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...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10482

He article 9 of the Real Decree-Law 16 / 2014, of 19 of December, by which is regulates the program of activation for the employment, sets that the financing of the design, allocation and tracking of the route individual and custom of employment, as well as them actions of inclusion included in this program, is held with charge to them budgets of them respective communities autonomous.

Also, adds that without prejudice of them resources own additional that each community autonomous decides to allocate to its execution, these used them amounts from of the budget of expenses of the service public of employment state that les are assigned as consequence of them criteria approved in the respective Conference sectoral of employment and Affairs labour of 2015, in them terms willing in them standards or conventions that set , inter alia the conditions of management of these funds pursuant to article 86 of law 47/2003, of 26 November, General budget.

Article 86 of law 47/2003, of 26 November, establishes the corresponding sectoral Conference agree criteria distribution of appropriations intended for the fulfilment of plans and joint programmes relating to powers of autonomous regions as its distribution, provided that these appropriations have not been subject to direct transfer into the law of the State budget for each fiscal year , and adds that the distribution of credit resulting from the sectoral Conference shall be subject strictly to the requirements of the principles of budgetary stability and financial sustainability, so prior to the formalization of the corresponding financial commitment by the General management of the State, may establish in cases in which it is justified , reserves General of credits not distributed in the source to cover needs or demands unforeseen throughout the execution of the budget.

Subsequently, by agreement of the Council of Ministers, be adopted, where appropriate, the final distribution among the autonomous communities, and will be up to the competent bodies of the General Administration of the State or bodies of her dependent subscription or approval of legal instruments, conventions or resolutions, through which financial commitments are formalized.

The sectoral Conference on employment and labour affairs, at the meeting held on April 13, 2015, agreed the criteria of territorial distribution between the autonomous communities of the grants for the year 2015 to finance the implementation of the employment programme of activation competences laid down in article 9(2) of the Royal Decree-Law 16/2014 , of 19 of December.

At the same time, the Council of Ministers, at its meeting of July 24, 2015, prior favourable report from the Ministry of finance and public administration, decided the adoption of criteria for the territorial distribution of the workplace grants financed from the general budget of the State referred to in the preceding paragraph.

Therefore, it should be the distribution of the amounts allocated to each region for the implementation of the actions described above. (To such funds, that have the character of funds of employment of field national to them effects of it willing in the article 14 of the law 56 / 2003, of 16 of December, of employment, is them applied it willing in the law 38 / 2003, of 17 of November, General of grants by available express of its article 3.4 to).

In their virtue have: article 1. Object.

1. give advertising to them criteria objectives of it distribution territorial for the exercise economic 2015, among them different communities autonomous with powers of management assumed, of them grants for the execution of them competencies established in the article 9.2 of the Real Decree-Law 16 / 2014, of 19 of December, by which is regulates the program of activation for the employment in the terms in annex I to this order, which appear also, collected the amounts corresponding to each of the autonomous communities.

2. also, is establish them conditions of management of them grants that is granted by the present order in application of it willing in the article 86 of the Law 47 / 2003, of 26 of November, General budget.

Article 2. Justification.

1 completed the fiscal year 2015 and no later than March 31, 2016, the autonomous communities shall send to public service employment, information relating to the totality of commitments credits, the recognised obligations and payments made, concerning subsidies managed, financed from the budgets of the Agency in 2015.

Them documents supporting is adjusted to them models that appear in the annex II and will be signed by the holder of the Centre Manager of the grant or grants to which, in his case, will give its conformity the administrator or the responsible financial. If conformity is given by the economic and financial responsible for absence management center of the supervisory organ which exercises interventora function, in the annexes of this order, that has to insert such conformity, shall contain the regulations available to the autonomous community that so determined, with express reference to the official journal of publication. These supporting documents must accompany computer storage media and other documentation to be determined in the relevant resolutions.

The execution of grants managed by the autonomous communities, as commitments credits, recognized obligations and payments made, in accordance with their budgetary legislation, will fall within the exercise for which territorially these grants have been distributed.

2. them communities autonomous will provide through the system of information of them services public of employment, the information necessary for the service public of employment State carry to out the follow-up both of them activities in that is concrete the program of activation for the employment in each community autonomous, as of the number of beneficiaries of said program.

3. the remnants of uncommitted funds resulting at the end of each financial year, which are held by the autonomous communities, continue to keeping specific destiny for which were transferred and will be used in the next exercise as Treasury at the source location. These remnants will be deducted from the amount that corresponds to transfer to each autonomous community, as required by rule sixth item 86.2 of the Law 47/2003, of 26 November, for the implementation of actions and measures of active employment policies.

4. the autonomous communities completed annex II.2 of this order, for the purpose of considering properly justified granted subsidies, since the provision for the public service of employment of the active policies of employment and its impact management information is required in the labour market at the State level.

The public State employment service will not proceed in the year 2016 to the Beltway to the autonomous communities of managed grants which is territorialicen for this exercise, while not have been referred, duly completed, to the Agency the annexes referred to in the preceding paragraph.

5. in accordance with the provisions in the Real Decree 751/2014, of September 5, which approves the Spanish strategy of activation for the 2014-2016 employment, the funds allocated by 2015 must be paid to persons or entities that perform the action or collaborate in the provision of the service, or otherwise carry out the respective program before March 31, 2018. The breach of this requirement will mean the obligation of return the amount pending of payment by the procedure that is develop regulations, unless is justifies the impossibility of proceed to the payment in the term planned.

Article 3. Identification of the source of funding.

1. in contracts and other documentation required for the activities that are concrete activation program funded employment with funds distributed in this order, as well as the outdoor signage existing in the places in which these activities are carried out and, in any case, the actions of each autonomous community broadcasting may develop in relation to the same , it shall indicate expressly, in visible place, which have been financed by the funds received from the public State employment service, incorporating next to the identifying elements of the respective autonomous community, the elements set out in annex III.

2. the failure to comply with these obligations will result in the commencement of the proceedings regulated in article 31.3 of the regulation of the law 38/2003, 17 November, General grant, approved by Royal Decree 887/2006, of 21 July and, where appropriate, of the procedure of return regulated in articles 41 et seq. of the above-mentioned law 38/2003 , of 17 of November.

Article 4. Eligible expenditure.

1. with funds distributed in this order you may finance expenditure to ensure that all beneficiary of the employment programme of activation has a tutor who will develop the individual and personalized itinerary of employment, will track the route, will control the obligations undertaken by the beneficiary in the commitment to activity and propose the activation measures designed to facilitate the labor insertion of the worker in the terms provided for in article 6 of the Royal Decree-Law 16 / 2014, of 19 of December.

2. the assignment of a tutor to each beneficiary of the employment programme of activation you can perform through the granting of public subsidies, administrative contracting and underwriting agreements, direct management, or any other legal form-fitting right.

3 a the purpose of this order, shall be deemed direct management exclusively increasing the human resources of the public service of employment of each autonomous community, which may only include personnel actions under axis 1 of orientation, according to the definition contained in article 4 bis.4.a) of Act No. 56/2003 , from 16 in December. In any case the increase of media human may assume an increase of template with character indefinite nor with vocation of permanence.

4. in all case, them services public of employment u organ with skills in the execution of the program of activation for the employment of them community autonomous may use agencies of placement to ensure the assignment of a tutor to each beneficiary of the mentioned program, in accordance with it planned in the Real Decree 1796 / 2010, of 30 of December by which is regulate them agencies of placement.

Article 5. Redistribution and transfer of funds allocated.

1. the autonomous communities may redistribute according to your management needs the quantities initially assigned between the two budgetary applications listed in annex I. In all case, them communities autonomous not may redistribute them funds assigned by the present order to allocate them to the realization of activities different of it attention custom and tracking of them beneficiaries of the program of activation for the employment planned in this order.

2. However, subsidiary form allows that media financed with the funds allocated by this standard are used to the attention of unemployed people, who are not beneficiaries of the program of activation for the employment, provided that this does not affect the care of these. In this case, it will be necessary that public service employment or body responsible for the implementation of the programme of activation for use in the respective Autonomous Community issued a report which justifies the reasons that allow such use subsidiary, and in that record in any case reference to the program or service that have used the funds , unless it involves redistribution or transfer to subconceptos other than those included in annex I.1 of this order. This report is presented together with the documentation supporting intended in the article 2.1.

Article 6. Effective equality between men and women.

In accordance with it established in the law organic 3 / 2007, of 22 of March, for the equality effective of women and men, them performances that is develop in execution of the program of activation for the employment funded with funds of the present order will have as one of their objectives priority increase the participation of them women in the market of work and advance in the equality effective between women and men. To do so, will improve employability and permanence in the employment of women, enhancing their educational level and their adaptability to the requirements of the labour market.

Sole additional provision. Declaration of withdrawals made effective in the Treasury of the autonomous communities resulting from subsidies regulated by this order management.

1. of the amount of credit commitments are minorarán the credits obtained by the autonomous community corresponding to the funds distributed in the present order, by filling in the form indicated in annex II.1.

For the purposes of this order are included in the concept of credits both the quantities that they are the result of a procedure for reinstatement in the strict sense in implementation of the respective regulations, as the return of excess previously paid by the Administration, once completed the respective administrative proceedings, as well as those previously committed amounts arriving by any legally established cause does not generate a payment obligation.

2. to them effects of consider when a community autonomous has retrieved a returned is will have in has the date of income effective of the same in the Treasury of the community autonomous from the person, entity or company forced to perform this manure.

Available end only. Entry in force.

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

Madrid, 17 September 2015.-Minister of employment and Social Security, Fátima Báñez García.

ANNEX I credits of grants managed by the autonomous communities with bylaws assumed competences in the field of active employment policies financed by the budget of the public service of State employment for the execution of activation programme job competences laid down in article 9(2) of the Royal Decree-Law 16/2014, 19 December the sectoral Conference on employment and labour affairs at the meeting held on 13 April 2015, approved, in accordance with the provisions of articles 9 of the Royal Decree-Law 16/2014, of 19 December, by regulating the activation program for use in the article 14 of law 56/2003 of 16 December, employment and article 86 of law 47/2003 , of 26 November, General budget, the criteria for distribution of funds from employment of national of the General State budget for the financial year equipped with 2015 in the budget of the public State employment service, for execution, pursuant to the mentioned Royal Decree-Law 16/2014, December 19, corresponding to regions with bylaws assumed competences in the field of active employment policies.

The amount to be distributed pursuant to the criteria which are set out below is 128.888.519 euros collected in 19.101 applications. 241aassss. 454.00 and 19.101. 241aassss. 454.10 the budget of the public State employment service for the year 2015 according to the following breakdown: budgetary application amount 19.101. 241aassss. 454.00 (vocational guidance - AXIS 1) 108.888.519,00 19.101. 241aassss. 454.10 (employment agencies - AXIS 1) 20.000.000,00 Total 128.888.519,00 objective criteria of distribution of the above mentioned amount approved to finance the activities of design, allocation and monitoring of the individual and personalized employment route, as well as the actions of inclusion that the autonomous communities in the implementation of the programme of activation for employment must be developed in the year 2015 are as follows:-the 40 per cent, i.e. 51.555.407,60 euros, depending on the number of potential beneficiaries of the activation program for employment which is estimated each autonomous community to address on the basis to the information that was taken into account to develop the memory of analysis of impact regulations of Royal Decree-Law 16/2014, from December 19.

-60 per cent, i.e. 77.333.111,40 euros, depending on the inclusion of beneficiaries of the provision of the activation program for employment in the period from February 15 to July 31, 2015. This shall be taken into account two factors: to) a 75 per cent, i.e. 57.999.833,55 euros, will be allocated according to the percentage of beneficiaries of the economic aid of accompaniment of the activation program to the use that each autonomous community manages to insert, with respect to the total number of beneficiaries of this programme inserted in all the autonomous communities.

(b) 25 per cent, i.e. 19.333.277,85 euros will be allocated according to the deviation with respect to the average of the percentage of beneficiaries of the employment programme of activation that has been inserted in each autonomous community.

The distribution by autonomous communities territorializada broken down by application of the budget of expenditure of the public State employment service for the year 2015 of the aforementioned 51.555.407,60 euros, throws the individual allocation indicated.

Activation program to the employment application budget totals - 19.101.241 euro A.454.00 vocational guidance (AXIS 1) 19.101.241 A.454.10 (AXIS 1) employment agencies 14.593.986,88 2.264.986,77 12.329.000,11 Andalusia Aragon 904.687,80 166.202,11 1.070.889,91 167.357,53 910.977,07 Asturias

1.078.334,60 Balearic Islands 462.486,81 84.964,44 547.451,25 Canary 3.796.758,20 697.510,50 4.494.268,70 578.296,35 89.751,59 488.544,76 Cantabria Castilla - La Mancha 2.908.046,61 534.243,41 3.442.290,02 Castilla y León 2.046.182,59 375.908,54 2.422.091,13 5.250.276,57 814.842,92 4.435.433,65 Catalonia Comunidad Valenciana 5.563.982,88 1.022.171,10 6.586.153,98 328.092,11 1.785.903,43 Extremadura

2.113.995,54 Galicia 2.348.946,32 431.529,91 2.780.476,23 3.965.662,86 615.470,88 3.350.191,98 Madrid 1.967.971,67 305.429,20 1.662.542,47 Murcia Navarra 352.460,67 64.751,30 417.211,97 the Rioja 207.862,99 38.186,95 246.049,94 Total 43.554.008,34 8.001.399,26 51.555.407,60 distribution territorializada by autonomous communities of the 77.333.111,40 remaining euros will occur in the month of September, once known the results of inclusion of beneficiaries of the employment programme of activation have been apro Saturday as a criterion for allocation of funds.

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