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Order Ess/1978/2015, September 17, Which Are Territorially Distributed For Fiscal Year 2015, For Their Management By The Autonomous Communities With Assumed Powers, The Workplace Grants Funded Carg...

Original Language Title: Orden ESS/1978/2015, de 17 de septiembre, por la que se distribuyen territorialmente para el ejercicio económico de 2015, para su gestión por las comunidades autónomas con competencias asumidas, subvenciones del ámbito laboral financiadas con carg...

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Article 9 of Royal Decree-Law 16/2014 of 19 December, which regulates the Employment Activation Programme, provides that the financing of the design, allocation and monitoring of the individual and personalised itinerary of employment, as well as the insertion actions included in this programme, will be carried out under the budgets of the respective Autonomous Communities.

It also adds that without prejudice to the additional own resources that each autonomous community decides to allocate to its execution, they shall use the amounts from the expenditure budget of the Public Employment Service State that they are assigned to them as a result of the criteria approved in the respective Sectoral Conference of Employment and Labor Affairs of 2015, in the terms laid out in the rules or conventions that they set, among other issues conditions for the management of these funds in accordance with Article 86 of Law 47/2003, 26 November, General Budget.

Article 86 of Law 47/2003 of 26 November states that the corresponding Sectoral Conference shall agree on the criteria for the distribution of appropriations for the implementation of joint plans and programmes the powers of the autonomous communities as their distribution, provided that these appropriations have not been directly transferred into the General Budget Law of the State of each financial year, and adds that the distribution of credit resulting from the The Sectoral Conference will have to be strictly subject to compliance with the requirements of the principles of budgetary stability and financial sustainability, and therefore, prior to the formalisation of the corresponding financial commitments by the General Administration of the State, may be to establish in cases where this is justified, general reserves of appropriations not distributed at source in order to cover unforeseen needs or demands throughout the implementation of the budget.

Subsequently, by agreement of the Council of Ministers, the definitive distribution among the autonomous communities will be approved, and will be the responsibility of the competent organs of the General Administration of the State or (a) bodies of which are dependent on the subscription or approval of legal instruments, conventions or resolutions, through which financial commitments are formalised.

The Sectoral Employment and Labour Affairs Conference, at its meeting on 13 April 2015, agreed on the criteria for territorial distribution between the autonomous communities of the grants under the financial year 2015 to finance the implementation of the competences of the Employment Activation Programme set out in Article 9.2 of Royal Decree-Law 16/2014 of 19 December 2014.

In turn, the Council of Ministers, at its meeting on 24 July 2015, after a favourable report by the Ministry of Finance and Public Administrations, decided to approve the criteria for the territorial distribution of the grants from the scope of work financed from the General Budget of the State referred to in the preceding paragraph.

Therefore, the distribution of the amounts allocated to each autonomous community for the execution of the actions described above should be carried out. To those funds, which have the character of national employment funds for the purposes of Article 14 of Law 56/2003, of 16 December, of Employment, the provisions of Law 38/2003 of 17 November, General de Grants by express provision of Article 3.4 (a).

In your virtue I have:

Article 1. Object.

1. To give publicity to the objective criteria of the territorial distribution for the economic year 2015, among the different autonomous communities with assumed management powers, of the grants for the execution of the competences set out in Article 9.2 of Royal Decree-Law 16/2014 of 19 December 2014 governing the Programme for the Activation of Employment, in the terms set out in Annex I of this order, in which the amounts also appear for each of the Autonomous Communities.

2. In addition, the conditions for the management of the grants awarded by this order are laid down in application of the provisions of Article 86 of Law 47/2003 of 26 November 2003, General Budget.

Article 2. Justification.

1. After the end of the financial year 2015, and no later than 31 March 2016, the autonomous communities shall forward to the State Employment Public Service, the information relating to all the commitments of appropriations, the obligations recognised and the payments made, relating to the managed grants, financed from the budgets of that body in 2015.

The supporting documents shall be in accordance with the models set out in Annex II and shall be signed by the holder of the grant or grant management centre to which the financial controller or the financial controller shall, where appropriate, give his/her conformity. economic and financial responsibility. If the conformity is given by the economic and financial officer, because the management centre of the audit body carrying out the financial function is not available, in the Annexes to this order, in which that conformity is to be inserted, it shall be The provisions of the autonomous community shall be laid down in accordance with the official journal of their publication. Such supporting documents shall be accompanied by the computer media and other documentation to be determined in the relevant resolutions.

The implementation of grants managed by the autonomous communities, such as commitments on appropriations, recognised obligations and payments made, in accordance with their budgetary legislation, will be charged to the financial year for the the subsidies have been territorially distributed.

2. The Autonomous Communities will provide the Information System of the Public Employment Services, the information necessary for the State Employment Public Service to carry out the monitoring of the activities in which it is carried out. the Employment Activation Programme in each Autonomous Community, as well as the number of beneficiaries of such Programme.

3. The remaining uncommitted funds remaining at the end of each exercise, which are held by the Autonomous Communities, will continue to maintain the specific destination for which they were transferred and will be used in the following exercise as a cash-flow situation at the origin. These remnants will be discounted from the amount to be transferred to each Autonomous Community, as set out in Rule 6 of Section 86.2 of Law 47/2003 of 26 November for the implementation of actions and policy measures. job.

4. The autonomous communities shall complete Annex II.2 of this order for the purpose of properly considering the grant of the grants granted, as the provision by the State Public Employment Service of information on the management of active employment policies and their impact on the labour market at the state level.

The State Employment Public Service shall not carry out in the financial year 2016 to the autonomous communities of the managed grants which are territorialized for that financial year, as long as they have not been remitted, duly completed, to that Agency the Annexes referred to in the preceding paragraph.

5. In accordance with the provisions of Royal Decree 751/2014 of 5 September 2014 approving the Spanish Employment Strategy for 2014-2016, the funds allocated in 2015 should be paid to the persons or entities carrying out the (i) action or assistance in the provision of the service; or they carry out the respective programme before 31 March 2018. Failure to comply with this requirement will entail the obligation to return the outstanding amount of the payment for the procedure that is regulated, unless it is justified that the payment is not possible within the time limit.

Article 3. Identification of the source of funding.

1. In the contracts and other documentation necessary for the performance of the activities in which the Employment Activation Programme is implemented, financed from the funds distributed in this order, as well as in the external signage existing in the places where these activities are carried out and, in any event, in the dissemination actions which each Autonomous Community may develop in relation to them, it must be expressly stated, instead of visible, that they have been financed from the funds received from the State Employment Public Service, incorporating together the elements identification of the respective autonomous community, the elements set out in Annex III.

2. Failure to comply with these obligations will result in the initiation of the procedure laid down in Article 31.3 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July and, if applicable, of the reintegrated procedure laid down in Articles 41 et seq. of that Law 38/2003 of 17 November.

Article 4. Eligible expenditure.

1. The funds allocated in this order may be used to finance expenditure to ensure that any beneficiary of the Employment Activation Programme has a guardian who will draw up the individual and personalised itinerary of the (a) to monitor the route, monitor the obligations acquired by the beneficiary in the undertaking of the activity and propose the necessary activation measures to enable the worker to be inserted into the labour market; terms provided for in Article 6 of Royal Decree-Law 16/2014 of 19 December 2014.

2. The assignment of a guardian to each beneficiary of the Employment Activation Programme may be carried out through the award of public grants, administrative procurement, subscription of agreements, direct management or any other form. legal-adjusted legal.

3. For the purposes of this order, direct management shall be considered exclusively to increase the human resources of the public employment service of the individual community, which may include only specialised staff in actions included in the Axis 1 guidance, in accordance with the definition set out in Article 4 (a) (a) (a) of Law 56/2003, of 16 December 2003. In no case shall the increase in human resources be likely to increase the workforce indefinitely or with a vocation to remain.

4. In any event, public employment services or bodies with powers in the implementation of the Employment Activation Programme of the Autonomous Community may use placement agencies to ensure the assignment of a guardian to each other. the beneficiary of the said Programme, in accordance with the provisions of Royal Decree 1796/2010 of 30 December 2010 governing the placement agencies.

Article 5. Reallocation and transfer of allocated funds.

1. The autonomous communities may redistribute according to their management needs the quantities initially allocated between the two budgetary applications listed in Annex I. In any case, the autonomous communities may not redistribute the funds allocated by this order for the purpose of carrying out activities other than the personalised care and monitoring of the beneficiaries of the Employment Activation Programme provided for in this order.

2. However, in a subsidiary way, it is possible that the means financed by the funds allocated by this standard will be used for the care of unemployed persons, who are not beneficiaries of the Employment Activation Programme, provided that this does not affect the attention of these. In this case, it will be necessary for the public employment service or body with powers in the implementation of the Employment Activation Programme in the respective autonomous community to issue a report justifying the reasons for such a subsidiary use, and in which case the programme or service in which the funds have been used is referred to in any case, without it being possible to redistribute or transfer to sub-concepts other than those listed in Annex I. 1 of the present order. This report shall be submitted together with the supporting documentation provided for in Article 2.1.

Article 6. Effective equality between men and women.

In accordance with the provisions of the Organic Law 3/2007 of 22 March for the effective equality of women and men, actions to be carried out in the implementation of the Fund for Employment-funded Employment This order will have as one of its priority objectives to increase the participation of women in the labour market and to advance effective equality between women and men. To this end, employability and permanence in the employment of women will be improved, enhancing their level of training and their adaptability to the requirements of the labour market.

Single additional disposition. Declaration of reintegrating facts effective in the treasury of the autonomous communities resulting from the management of the grants regulated in this order.

1. The amount of commitments made by the autonomous community for the funds allocated in this order shall be reduced by the amount of appropriations entered in the form set out in Annex II.1

The effects of this order will be included in the concept of reintegrating both the amounts that are the result of a procedure of reintegrating in strict sense in application of the respective regulations, and the return of the Once the administrative file has been completed, as well as those previously committed amounts that for any legally established cause do not generate an obligation of payment.

2. For the purposes of considering when an autonomous community has obtained a refund, account shall be taken of the effective date of entry into the treasury of the autonomous community by the person, entity or undertaking required to carry out the recovery. credit.

Single end disposition. Entry into force.

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

Madrid, September 17, 2015. -Minister of Employment and Social Security, Fatima Banez García.

ANNEX I

Appropriations for grants managed by Autonomous Communities with statutory powers assumed in the field of active employment policies financed from the budget of the State Employment Public Service for the implementation of the competences of the Employment Activation Programme set out in Article 9.2 of Royal Decree-Law 16/2014 of 19 December 2014

The Sectoral Employment and Labour Affairs Conference, at its meeting on 13 April 2015, approved, in accordance with the provisions of Articles 9 of Royal Decree 16/2014 of 19 December 2014, that it is regulates the Employment Activation Programme, Article 14 of Law 56/2003 of 16 December 2003, Employment and Article 86 of Law 47/2003 of 26 November, General Budget, the criteria for the distribution of the employment funds of the European Union for the national scope of the general budget of the State for the financial year 2015 provided in the budget of the Public Service of State Employment, for the execution which, according to the aforementioned Royal Decree-Law 16/2014, of December 19, corresponds to the autonomous communities with statutory powers assumed in the field of the active employment policies.

The amount to be distributed according to the criteria listed below is 128,888,519 euros collected in applications 19.101.241A.454.00 and 19.101.241A.454.10 the budget of the Public Employment Service State for the year 2015 according to the following breakdown:

Budgetary Application

Quantity

19.101.241A.454.00 (Professional orientation-EJE 1)

108.888.519.00

19.101.241A.454.10 (Placement Agencies-EJE 1)

20.000,000.00

128.888.519.00

The objective criteria for the distribution of the aforementioned quantity, approved to finance the activities of design, allocation and monitoring of the individual and personalized itinerary of employment, as well as the actions of The integration of the autonomous communities in the implementation of the Action Programme for Employment in the financial year 2015 is as follows:

-40 per cent, i.e. 51,555,407.60 EUR, depending on the number of potential beneficiaries of the Employment Activation Programme, which was estimated to be based on the information given to each Autonomous Community. Account for the development of the Royal Decree-Law 16/2014 "s" Report of the Impact Analysis of 19 December.

-60 per cent, that is, EUR 77,333,111.40, depending on the inclusion of the beneficiaries of the provision of the Employment Activation Programme in the period from 15 February to 31 July 2015. This will take into account two factors:

(a) 75 per cent, i.e. EUR 57,999,833,55, shall be allocated on the basis of the percentage of beneficiaries of the accompanying economic assistance from the Employment Activation Programme which each Autonomous Community manages to insert, in respect of the total number of persons receiving the said programme inserted in all the autonomous communities.

(b) 25 per cent, that is, EUR 19,333,277,85 shall be allocated on the basis of the deviation from the average, of the percentage of persons benefiting from the Employment Activation Programme which have been inserted in each community autonomic.

The territorialised distribution by autonomous communities broken down by applications of the expenditure budget of the State Employment Public Service for the year 2015 of the 51,555,407.60 euros mentioned above, yields the allocation The individual is indicated.

Activation Program

Budgetary Application

Total

-

Euros

19.101.241 A. 454.00

Professional Orientation (EJE 1)

19.101.241 A. 454.10

Agencies placement (EJE 1)

Andalusia

12.329.000.11

2.264.986.77

14.593.986, 88

Aragon

904.687.80

166.202.11

1.070.889, 91

Asturias

910.977.07

167.357.53

1.078.334.60

Illes Balears

462.486.81

84.964.44

547.451.25

Canary

3.796.758.20

697,510.50

4,494,268.70

Cantabria

488.544.76

89.751.59

578.296.35

Castille-La Mancha

2.908.046.61

534.243.41

3.442.290.02

Castilla and Leon

2.046.182.59

375.908.54

2.4222.091.13

Catalonia

4.435.433.65

814.842.92

5.250.276.57

Valencia Community

5.563.982, 88

1.0222.171.10

6.586.153.98

Extremadura

1.785.903.43

328.092.11

2.113.995.54

Galicia

2.348.946.32

431.529, 91

2.780.476.23

Madrid

3.350.191.98

615.470.88

3.965.662.86

Murcia

1.662.542.47

305.429.20

1,967,971.67

Navarra

352.460.67

64.751.30

417.211.97

Rioja

207.862.99

38.186.95

246.049.94

Total

43.554.008, 34

8.001.399.26

51.555.407.60

The territorialized distribution by autonomous communities of the remaining 77,333,111.40 euros will occur in September, once the results of the insertion of the beneficiaries of the Activation Program are known. for the Employment that have been approved as the criteria for the allocation of funds.

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