the Government, through the Ministry of Employment and Social Security, within the framework of the resolutions adopted by the Labor Affairs Sector Conference on Employment and coordinating employment policy.

Also incumbent on the Government, at the proposal of the Ministry of Employment and Social Security, and after a report of this ministry to the Sectoral Conference on Employment and Labour Affairs, the approval of the draft rules with the force of law and the development and approval of the regulations in relation to the brokerage and placement in the labor market, employment promotion, unemployment protection, vocational training for employment in the workplace and the development of such management training, all without prejudice to the powers on foreigners that correspond to the Interior Ministry.

In any case, for the Government, through the Ministry of Employment and Social Security, management and control of unemployment benefits.

2. Under the Spanish Constitution and Bylaws of Autonomy, it corresponds to the autonomous communities within their territory the development of employment policy, employment promotion and enforcement of labor laws and programs and measures have been them transferred.

Article 4. The local dimension of employment policy.

Employment policy, in its design and management model must take into account the local dimension to fit the needs of the territory, so to encourage and support initiatives to generate employment locally.

In accordance with the Spanish Constitution, the Statutes of Autonomy and the Law 7/1985 of 2 April, regulating the bases of local government, public employment services of the autonomous communities, in execution services and programs of active employment policies, may establish appropriate mechanisms of cooperation with local authorities.

Local authorities may participate in the process of territorial coordination of employment policies, through their representation and participation in the bodies of institutional participation of regional level.


The public employment services of the autonomous communities are responsible for moving the framework of the National Employment System territorial dimension of active employment policies and to determine, if any, representation of local authorities in the organs institutional participation of regional level.

Article 5. Instruments employment policy.

Are instruments of employment policy as follows:

A) Employment brokerage.

B) Active employment policies.

C) Coordination among active policies and economic protection against unemployment.
TITLE
I

The National Employment System
CHAPTER
I
General provisions


Article 6. Concept.

It is understood by the National Employment System set of structures, measures and actions to promote and develop employment policy. The National Employment System is integrated by the Public State Employment Service and the public employment services of the autonomous communities.

Article 7. Fines.

1. The National Employment System should ensure compliance with the following purposes:

A) Promoting employment and supporting the creation of jobs, especially aimed at people with job placement more difficult.

B) Provide a free public service jobs to workers and entrepreneurs, able to capture the jobs of the labor market, on the basis of an effective quality care with a view to progressively increase their rates intermediation .

C) Provide the necessary information to enable job seekers find work or improve your chances of employment, and employers to hire appropriate to their needs right workers, ensuring the principle of equal access of workers and entrepreneurs to the services provided by the public employment service.

D) Ensure that public employment services, within their respective competences, implement active employment policies and labor mediation in accordance with the principles of equality and non-discrimination in the terms provided in Article 9 the Spanish Constitution, and promote the overcoming of regional imbalances.

E) Ensure implementation of activation policies for employment and unemployment protective action.

F) Ensure unit labor market throughout the Spanish territory and its integration into the European single market and the free movement of workers.

G) Promote cooperation of public employment service and companies in those actions active policies and professional qualifications as they develop and can be effective for employment integration, training or retraining of the unemployed.

H) Strengthen public employment services and promote public-private partnerships in labor intermediation and development of active employment policies.

2. In fulfilling these purposes, the National Employment System shall be subject to periodic assessment in order to adapt its structures, measures and actions to the real needs of the labor market.

3. In order to ensure compliance with these purposes, public authorities, within their respective powers, shall ensure that the public employment services created by this law to be equipped with staff at all times necessary for the performance of functions entrusted to them by law.

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 for collaboration, coordination and cooperation between central government and the autonomous communities policy of employment and vocational training for employment in the workplace, especially in relation to the Spanish Activation Strategy for Employment and Annual Plans for Employment Policy.


B) The General Council of the National Employment System, which is the advisory and institutional participation body on employment policy and vocational training for employment in the workplace. The Council shall be composed of one representative of each of the autonomous communities and an equal number of members of the General State Administration, business organizations and the most representative trade unions. Agreements for the adoption of the votes weighted business organizations and trade union organizations to each of these representations has the same weight as all the representatives of both administrations thus maintaining the tripartite nature of the Council. Statutorily they determine their functions in line with those given to the National Employment System by Article 14, among which is the query and report of the Spanish Strategy Activation for Employment and Annual Plans for Employment Policy.

Article 9. Instruments coordination of the National Employment System.

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

A) The Spanish Strategy for Employment Activation regulated in Article 10.

B) Annual Plans for Employment Policy, regulated in Article 11.

C) Information System of Public Employment Services, as specified in Article 12.

Article 10. Activation Spanish Strategy for Employment.

1. In the exercise of jurisdiction under article 3.1, the Government, at the proposal of the Ministry of Employment and Social Security, the Spanish approve Activation Strategy for Employment, to be developed in collaboration with the autonomous communities and with the participation of the most representative employers and trade unions will be informed by the Sectoral Conference on Employment and Labour Affairs, and submitted to consultation and report of the General Council of the National Employment System.

In addition, the development of the Spanish Strategy for Employment Activation will be consulted Councils Self-Employment and Promotion of Social Economy, regarding the actions of promotion of self-employment and social economy.

2. The Spanish Strategy for Employment Activation include the following elements:

A) Analysis of the status and trends of the labor market.

B) Principles of action and achieve strategic and structural policy activation for employment, including employment policies and labor intermediation for the whole state objectives.

C) budget framework, funding sources and criteria for fund management.

3. The Spanish Strategy Activation for Employment reflect active employment policies and labor mediation taking place in the whole state, and will include both the services and programs that perform public employment services with state funds such as the autonomous communities made with economic resources.

4. The Spanish Strategy Activation Jobs will be structured around the following axes activation policies for employment, where the objectives will be integrated into policy activation for employment and all the services and programs developed by public employment services:

A) Axis 1. Orientation. It comprises the actions of information, career guidance, motivation, counseling, diagnosis and determination of the professional profile and skills, design and management of individual learning trajectory, job search, job placement and, in short, actions support insertion of the beneficiaries.

B) Axis 2. Training. Includes performances vocational training for employment in the workplace, aimed at learning, training, retraining or retraining and training alternating with work, including public employment programs and training, enabling the beneficiary to acquire skills or improve their professional experience to improve their skills and facilitate their employment.


C) Axis 3. Employment opportunities. It includes actions aimed at encouraging hiring, job creation or maintenance of jobs, especially for those groups that have greater difficulty in accessing or continued employment, with special consideration to the situation of people disabled people in social exclusion of people with family responsibilities, victims of terrorism and women victims of gender violence.

D) Axis 4. Equal opportunities in access to employment. Includes actions aimed at promoting equality between women and men in access, retention and promotion in employment and the reconciliation of personal, family and work life. It also includes to facilitate the geographical mobility or promote recruitment in different sectors of activity of those in which he had worked regularly.

E) Axis 5. Entrepreneurship. It includes activities aimed at promoting entrepreneurship, self-employment and social economy, as well as those aimed at job creation, entrepreneurship and revitalization and promotion of local economic development.

F) Axis 6. Improving the institutional framework. This has transversal axis, so that affects all the others. Collect the actions, measures and actions that are aimed at improving the management, collaboration, coordination and communication within the National Employment System and its modernization drive.

5. Enabling the Spanish Strategy for Employment will multiannual and may be reviewed, improved and updated. When completed an evaluation of the same will be done.

Article 11. Annual Plans for Employment Policy.

1. The Annual Plans Employment Policy materialize, annually, the objectives of the Spanish Strategy for Employment Activation achieve in the whole state and in each of the different regions and indicators they will be used to meet annually and assess the degree of compliance with them.

Also, to achieve these objectives, contain the provision of services and programs of active employment policies and labor mediation proposed carry out both the autonomous communities in the exercise of its implementing powers in the field of work, employment and vocational training for employment in the workplace as the Public State employment Service in their jurisdiction. Services and programs in each Annual Plan may be exceptionally modified by the Public State Employment Service, at the request justified the Autonomous Community when supervening extraordinary needs make it necessary for the proper management and execution of the Plan.

2. Annual Plans Employment Policy will be developed by the Ministry of Employment and Social Security, taking into account the forecasts made by the autonomous communities and the Public State Employment Service within the Sectoral Conference on Employment and Labour Affairs, will be reported by the General Council of the National Employment System, governed by Article 8 b), and shall be approved by the Council of Ministers.
It
In addition, in the preparation of the Annual Plans for Employment Policy, will consult the advice of Self-Employment and Promotion of Social Economy, regarding the actions of promotion of self-employment and social economy.

Article 12. The information system of the Public Employment Services.

Information System of the Public Employment Services is configured as a common information system to be organized and compatible with an integrated IT structure and will be the technical instrument that will integrate information on job placement, management of active employment policies and unemployment protection, performing public employment services throughout the territory of the State.


This system will ensure that carried out properly the functions of labor intermediation, without territorial barriers; registration of job seekers, traceability of actions followed by those in their relationship with the public employment services; common statistics; communicating the content of contracts; knowledge of the resulting information and monitoring, among other areas, management of vocational training for employment in the workplace, career guidance, employment initiatives and bonuses for recruitment, and the actions of agencies.

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

Article 13. Principles of organization and operation.

The organization and operation of the National Employment System is based on the following principles:

A) Participation of the most representative business and union organizations in the Public State Employment Service and the public employment services of the autonomous communities, in the way they determine, in accordance with the provisions of this law.

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

1st Integration, compatibility and coordination of information systems. The Public State Employment Service and the public employment services of the autonomous communities collaborate in the creation, operation and maintenance of a common information system to be organized and compatible with an integrated IT structure. This will carry out properly the functions of intermediation without territorial barriers registration of unemployment, common statistics, the communication of the content of contracts and the monitoring and control of the use of funds from the Central Government or Europe for their justification.

2nd Existence of a common database, Unique Employment Portal, which enables the dissemination of bids, applications for employment and training opportunities available throughout the state as well as in other countries the European Economic Area, respecting the provisions of Law 15/1999, of December 13, Protection of Personal data.

To do this, public employment services register all vacancies and applications for employment in the databases of the Information System of Public Employment Services. The Public State Employment Service shall disseminate this information to all citizens, businesses and governments to guarantee transparency and market unit.

3.º The Public Employment Services are responsible to assume, under the terms established in this law, the implementation of active employment policies, without prejudicing the instruments established collaboration with other entities, which operate under coordination. Such entities must always respect the principles of equality and non-discrimination.

The collaboration of such entities will be guided by objective criteria of efficiency, quality and specialization in the provision of entrusted, service agreement in any case with the provisions of the relevant regulations. The collaboration of the social partners should be considered specifically.

4th Quality service delivery, fostering the impulse and continuous improvement of public employment services to suit the needs of the labor market, taking advantage of new technologies as a catalyst for change, with provision sufficient human and material resources to enable specialized and personalized attention to both job seekers and businesses.

Article 14. Functions.

Functions of the National Employment System:

A) Implement and realize the Spanish Strategy for Employment Activation through the Annual Plans for Employment Policy.

B) To ensure the coordination and cooperation of the Public State Employment Service and the public employment services of the autonomous communities, with special attention to coordination between active employment policies and intermediation for employment and unemployment benefits .


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

D) promote and coordinate the ongoing adaptation of public employment services to the needs of the labor market within the framework of the agreements reached in the Sectoral Labour Affairs and Employment Conference.

E) Report, propose and recommend to the government on issues related to active employment policies and employment intermediation.

F) To analyze the labor market in the various sectors and geographical areas in order to adapt active employment policies and employment intermediation for their needs as well as to determine the national employment situation that contributes to fixing the needs of foreign workers, according to the rules resulting from migration policy.

G) Identify and have an updated Common Services Portfolio of the National Employment System to be provided by the public employment services to ensure statewide access, equal to a free public employment service.

H) Monitoring Fund employment policies, as specified in Article 24.
CHAPTER II


The Public State Employment Service

Article 15. Concept.

The Public State Employment Service is the autonomous agency of the Central Government which is entrusted with the management, development and monitoring of programs and measures of employment policy within the framework of the provisions of this law .

Article 16. Nature and legal regime.

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

As an autonomous body has its own independent legal personality of the General State Administration, full capacity to act to fulfill their duties, property and cash, as well as management autonomy, governed by the provisions of Law 6 / 1997 of 14 April, Organization and Functioning of the General State Administration, the Law 30/1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure Law 47/2003, 26 November, General budgetary and other provisions applicable to autonomous bodies of the General State Administration.

Article 17. Organization.

The Public State Employment Service is organized around a central structure and a peripheral structure for fulfilling their responsibilities. The most representative employers and trade unions will participate, tripartite and equal manner, on their respective bodies.

In any case, the central structure will be equipped with a general council and an executive committee, whose composition and functions shall be established by regulation, according to the powers of the Public State Employment Service.

Article 18. Competence.

The Public State Employment Service shall have the following powers:

A) Develop and submit to the Ministry of Employment and Social Security proposed regulations state level employment as appropriate.

B) Prepare the draft budget of income and expenses.

C) To receive European aid for co-financing of actions from your budget and proceed to the justification thereof, through the managing authority designated by the rules of the European Union funds.

D) Prepare the draft Enabling the Spanish Strategy for Employment and Annual Plans for Employment Policy in collaboration with the autonomous communities.

The most representative business and union organizations will participate in the development of the Strategy and receive regular information on their development and monitoring.

E) To coordinate joint actions of public employment services in the development of the Information System of Public Employment Services.

F) Managing Occupational Observatory Public State Employment Service, a network throughout the territory of the State, to analyze the situation and trends in the labor market and the situation of employment training in collaboration with the autonomous communities.


G) Maintain databases generated by the integrated information systems of the National Employment System and compile statistics on employment, vocational training for employment in employment and unemployment protection statewide.

H) Manage the services and programs financed from the credit reserve established in its budget. These services and programs are:
1st
Services and programs whose execution affects more than the autonomous community of geographic scope, as these require geographic mobility of unemployed persons or participants therein workers to another, other than his own, autonomous community or another country and require a unified coordination.

2nd programs whose execution affects a greater geographical coverage to an autonomous community without involving the geographical mobility of workers unemployed or participants therein, as requiring a unified coordination and agreement between the Public Employment Service state and the autonomous communities to be undertaken in these programs.

3.º services and programs both job seekers as employed persons to improve their occupation through collaboration Public State Employment Service with bodies of the General State Administration or its autonomous bodies , to carry out training activities, among others, those that aim at generating quality employment and improving opportunities for working people, particularly when carried out within the framework of plans, strategies or programs statewide, and execution of works and services of general and social interest relating to exclusive powers of the State.

4th brokerage services and programs and active employment policies aimed at the employment of migrant workers, carried out in their countries of origin, facilitating the management of migration flows.
5th
programs established exceptionally and fixed-term, the implementation of which affects the entire national territory, being essential to its centralized for the purpose of ensuring the effectiveness of the same management and same opportunities for obtaining and enjoyment all potential beneficiaries.

The credit reserve referred to in this paragraph shall provide itself annually, a report from the Labor Affairs Sector Conference on Employment and the Law on State Budget. From the results of the actions financed by the same will be reported annually to that Sectorial Conference.

I) Conduct research, studies and analysis on the situation of the labor market and tools to improve, in collaboration with the respective regions.

J) The management and control of unemployment benefits, without prejudice to the role of monitoring and enforcement of the laws and regulations on obtaining and enjoy the benefits of the Social Security system that Article 12 Law 23/2015, of July 21, Milking System Inspection of Labour and Social Security, attributed to officials Superior Inspectorate of Labour and Social Security and labor Subinspectors Corps. For the purposes of ensuring coordination between active employment policies and unemployment benefits, this benefit management systems will be developed through cooperation with public employment services of the autonomous communities. The Public State Employment Service should work with the regions that have taken up the transfer of powers.

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

L) Any other legal or regulatory powers conferred upon it.
CHAPTER III


The public employment services of the autonomous communities

Article 19. Concept and competencies.

1.Se means public employment service of the autonomous communities bodies or entities to which those same authorities entrusted in their respective territories, the exercise of the functions required for managing labor intermediation, as set out in articles 31 to 35, inclusive, and active employment policies, which are referred to in articles 36 to 40, inclusive.


2. The public employment services of the autonomous communities will design and establish the necessary measures, in the exercise of its powers to determine the actions of the entities that collaborate with them in the implementation and development of active employment policies and management labor intermediation.

3. The public employment services of the autonomous communities participate in the development of the Spanish Activation Strategy for Employment and Annual Plans for Employment Policy.

4. The autonomous communities in the exercise of its implementing powers of activation policies for employment may draw up their own plans for Employment Policy, in accordance with the objectives of the Annual Plans for Employment Policy and consistent with the guidelines and objectives the Spanish Strategy for Employment Activation.

Article 20. Organization.

The public employment services of the autonomous communities, depending on their ability to self-organization, shall assemble the bodies and structure for service delivery to citizens.

These public employment services will include the participation of the most representative business and trade union organizations in the representative bodies of advisory capacity in the way it is envisaged by the autonomous communities, said tripartite participation and joint nature.
CHAPTER IV

Financing

Article 21.
budget funds employment scheme nationwide.

1. The State, through the Public State Employment Service, has the responsibility for employment funds at the national level, to be included in their budget properly identified and disaggregated.

These funds, which are not part of the actual cost of the transfer of management powers to the regions, will be distributed in accordance with the provisions of Law 47/2003 of November 26, General Budget, where they correspond to programs whose management has been transferred.

2. In the distribution of funds to the autonomous communities agreed at the Sectoral Conference on Employment and Labour Affairs, that part of them aimed at active employment policies for groups that specifically determined in accordance with the priorities of the Spanish Strategy will be identified Activation for Employment and taking into account the peculiarities of the different autonomous communities, to ensure compliance with it.

It will be refunded to the Public State Employment Service funds with a specific purpose that has not been used for this purpose, unless for exceptional circumstances and urgent care supervening these funds be used for other groups within budgetary purposes specific, stating otherwise report the Ministry of Finance and Public Administration. In any case, the Public State Employment Service and the relevant body of the autonomous community agree on the reallocation of such funds, reallocation that in no case will result in the modification of the budget of the agency.

3. Prior to the distribution of funds within the Sector Labor Affairs Employment Conference and agreed to allocate to enable the functions of labor intermediation, without territorial barriers under the terms of Article 12, the Public State Employment Service character shall verify compliance by the public employment services of the provisions of Article 13.b) .2.º

If the Public State Employment Service detected the breach of this obligation by any autonomous community, will not proceed to the payment of the amounts due as this situation is not remedied. For this purpose, the Public State Employment Service shall communicate to the regions that are in this situation the need to address the detected non-compliance.

4. Of total employment funds nationwide a credit reserve will be established, not subject to distribution referred to in the preceding paragraphs, to be managed by the Public State Employment Service programs and services mentioned in Article 18 . h).

Article 22. Active employment policies financed by funds from the European Union.

1. On the distribution of funds to be managed by the autonomous communities to which Article 21 refers according to the procedure laid down in Law 47/2003, of November 26, General Budget, co-financed programs are identified by the funds of the European Union.


2. When active employment policies are financed by funds from the European Union, the autonomous communities that have assumed its management assume, also, the financial liability for the compliance with the requirements of applicable Community legislation.
Article 23. Organs
monitoring and control of funds employment nationwide.

1.Are bodies monitoring and control of funds employment at national level:

A) The Public State Employment Service.

B) The bodies of the autonomous communities on the management transferred.

C) The Inspectorate of Labour and Social Security.

D) The General Comptroller of the State Administration.

E) The Court of Auditors.

F) To the extent that funds are financed by the European Union, the corresponding organs of this and, at the state level, bodies designated as managing authorities and paying authorities of structural funds.

2. Control actions shall be exercised by those bodies in accordance with the regulations that apply to them.
Article 24. Fund
employment policies.

1. Public Service of State Employment Fund employment policy be established, in order to meet future financing needs in the implementation of services and programs that integrate active employment policies.

2. The Fund employment policies be financed:

A) 10% of the remaining appropriations not committed by the autonomous communities in the implementation of services and programs of active employment policies, which are integrated into the budget revenues Public State Employment Service.

B) 10% of the remaining credit not executed by the Public State Employment services and programs covered by Article 18.h).

C) The balance of the quota highest grossing vocational training for employment, which is obtained as a positive difference between the settlement of dues vocational training for employment actually charged to the budget of revenues Public State Employment Service each year and those established in the initial budget.

D) Any other income Public State Employment Service to be integrated into this fund under the terms established in the legislation to regulate it.

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

A) Up to 10% of the remaining appropriations not committed by the autonomous communities in the implementation of services and programs of active employment policies, which are integrated into the budget revenue Public Service of State Employment .

B) Up to a maximum of 10% of the remaining credit not executed by the Public State Employment services and programs covered by Article 18.h).

C) Up to a maximum of 20% of the rebates that the autonomous communities have made in connection with the execution of the work plans of the National Reference Centres.

For the purpose of performing the relevant provisions, set as a minimum condition for considering the financial situation allows it, the outturn for the year is positive. The outturn of each year is obtained, in application of the accounting and budgetary legislation in force at all times, as the difference between the rights recognized net and net obligations of each year.

4. The Public State Employment Service will open an account in the Bank of Spain for the purpose of conducting financial transactions that are legally permitted with the Fund allocations employment policies.

5. Effective and materialization Fund allocations employment policies will be agreed in each fiscal year by the Council of Ministers, a joint proposal by the holders of the Ministries of Employment and Social Security and Finance and Public Administration.

The yields of any nature that generate the Fund account employment policies and financial assets that have materialized endowments it is automatically integrated into it.

6. The disposition of the assets of the Fund employment policy be used exclusively to finance:


A) The services and programs that integrate active labor market policies, managed both by the Public State Employment Service as public employment services of the autonomous communities. The amounts from paragraph 2.c) will be used for vocational training for employment.

B) The balance of lower revenue share of vocational training for employment, considering this as the negative difference between the settlement of dues vocational training for employment actually charged to the budget of revenues Public State Employment Service each year and those established in the initial budget.

C) Expenses for the fund management.

Prior approval of the Cabinet shall be required for a joint proposal by the holders of the Ministries of Employment and Social Security and Finance and Public Administration to proceed with the disposal of the assets of the fund.

The securities in which the Fund materializes employment policies are securities issued by public corporations.

7. Statutorily determined the values ​​that constitute the portfolio of said fund liquidity degrees of it, cases of alienation of financial assets that comprise and other acts of financial management.

8. For the control and management of economic policy management Employment Fund Management Committee of that fund is created.

The Committee shall be chaired by the person holding the Directorate General of Public State Employment Service and also composed of six members: two appointed by the Ministry of Finance and Public Administration, one of which will perform the functions vice president; one appointed by the General Comptroller of the State Administration; two appointed by the Secretary of State for Employment, one of whom shall act as Secretary of the Committee, with voice but no vote; and one representing the autonomous communities, with voice but no vote, which will whoever holds, at all times, the vice presidency by the Autonomous Communities of the General Council of the National Employment System.

This Committee shall have the functions of making proposals management, assessment and selection of values ​​that constitute the Fund's portfolio, sale of financial assets that comprise and other actions that financial markets warrant, and prepare an annual report .

The Fund Management Committee employment policy may have the advice of experts in the terms established by regulation.

9. In order to properly monitor the Fund employment policies, the Executive Commission of the Public State Employment Service will be informed every six months of evolution and composition thereof.

10. Materialization, investments, reinvestments and divestitures and other transactions involving the acquisition, disposal and management of financial assets Fund employment policies for each financial year will extrabudgetary and definitively charged on the last business day of the same, the Public Service budget State Employment, according to the assets of the fund on that date, for which adjustment shall be the budget appropriations.

11. The Government will submit to Parliament an annual report on the evolution and composition of the Fund employment policies.

The Government shall forward that report to Parliament through the Budget Office who shall make it available to Deputies, Senators and parliamentary committees.

12. The General Council of the National Employment System, through its Standing Committee, will monitor the planning proposals, selection of values ​​that constitute the Fund's portfolio, sale of financial assets that comprise and other actions that markets financial advise, and its evolution.

Article 25. Regional financing of active employment policies.

The active employment policies developed in the regions for which no appropriate Public State Employment Service or, where appropriate, complementary of Public State Employment Service, will be financed, if necessary, with appropriate items that the budgets of the autonomous region established as well as participation in funds from the European Union.
TITLE II


Services of the National Employment System provided by public employment services
CHAPTER
I

Users
services

Article 26. Individuals and companies using services.

Public employment services provide services to unemployed people, busy people and businesses, regardless of their legal form. Common Services Portfolio of the National Employment System will collect the services for which must be guaranteed throughout the national territory and all public employment services.

Article 27. Common Services Portfolio of the National Employment System.

1.La Common Services Portfolio of the National Employment System, which is governed by regulation, is to ensure, throughout the state, equal access to public employment services and services provided by them and equal opportunities in access to employment, constituting a commitment of public employment services to people and companies that use them. In any case to ensure unemployed workers free access to the services provided by public employment services.

2. Common Services Portfolio of the National Employment System will collect common to be provided by public employment services to people both unemployed and employed, and business services. Each public employment service may establish its own portfolio of services, which include, in addition to the Common Services Portfolio of the National Employment System, those other complementary services that the public employment service determine the scope of its powers, based on the evolution of its labor market to the needs of individuals and companies, with the priorities established under the National Employment System and available resources.

3. Access to certain services of the National Employment System require registration as a jobseeker both unemployed people as busy.
CHAPTER II


Access of unemployed people to services
Article 28.
personalized approach of services.

1. The access of unemployed people to public employment services is effected by registration and data collection in an initial interview will entail an assessment of the services required for their employment. Accordingly, and in collaboration with the unemployed, will be determined, if applicable, the beginning of an individual and personalized itinerary employment depending on the professional profile, professional skills, needs and expectations of the person, with the situation labor market and criteria linked to the perception of benefits, membership in groups defined as priority and those to be laid under the National Employment System.

2. The articulation of individual and personalized itinerary employment is configured as a right for unemployed people and as an obligation for public employment services.
Article 29.
individual and personalized itinerary employment.

1. The individual and personalized itinerary employment cover, from an interview individualized diagnosis, the actions of the Common Services Portfolio of the National Employment System and specific services offered by the Public Employment Service to the person jobseeker, according to their needs, their requirements and aim to achieve.

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

2. For the realization of individual and personalized itinerary employment will require subscription and signing of a personal employment agreement. Through this agreement, on the one hand, the beneficiary of the itinerary is committed to actively participate in actions to improve their employability and active job search or start up a business initiative, and, moreover, the public employment service is committed to the allocation and planning of actions and measures necessary. In the case of beneficiaries of unemployment benefits and subsidies, this staff employment agreement will be part of the activity commitment laid down in Article 41.

3. Failure, for reasons not justified, staff employment agreement will lead to the penalties provided in the revised text of the Law on Infractions and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000 of 4 August. For this purpose, the failure by persons who are beneficiaries of unemployment benefits and subsidies entail a breach of commitment signed by the same activity.


4. Public employment services will be responsible for the implementation, monitoring, evaluation and possible redefinition of individual and personalized itineraries of employment and, if necessary, derive the performance of the actions to be developed by the job seekers to associates. In any case, the very actions of public employment services and which may be agreed shall be established.
Article 30. Collective
priority.

1. The government and the autonomous communities shall, in accordance with the constitutional and statutory provisions, as well as commitments in the field of the European Union and the Spanish Strategy for Employment Activation, specific programs to promote employment of people with special difficulties of integration in the labor market, especially young people, with particular attention to those with lack of training, women, long-term unemployed, people over 45, people with family responsibilities, persons with disabilities or in social exclusion, and immigrants, with respect to the legislation on immigration, or others that can be determined, under the National Employment System.

2. Given the special circumstances of these groups, public employment services ensure the design of individual and personalized employment pathways combining various measures and policies, properly organized and tailored professional profile of the people who comprise them and to their specific needs . Where necessary, public employment services will assess the need for coordination with social services to provide better care to these people.
TITLE III


Instruments employment policy
CHAPTER
I


Employment Services
Article 31. Concept of labor intermediation.

1.La intermediation is the set of actions aimed at contacting the job openings with workers seeking employment for placement. Labor mediation aims to provide workers with adequate employment to their characteristics and provide employers the most appropriate to their requirements and needs workers.

2. Also it considers intermediation activity aimed at the relocation of surplus workers that resulted in corporate restructuring, when it had been established or agreed with workers or their representatives in the relevant social plans or redeployment programs.

3. Regardless of the agent who perform, labor intermediation is treated as a service to the public.

Article 32. Agents of intermediation.

For the purposes of the National Employment System, intermediation in the labor market will be made through:

A) public employment services.

B) The agencies.

C) Those other services prescribed by regulation for workers abroad.

Article 33 agencies.

1. For the purposes of the provisions of this law shall mean placement agencies those public or private entities, with or nonprofit, that are engaged in labor mediation in accordance with the provisions of article 31 well as collaborators of the Public Service employment, either independently but coordinated with them. They may also develop activities related to job search, such as counseling and career information, and personnel selection.

Outplacement companies are placement agencies specializing in activity that Article 31.2 refers to.

The activity of employment agencies can be made throughout the Spanish territory.

2. Natural or legal, including temporary employment agencies, who wish to act as placement agencies must submit in advance a responsible statement people. This sworn statement shall be filed with the Public State Employment Service in the event that the agency intends to carry out its activity from centers established work in two or more regions or exclusively using electronic means or by the equivalent of the autonomous community in the if the agency intends to develop its activity from established centers work only in the territory of that community.


Placement agencies may start business from the day of submission of the declaration of responsibility, without prejudice to the powers of verification, control and inspection that have attributed the competent authorities.

The inaccuracy or misrepresentation in any information, statement or document, essential character that had accompanied or joined the responsible statement, determine the impossibility of continuing the activity as a placement agency, subject to criminal liability, civil or administrative may be appropriate.

3. Regulations, a common electronic system to integrate all of the information provided by the Public State Employment Service and the public employment services of the autonomous communities regarding placement agencies so that they can know at all times be regulated agencies operating in its territory.

4. In any case, without prejudice to the obligations under this Chapter and the specific specified in the regulations, placement agencies shall:

A) Provide public employment services or information determined by regulation, with the frequency and the way there is established on workers cared for and their activities, as well as job offers and professional profiles match those offers.

B) Respect the privacy and dignity of workers and comply with applicable rules on data protection and guarantee workers gratuity for service delivery.

C) Have compatible and complementary with those of public employment services electronic systems.

D) To comply with current regulations on labor and social security issues.

E) Comply with the rules on universal accessibility for people with disabilities and, in particular, ensure the correct relationship between the characteristics of the jobs offered and the required academic and professional profile, so as not to exclude from access to employment for persons with disabilities.

F) Ensure, in its scope, the principle of equal access to employment, unable to establish any discrimination, direct or indirect, on grounds of origin, including racial or ethnic origin, sex, age, civil, religion or belief, political opinion, sexual orientation, union membership, social status, language and disability within the state, where workers fringe into conditions fit to perform the work or job in question.

5. Employment agencies may be considered associates of public employment services, to the extent provided in the implementing rules of this law.

The legal instrument in this collaboration is articulated mechanisms should regulate communication by placement agencies breaches of the obligations of workers and applicants for and recipients of unemployment benefits provided for in the revised text of the General Social Security Act.

6. The temporary employment may act as employment agencies if they comply with the provisions in respect of such agencies in this law and its implementing provisions, including the obligation to ensure that workers gratuity for service delivery.

Article 34. Basic principles of labor intermediation.

1.La intermediation by the public employment services and employment agencies and brokerage stocks that can perform other partners of those, will be provided according to the constitutional principles of equal opportunities access to employment and non-discrimination, ensuring full transparency in the operation thereof.

Public employment services, agencies and entities mentioned in the preceding paragraph shall submit their performance in the data processing workers to the applicable regulations concerning data protection.

2. In order to ensure compliance with these principles, public employment services ensure that the specific process of selection and matching between labor supply and labor demand may be, in general, the public employment service and job placement agencies .

In the case of groups with special difficulties in finding employment, public employment services may have specialized associates to perform the process in the preceding paragraph refers to.


3. Public employment services assume the public dimension of labor intermediation, although they may establish with other entities and agencies, conventions, agreements or other coordination instruments aimed at promoting the placement of jobseekers.

4. Labor intermediation by the public employment services, by themselves or through entities or placement agencies when conducting activities in the field of cooperation with those, as provided in this chapter, will be made free of charge to workers and employers.

Intermediation by placement agencies regardless of the public employment services must guarantee workers gratuity for service delivery, not being able to request them with any consideration for them.

5. For the purposes of intermediary role performed by public employment services and, where appropriate, the associates of the same and the implementation of programs and measures of active employment policies, will only consideration of jobseekers those who register as such in these public employment services.

Article 35. Discrimination in access to employment.

1. The public employment services, their associates and placement agencies in managing labor intermediation should specifically ensure to avoid both direct and indirect discrimination in access to employment.

Managers job placement when in placement offers, apreciasen discriminatory, they shall inform those who had made the offer.

2. In particular, they are considered discrimination bids relating to one sex, unless it is a genuine and determining occupational requirement for the activity to develop.

In any case be considered discriminatory supply referred to one of the sexes based on job requirements related to physical effort.
CHAPTER II


The active employment policies

Article 36. Concept of active employment policies.

1.Se means active employment policies the set of services and counseling programs, employment and vocational training for employment opportunities aimed at improving access to employment, self-employed or work environment, the unemployed, to maintain employment and professional advancement of the employed and the promotion of entrepreneurship and the social economy.

The policies defined in the preceding paragraph shall be developed throughout the state, taking into account the Spanish Strategy Activation for Employment, established common state contained in the applicable regulations, the needs of jobseekers and requirements of the respective labor markets, in coordination between agents vocational training for employment in the workplace and labor intermediation that perform such actions in order to facilitate the placement of jobseekers.

2. These policies complement and will relate, if necessary, with unemployment protection regulated in the revised text of the General Law on Social Security. The protective action unemployment that Article 206 of the aforementioned law refers to includes contributory unemployment benefits and welfare level and actions that integrate active employment policies.

3. Economic resources for active employment policies will be managed by public employment services, can develop services and programs they deem necessary, taking into account the issues referred to in paragraph 1 of this Article, and to be included in the Plans annual Employment Policy and will be integrated into the axes set out in Article 10.4.

These services and programs may be managed by public subsidies, government procurement, signing of agreements, direct management or any other legal way to set right.

Article 37. General principles of active employment policies.

1.In the design and implementation of active employment policies the following general principles must be present:

A) The individualized and specialized people unemployed treatment to improve their employability, as well as employed persons to contribute to the quality and maintenance of employment.

B) The answer to the needs of enterprises in human capital, employment and training.


C) Promoting self-employment and entrepreneurship, particularly in the context of sustainable economy and new sources of employment, including care and support to entrepreneurs in the implementation of its entrepreneurship.

D) Equal opportunities and non-discrimination in access to employment under the terms provided in Article 2a). In particular, it will consider actively the objective of equal treatment between women and men in practice to ensure full equality gender.

E) The adaptation to the characteristics of the territory, taking into account the reality of the labor market and sectoral and local peculiarities.

2. These principles inform, in turn, all actions of the collaborating institutions of public employment services.

Article 38. Development of active employment policies.

Services and programs of active employment policies will cover the axes set out in Article 10.4 and be designed and developed by the autonomous communities and the State Public Employment Service in the scope of their powers taking into account the contents common state established in the applicable regulations. For this purpose, programs and services and regulations common content shall apply throughout the territory of the State shall be regulated. This regulatory development will include a legal framework for state measures aimed active employment policies to promote an integrated labor market inclusion of people with disabilities, which will set the minimum contents shall apply throughout the state so.

Article 39. Continuous assessment of active employment policies.

Annually, the Government will present a report on spending, including the need for system management, and the results of active employment policies in the whole state with the aim of providing greater transparency to employment policies and training, while helping to ensure the effectiveness and efficiency of expenditure in line with the objectives set.

In it, a section devoted to the evaluation of improved procedures initiative scheduled by enterprises will be included in terms of reducing the bureaucratic burdens, rigidities in the system and the incorporation of small and medium businesses.

Article 40. System of vocational training for employment in the workplace.

1. The system of vocational training for employment in the workplace consists of the set of initiatives, programs and instruments that aim to promote and extend among enterprises and employed and unemployed workers training that contributes to personal and professional development workers and their promotion at work that meets the needs of the labor market and is aimed at improving the employability of workers and business competitiveness, according to the purposes and principles established in the Organic Law 5/2002 on Qualifications and professional and the rules governing the system of vocational training for employment in the workplace training.

2. Without prejudice to the enforcement powers of the autonomous communities, the Central Government in exercising full legislative competence, exercise in the strategic coordination system design. Meanwhile, the most representative business and union organizations will participate in the governance bodies of the system and particularly in the design, planning, programming, control, monitoring, evaluation and dissemination of vocational training for employment , especially directed to workers employed under the terms provided for in the regulations governing the system of vocational training for employment in the workplace. This participation will take place directly or through joint sectoral structures.

3. As part of the strategic planning of the whole system, the Ministry of Employment and Social Security, with the participation of the autonomous communities, the most representative employers and trade unions and representative organizations of autonomous and Social Economy, draw a multiyear scenario of vocational training for employment and develop an efficient system of observation and exploration of the labor market to detect and anticipate changes in the demands of qualification and skills of the productive fabric.


4. The system of vocational training for employment in the workplace have an adequate, stable and equitable financing, including the share from vocational training, in order to give stability to the system itself. This funding shall be managed in a competitive basis open to all training providers, accredited and / or registered in accordance with current regulations, for the delivery of all the training programming of the different public administrations.

The competent authorities, in consultation with the most representative employers and labor organizations, may decide the progressive introduction of a check training for unemployed workers and identified the sectors in which it will apply. To this end, the regulations the requirements and conditions for your enjoyment will be determined. Also, within the Sectoral Conference on Employment Labor Affairs and its implementation and the mechanisms for evaluation will be discussed.

5. Initiatives and vocational training for employment will be directed to the acquisition, improvement and continuous updating of skills and qualifications, promoting training throughout the life of the workforce, and conjugating the needs of people , companies, territories and productive sectors.

6. The competent public Administrations shall promote the maintenance of a network of training institutions, public and private, with their own centers, ensure a permanent supply of training for quality jobs.

They will monitor and effective control of the training, which will include all the initiatives and modalities of delivery and will extend beyond mere formalities and verification requirements, incorporating the results of training and contributing to quality assurance. To do so, they reinforce their instruments and control means and its sanctioning capacity through a Special Unit of the Inspectorate of Labour and Social Security.

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

8. The system of vocational training for employment will have an integrated information system to ensure traceability of the training and comparability, consistency and continuous updating of all information on vocational training for employment, which will be reflected in a portal all that interconnects the regional employment services with the state and have their formats are homogeneous.

9. The competent public administrations will enhance their cooperation and coordination to improve the quality, effectiveness and efficiency of the system of vocational training for employment. They will drive ongoing assessment processes and in all phases of the training process as a guarantee of quality of training, so that reveal its impact on access and maintain employment.
CHAPTER III


Active coordination between economic policies and unemployment protection

Article 41. Registration as job seekers and commitment underwriting activity of benefit recipients and unemployment benefits.

1. The applicants and recipients of benefits and unemployment benefits, as set out in the revised text of the General Law on Social Security, must register and maintain registration as a jobseeker in the public employment service, this will involve the subscription commitment before the same activity and must meet the requirements of that commitment, to be set out in the document renewal demand.

However, once registered and subject to continue to maintain such registration, applicants and recipients of benefits and unemployment benefits who wish may require the services of placement agencies.

2. Registration as a jobseeker will be held in complete readiness to accept an offer of suitable placement and to meet other requirements arising from the commitment of activity, which means subscribed from the date of the application for benefits and unemployment benefits.


3. The competent public administrations in labor intermediation and management of active employment policies, ensure its application to benefit recipients and unemployment benefits, as part of the actions that may be established in accordance with the provisions of Article 21.2. For this purpose, it should be addressed through such actions, at least proportional to the volume of beneficiary participation that they have in the total unemployed in their territory.

4. Recipients of benefits and subsidies registered unemployment in the public employment services, once they have signed the commitment of activity, should participate in active employment policies to be determined on the itinerary of insertion, without prejudice to the provisions of the text consolidated General Law on Social Security. Public services appropriate employment verify compliance with the obligations arising from the signing of the commitment of activity of benefit recipients and unemployment benefits, communicating the sanction imposed, where appropriate, at the time it is imposed, the Public Service State Employment or Social Marine Institute, as appropriate, for execution.

Competent Public employment services also verify compliance with the obligation of the beneficiaries to remain registered as job seekers, and must report any breach of this obligation to the Public State Employment Service or, where appropriate, the Institute social de la Marina, at the time they occur or known. Such communication may be made by electronic means and be sufficient document for the Public State Employment Service or, where appropriate, the Social Marine Institute, initiate appropriate disciplinary proceedings.

Article 42. Cooperation and collaboration between public employment services that manage active policies and the Public State Employment Service on economic protection against unemployment.
1.The
administrations and public bodies that have attributed the competence of the management of employment and the Public State Employment Service should cooperate and collaborate in the exercise of its powers to ensure coordination of the various actions of intermediation and employment and application, recognition and perception of unemployment benefits, through resolutions adopted in the Sectoral Conference on Employment and Labour Affairs and collaboration agreements are reached, pursuant to the provisions of articles 5 and 6 of Law 30/1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure.

In these collaboration agreements may be established conditions of use of the sums not executed in financing costs of the various unemployment benefits to finance programs to promote employment and vocational training for employment, provided that the decreased initially planned expenditures is due to the effective implementation by the competent public authorities of the functions set out in paragraphs 3 and 4 of the preceding article.

2. In this context the connection management processes and systems related information, collaboration in the implementation of activities, communication of the information necessary for the exercise of their respective powers, integrated service delivery is set to job applicants applicants and recipients of unemployment benefits, and implementation of mediation, employment measures and plans to improve employability and check availability of the collective.

First additional provision. Identification of the Public State Employment Service.

The National Employment Institute renamed Public Service of State Employment, retaining the legal, economic, financial, patrimonial and personnel regime and the same legal personality and nature of an autonomous body of the General Administration of the State, the peculiarities under this law.

Consistent with the above, all references in the legislation are made at the National Employment Institute or its functions and units to be understood made to the Public State Employment Service.

Second additional provision. Collaborative information with the public employment services.


All agencies and entities of public and private are obliged to provide the Public State Employment Service and the public employment services of the autonomous communities are few data were requested regarding the fulfillment of the aims appropriate to them respecting the provisions of Law 15/1999, of December 13, Protection of Personal data.

Third additional provision. Integrated employment plan Canary Islands.

Considering the economic, social and employment situation of the Canary Islands, given its status as outermost region derived from their insularity and remoteness recognized by Article 138.1 of the Spanish Constitution and Article 349 of the Treaty on the Functioning of the European Union and, taking into account the structural funds of 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 may participate in the financing a comprehensive employment plan that will be funded differentially in the statement of expenditure of the Public state employment Service for direct management by this independent community, not integrated into the credit reserve that Article 18 refers to. h) and which shall be independent of the allocation of funds employment at national, regulated in Article 21 that apply.

Fourth additional provision. Participation of the autonomous communities in encouraging permanent employment.

As part of the agreements signed between the government and the autonomous regions corresponding transfer agreements for participation may be adopted in the management of social security contributions subsidies for permanent contracts, for workers of work centers located in their autonomous region as well as on workers and self-employed workers based in it.

Fifth additional provision. Linking active employment policies and unemployment benefits.

By the time that employment begins to recover, the Government will take the necessary steps to reform the rules governing unemployment benefits in order to increase the linking of these with the active employment policy measures.

Sixth additional provision. public employment services.

The Government will continue to strengthen public services of state and regional employment by improving their organizational human, technological resources and network of offices. It will also increase the level of coordination and efficiency among public services and regional employment state to promote changes in access and improving employment and to manage unemployment benefits.

Seventh additional provision. Consideration of victims of terrorism for the purposes of active employment policies.

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

Eighth additional provision. Identification of the Sectoral Conference on Employment and Labour Affairs.

All references in the legislation are made to the Sectoral Conference on Labour Affairs or its functions to be understood made to the Sectorial Conference of Labour Affairs and Employment.

First transitional provision. Entities involved in the management of employment.

Entities the entry into force of this Act collaborate with public employment services will maintain that status in accordance with the legislation under which the partnership was established, while not a new regime of regulations develop collaboration with public employment services.

This regulation will establish the minimum requirements for entities to assist in the management, subject to development in each region made of the same.

Second transitional provision. Management of active employment policies and labor intermediation by the Public State Employment Service.

The Public State Employment Service will manage policies for intermediation and placement in the labor market and active employment policies to promote employment at the state level and vocational training for employment in the workplace in territorial scope of Ceuta and Melilla, while management has not been transferred to these autonomous cities.

Third transitory provision. active employment policies targeted at women.

Meanwhile subsisting
current rates of employment and unemployment in respect of the female labor force, the authorities should organize the management of active employment policies so that the female group to benefit from the application of such policies equivalent to their weight in the collective proportion of the unemployed.

Fourth transitional provision. Provisions applicable to employment agencies with authorization in force on July 5, 2014.
1.The
agencies that have current authorization to July 5, 2014 may develop their activity throughout the national territory without filing declaration of responsibility.

2. In the circumstances described in the preceding paragraph refers, it shall be competent labor authority, for all purposes set forth in this law, which granted the authorization.

First final provision. competence titles.

This law is issued under the provisions of paragraphs 1st, 7th and 17th Article 149.1 of the Constitution conferring the State, respectively, "the regulation of the basic conditions guaranteeing equality of all Spaniards in the exercise of rights and in fulfilling their constitutional duties, "the labor legislation; without prejudice to its execution by bodies of the Autonomous Communities "and" the economic system of social security, without prejudice to the execution of its services by the Autonomous Communities'. paragraph h) of Article 18, which is issued under Article 149.1.13 of the Constitution on "bases and coordination of general planning of economic activity" exception to the above.

Second final provision. Authorisation for regulatory development.

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

Final disposition third. Cooperation agreements between the Public State Employment Service and the public employment services of the autonomous communities to finance shared, corresponding to the state management of unemployment benefits that do not involve the expansion of the actual cost transferred to the autonomous communities expenses.

In accordance with the principles espoused in this law on cooperation and collaboration between public employment services of the autonomous communities and the Public Service of Employment, the Public State Employment Service fund, from its budget, expenditures shares that may eventually occur in the network of employment offices in ownership transferred to the autonomous communities, attributable to the provision of personnel services manager unemployment benefits.

The financing of these costs, which have occasional basis and not involve the expansion of the actual cost of the means transferred to the regions of the competence of the management by the National Employment Institute in the field of labor, employment and training, articulated through cooperation agreements, in which the economic contribution of the Public Service related to shared expenses State Employment be determined, derived from the management of unemployment benefits in the territory of the autonomous communities.