Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-9734
KING OF SPAIN
To all who see and hear.
Know: that the Parliament has approved and I hereby sanction the following law.
The reforms undertaken by the government since the beginning of the legislature have among their goals to face the changes that need our production model to place Spain on a sustainable path of growth and generate stable and quality jobs.
Vocational training for employment has an essential role in the articulation of these changes. For a sustained recovery of our economy it is necessary to enhance human capital and employability by improving their skills and professional skills. an adjustment between supply and demand for skills is also necessary, requiring anticipate the needs demanded by businesses and offer young people and the working population in general a tight formation to those needs.
The system of vocational training for employment in the workplace has allowed the improvement of employability and qualifications of many workers in our country over the past 20 years and has served to advance in linking the negotiation training collective. It has also allowed the spread and universalization of a culture of training that reaches more than four million workers a year currently more than 478,000 companies involved only in the so-called "training demand."
It has been a model of shared management between public administrations (central government and autonomous communities) and social partners, which has made progress in improving the professional skills of workers and the competitiveness of Spanish companies. However, the system has revealed certain weaknesses and inefficiencies that need to be addressed urgently to give immediate and more effective and efficient to the training needs of workers and the productive system so response.
In this regard, the conclusions of the Bureau of Social Dialogue, formed by the government, business organizations CEOE and CEPYME and CCOO and UGT unions, on the development of the latter Agreement Vocational Training for Employment 2006 show, among other weaknesses, poor coordination of the whole system; the lack of strategic planning of vocational training for employment; their limited links with the reality of the productive fabric, especially demand training aimed at SMEs; the unavailability of an integrated information system; the lack of impact assessment; and an inefficient defining the role of the agents involved in the system.
These deficiencies have weakened the training system in force to date to meet the challenges posed by the current stage of economic recovery and trends that influence the dynamics of the Spanish labor market and the productive sectors in the coming years.
The new regulatory framework focuses on addressing the different position, after the impact of the recent crisis, the various sectors and occupations in the process of economic recovery; also uneven impact of the crisis on the group of young people who require specific attention; the tendency to requirements for higher levels of qualification, especially to cover medium-skilled jobs; demand that the aging of the workforce will take the necessary qualifications to cover the replacement jobs; the coexistence of high unemployment with short supply of skilled labor in some sectors or emerging occupations with high levels of innovation; and increasing the group of long-term unemployed during the recent crisis, with the consequent need to adapt their employability to new labor market conditions.
The current economic situation provides an opportunity for change. The Skills Strategy OECD says that competencies have become the international currency of the economies in the XXI century: in a global society, increasingly based on knowledge, it is necessary to invest in training and update in accordance with the constant evolution requirements of labor markets. Best results requires analyzing the profile of skills of workers, and identify and anticipate the skills required in the market, to develop them, thereby creating better employment opportunities and economic development.
In this situation, a competitive environment with increasing demands for qualified workers and ascertained the results of the binomial employment-training, a production model of success requires a system of vocational training for quality jobs.
This implies a training system that accompanies workers access, maintenance and return to work, as well as their capacity for personal development and career advancement. A system that promotes the acquisition and updating of knowledge, to improve the prospects for stable employment and quality of workers and the competitive advantage of companies and the Spanish economy. To do this, the system must anticipate the needs of the productive fabric and form a support for innovative and competitive capacity of the company, from human resources quality.
The Law 51/1980, of October 8, Basic Employment, to regulate the Vocational Training Programme provided that the National Employment Institute established an annual program of occupational training, which free of charge, make sure the appropriate vocational training for those who would join the workforce or, being in it, pretendiesen retrain or achieve greater professional specialization, adopting permanent the National Plan for training and Integration through Royal Decree 1618/1990, of December 14 .
Royal Decree 631/1993, of 3 May, approving the National Plan of Training and Professional Integration is regulated, begins the separation of training for employed and unemployed, reordering actions occupational training and placing greater emphasis on professional reintegration of people unemployed. From that moment retraining of employed workers it is articulated through the various National Agreements on Continuous Training (signed in 1992, 1996 and 2000).
Royal Decree 1046/2003, of 1 August, approving the continuing training subsystem is regulated, launches a new management model of continuous training through a model based on bargaining autonomy It based on a regulatory framework that aims to provide the system with greater stability and security, not forgetting the role of social partners system. Meanwhile, occupational training continues to be regulated by Royal Decree 631/1993, of 3 May.
The Agreement on Vocational Training for Employment signed by the Government and the social partners on 7 February 2006 bet again for integrated training for employment model, which contribute to the advancement of training and lifelong learning in our country, keeping the pillars that have enabled its development in recent years, and trying to overcome the shortcomings of the model and enhance the elements to make further progress in achieving the objectives of training and reconcile greater competitiveness of enterprises with individual worker training.
Consequence of that agreement, and after thirteen years of existence of two different forms of vocational training in the workplace-the job training and the continuation, Royal Decree 395/2007, of 23 March, by which vocational training subsystem for employment is regulated, both subsystems integrated into a single model of professional training for employment and introduces improvements that allow you to tailor the training for the employed and unemployed to the new economic and social reality workers.
The subsystem of vocational training for employment is incorporated into the existing legal framework by Royal Decree Law 3/2011 of 18 February, on urgent measures to improve employability and reform of active employment policies that full amends Article 26 of Law 56/2003 of 16 December, Employment and establishes the general lines of the subsystem.
The Agreement proposals for tripartite negotiations to strengthen economic growth and employment, signed by the Government and the social partners on 29 July, includes a commitment to the development of specific measures in various fields, including the willingness to work to transform the system of vocational training for employment, on the basis of social dialogue.
The regulation under current law undertakes a comprehensive reform of the system ensuring the general interest and the necessary stability and coherence required by the system. In accordance with the provisions in the Agreement of July 29, 2014, this reform has four strategic objectives. Namely, the guarantee of the right to training of workers, employed and unemployed, in particular the most vulnerable; the effective contribution of training to business competitiveness; strengthening collective bargaining in the adequacy of the training to the requirements of the productive system, as well as efficiency and transparency in the management of public resources. Ultimately, it is in the production system to consolidate a culture of training and thereby encourage the creation of stable and quality employment.
The proposed reform is in tune with flexicurity policies promoted by the European Union based on the idea of employability. The new model is developed taking into account the guidelines for the employment policies of the Member States. In addition, reform is one of the repeated targets in the National Reform Plan and the recommendations of the Council on the Stability Programme 2014 of Spain, in the sense of improving the effectiveness of active policies of the labor market so that appropriate training is provided and correspondence between demand and supply of employment is guaranteed.
It also takes into account the constitutional doctrine that the model of professional training for employment has a generic incardinación in the exclusive competence of the State's "labor law" (Article 149.1.7.ª of the Spanish Constitution ), but not excluded that there may be cases in which, depending on the type of activity that is oriented, the training remains linked to different government title, with consequences for the delimitation of the scope of competence of the State. And it adds that the impact can not be denied that in this area can have the Article 149.1.13 of the Spanish Constitution, which grants the State exclusive competence on bases and coordination of general planning economic activity, as there are aspects of vocational training, linked to the promotion of employment, which could find coverage in that article, but as the title of specific and complementary.
The new framework deepens the transformation that began the Law 3/2012, of 6 July, on urgent measures to reform the labor market. This marked the explicit recognition of an individual right to training of workers, endowed with a priority to training activities related to new technologies and internationalization of the company and allowed, for the first time, direct access to training centers funds available for management training schemes for workers so far were limited to business and trade unions.
Since then, on the basis of collaboration around the Sectoral Conference on Employment and Labour Affairs, there have been decisive progress in the field of activation policies for employment with the aim of improving the capacity of services public employment accompany the unemployed workers in their return process and boost employment opportunities for promotion and improvement of workers employed throughout his career.
The above collaboration has resulted in the Spanish Activation Strategy for Employment 2014-2016, which is the multiannual framework which institutionalizes measures to carry out, both from the Public State Employment Service as from public services regional employment, to achieve common objectives and a commitment to transparency, evaluation and results orientation.
Consistently with the aforementioned Strategy and thanks to joint work between administrations, have developed important measures, including in the field of public-private collaboration in labor mediation, the gradual transformation of the vocational training system for employment or within the framework of the Strategy for Entrepreneurship and youth employment 2013-2016, the creation of the youth Guarantee System to facilitate the access of young people under 25 in the labor market.
The reactivation of the Spanish economy and employment now require further activation measures in employment, particularly, in the field of vocational training for employment in the workplace.
In order to address all the deficiencies identified in the system of vocational training for employment in the workplace and to comply with the objectives and principles agreed under the Social Dialogue, the law raises the reform of the training system vocational training for employment around the backbones described below.
Chapter I describes the purpose of the standard and established, along with the purposes of the system of vocational training for employment, this will apply throughout the national territory and respond to a coordinated, collaborative and cooperative action among the competent public authorities and other actors involved in it, respecting the framework of distribution of powers.
The inspiring principles contained in Article 3 define the system as a coherent planning framework, efficient implementation, monitoring and ongoing evaluation, with entities that impart vocational training for employment in the workplace and renewed quality of information instruments, monitoring and control. In this system also it highlights the protagonist of collective bargaining and social dialogue as essential tools to have a more effective and geared to meet the real needs of companies and workers system role.
This is consistent also with the financial unit of the system and its economic regime that guarantees the principle of unit share cash for vocational training.
The new legal framework requires also the amendment of Article 26 of Law 56/2003 of 16 December, Employment, to establish the outline of a new model of professional training for employment in the workplace, what it takes place in the fourth final provision.
Chapter II introduces a novel way, the elements of an efficient system of observation and exploration of the labor market, to detect changes in the demands of qualification and skills of the productive fabric.
It is necessary to correct a major inefficiencies identified in the system: the lack of adequate anticipation of needs and planning of training activity. The training provided should respond to a diagnosis of reality, an analysis of the current and future needs of companies and workers to meet their goals efficiently. To do this, the new system will leverage the potential of coordination of the various devices and agents doing analysis and survey of the labor market.
Thus, Article 5 provides for the development, involving, among others, the autonomous communities, business and labor organizations, organizations representing the self-employed and social economy, of a multiannual strategic scenario, concerning the scheduling of all the training undertaken in the system. Based on the aforementioned prospective analysis, this multiyear scenario strategic planning incorporate economic trends and forecasts and, together with the analysis of the qualifications of workers will identify targets priority attention, as well as indicators for evaluation, which will keep consistency with the Spanish Strategy for Employment Activation.
This scenario will also include an estimate multiyear projection of public funding to meet the real training needs of businesses and workers within a framework of stability of the system that favors certainty, anticipation and investment decisions.
unequivocally introduces a competitive open to all accredited training providers and / or registered, as a general rule for managing funds to finance the training schedules of various public authorities.
This principle of competition, which has been introduced gradually in calls for subsidies in recent years, is set to cross basic feature of the management of funding from all relevant authorities in vocational training. This development also consistent results with the recommendations arising from the report of the Court of Auditors Control on the management of the Tripartite Foundation for Employment Training in connection with the subsystem of vocational training for employment on training offer, for the year 2010.
Furthermore, Article 6 provides for the possibility that public administrations, in their respective areas of competence, to articulate a "training check" for unemployed workers in order to provide them with the training they need. This is a new tool that will allow freedom of choice between adhering to specific devices that are developed for monitoring entities.
These efficiency improvements joins in simplifying access to funding in ways that allow, at the same time ensuring the quality of training. Hence the provision in Article 7 of this law to develop the concession regime and justification of grants, or other forms of financing, through modules, once market prices of the different training specialties identified.
Chapter III includes a new approach to vocational training initiatives for employment, placing the companies and workers in the center of the system. This law poses a new role of the training program the company for its own workers, called to be the main tool to provide an immediate response to the changing needs of the sector and strengthen its capacity for innovation, while needs are met adaptation, qualification and employability of workers. In the new model all companies involved to some extent with their own resources in financing the training of their workers.
Article 10 provides that the various administrations in their respective areas of competence and matters not covered in the scope of the company will complete the training offer their own programming for employed workers, in which business and labor organizations shall cease to hold training plans, although they participate in its design, programming and broadcasting.
Detection needs will take into account the aforementioned multi-annual and with the participation of business and unions scenario, organizations representing autonomous and intersectoral social economy and few organizations or entities with proven experience in the matter decided by the competent authorities.
In addition, the competent authorities also scheduled training for unemployed workers under the provisions of Article 11, which will add an important role especially the work of public employment services, which must identify profiles and individual itineraries and personalized employment of beneficiaries, according to the innovations introduced by the Spanish Strategy for employment Activation.
In all the above initiatives, the online training potency against traditional distance training, which is suppressed, consistent with the evolution of new technologies and the guarantees offered range and quality of training.
Training institutions accredited and / or registered, both public and private, in addition to its role of training providers will be jointly responsible for monitoring the learning and evaluation. Among the entities that will provide training for employment companies developing training activities for their own employees as well as workers of their group or enterprise network, or unemployed, either with commitment to hiring or other agreement with Utilities are included Employment. To do this, they may use their own means or resort to hiring, provided they are suitable for this purpose.
Chapter IV contains the new provisions related to control training and disciplinary system, in order to guarantee the principle of zero tolerance against fraud in the management of funds for vocational training for employment. This requires modifying the revised text of the Law on Offences and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000 of 4 August, in different aspects to successfully prevent and correct situations of malpractice, which it is carried out in the final third arrangement.
On the one hand, the parties responsible to include training institutions and assume the organization of training scheduled by companies expand. Also, in order to adapt to current legislation and social reality, existing offenders types are modified, new types as breach of the prohibition of subcontracts, which is classified as very serious infringements are created and finally , it requires greater administrative reproach when considering an infringement by each company and training activity.
On the other hand, the joint responsibility of the subjects involved in the fraudulent obtaining grants, subsidies and bonuses and penalties, so that the beneficiaries of the system of vocational training for employment can not return to stiffen set be for a period of 5 years for committing a very serious offense.
Finally and to ensure a strengthening of control and sanctioning capacity it provides for the establishment of a Special Inspection Unit within the Special Directorate attached to the Central Authority of the Inspectorate of Labour and Social Security.
This law contained in Chapter V the implementation of an integrated information system to ensure traceability of the training and comparability, consistency and continuous updating of all information on vocational training for employment is carried out in different areas of competence.
This integrated system will develop three key instruments of outreach, quality assurance and transparency to the system referred to in Article 20: Training Account, accompanying the worker throughout his career in order to accredit their training history and guiding the training offered to increase their employability; Specialty Catalog Formativas, which will benchmark common of all the training offer to be scheduled for the employed and unemployed and will be continuously updated; and the State Register of Training Institutions, public, the results of audits or quality controls that are made to such entities are incorporated.
From the hand of the best information systems, a commitment to ongoing assessment and in all phases of the training process is introduced. The emphasis of the evaluation is in the quality and the actual impact of training in terms of improved performance on the job or insertion of workers. Will these results to improve the decision making about the adequacy of the training to market needs and efficiency of economic and media resources used actions.
Along with these assessments, quality audits of entities that practical training and its results will be made public, so that businesses, workers and administrations have all the information possible in a more transparent system will be made.
Finally, chapter VI refers to the governance of the system and defines a new role for the various actors and bodies involved in the government system, by transforming the aforementioned governing bodies and, in particular, the Tripartite Foundation for Employment Training in which the representation of the General State Administration must be majority. The role of social partners in the system is subject to changes in draft: leadership and the role of the most representative in the strategic design, planning, programming, distribution, control, monitoring and evaluation of trade unions and employers organizations drives vocational training for employment, especially in the targeted workers busy. This is to make the best use of the experience and knowledge that can bring its proximity to the productive fabric through a contribution representing, in fact, one of the great strengths of the new system of vocational training for employment, while promoted different spaces and forms of participation and collaboration of other social actors.
Consistent with this new role and to changes in the system and operated from the labor reform February 2012, social partners fail to participate in fund management and the delivery of training as they did to date, leaving this role to entities that provide vocational training and develop this task in a more competitive environment.
The law is completed with twelve additional provisions, four transitory, a derogatory and ten finishes.
The first additional provision reflects the special attention to small and medium enterprises should promote public employment services, while the second provides the impetus to "check training" through the measures proposed in the Sectoral Conference Employment and Labor Affairs.
The second additional provision contains a measure of momentum to the check-training.
The third additional provision is a necessary impetus to the key instruments of the National System of Qualifications and Vocational Training, among which are accreditation procedures work experience to strengthen qualification opportunities, and the adequacy of the training needs of workers and the productive system actions.
The fourth additional provision refers to the measures necessary for the development of statistics that reflect the entire training activity that takes place throughout the territory of the State.
The fifth additional provision provides for the adaptation of the Tripartite Foundation for Employment Training in accordance with the provisions of this standard.
Meanwhile, the sixth additional provision refers to the financing of exploration activities and planning under the system through the budget of the State Foundation for Employment Training.
The sixth additional provision provides funding for surveying and planning.
The seventh additional provision provides a mandate to the Government for the analysis of all recruitment bonuses and reductions in Social Security contributions into force in all geographical areas and their presentation before 31 May 2016. | ||
The eighth additional provision provides that the remaining credit to the system of vocational training for employment in the workplace that may occur at the end of each year in the credit reserve the Public State Employment Service, will be incorporated into the appropriations for the following year, according to the Law on State Budget match.
The ninth additional provision contains a provision concerning the absence of increase in public spending as a result of the measures of this law.
The tenth additional provision contains limits on prepayments.
The eleventh additional provision provides for financing of measures to promote employment in 2015.
The twelfth additional provision establishes the regime for the Basque Country.
The transformation of vocational training model for employment does not end with the adoption of this law. In its development a new royal decree and a ministerial order to repeal all the existing legal framework, established by Royal Decree 395/2007 of 23 March, the subsystem of vocational training for employment regulation will be adopted, and all the regulations that govern them.
However, this subsequent regulatory development should not delay the implementation of the essential elements of the new model of professional training for employment described above, which shall apply from the entry into force of this law.
Therefore, the first transitional provision states that the Royal Decree 395/2007, of March 23, and its implementing regulations will remain in effect, only those aspects that can not be directly applied the provisions in this law until it is not developed regulations as provided therein, detailing the forecasts themselves be directly applied for legal certainty.
In any case, an important part of the effectiveness of the changes goes beyond the new regulatory framework, as there are instruments and measures the success of its implementation depends fundamentally on the commitment of all stakeholders in the system Vocational Training for Employment.
The second transitional provision includes cross-cutting skills that should have priority consideration for the purposes of the training program in 2015.
The third transitional provision concerns the taxation of predoctoral contracts in force at the entry into force of this law.
The fourth transitory provision refers to the transitional regime until the signing of agreements between the Public State Employment Service and the Autonomous Communities.
The first final provision refers to the competence title, while the second provides for the organization of the special inspection unit responsible for the monitoring and control functions in the field of vocational training for employment.
The second final provision refers to the special unit of the Inspectorate of Labour and Social Security.
The final provision introduces, as mentioned above, the amendment of Royal Legislative Decree 5/2000 of 4 August, Offences and Penalties in the Social Order.
The fourth final provision refers to the amendment of Law 56/2003 of 16 December on Employment.
By the fifth final provision of Law 20/2007 of July 11 of the Statute of autonomous work it is modified to incorporate business organizations among those with legal capacity to act on behalf of the self-employed and to clarify certain ends relating to the representation of autonomous organizations.
The sixth final provision amends Law 14/2011, of 1 June, Science, Technology and Innovation to regulate the figure of contract predoctoral training research staff.
By the seventh final provision proceed to the integration of civil servants and pensioners of pawnshops Public Administrations of Navarra in the National Health System, thus complying with the provisions of the third additional provision of Law 3 / 2014, March 27, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, approved by Royal Decree 1/2007, of November 16 is modified. Also, the eighth final provision enables for modification by regulatory status of the regulatory standard which is subject to modification by the previous disposal.
Finally, the ninth final provision enables the government to make the regulatory developments that are precise in implementation of this law and the seventh provides for its entry into force.
The final disposition tenth clause collects entry into force.
The reform of the Vocational Training System for Employment in the workplace is urgent in the economic and labor context in which we find ourselves, in order to accelerate the potentially beneficial effects of this reform may have in terms of creation employment, at the present time recovery of the Spanish economy.
The formation has a decisive impact on employment. In fact, jobs lost during the recent economic recession has been mostly in low-level occupations training. Between 2007 and 2013 more than half of the workers who had not passed primary education lost their jobs. Instead, the number of employed with higher education increased by 2 percent.
The training deficiencies have a negative impact on quantifiable employment opportunities for workers: people with lower levels of basic skills are exposed to nearly twice as likely to be unemployed with the economic and social loss involved (PIAAC Report , 2010).
Despite the GDP growth during the last six quarters and the recovery observed employment, training remain important differences between the unemployed require specific and forceful response. According to the latest data from the Labour Force Survey, for the fourth quarter of 2014, the unemployment rate of those with only primary education (38.07 percent) is 2.7 times higher than that of those with higher education (14 , 29 percent). 54 percent of the unemployed has not gone beyond secondary education.
Also a differential impact of educational level is observed in the time spent in unemployment of all unemployed workers seeking a job for two years, at least, 60 percent have not completed education high school. Nearly 70 percent of unemployed workers who only have primary education have been in this situation for more than a year, 15 points above that observed among workers with higher education.
So, it is essential to undertake the reform of vocational training for employment to prevent a significant portion of our workforce is perpetuated unemployed (14.6 percent of long-term unemployment in the fourth quarter of 2014 , more than twice the EU average), with severe social and economic consequences that this entails in the long run. It is accelerate their return to work with the best guarantees and amplify, thus the impact of the expected economic recovery (2 percent GDP growth in 2015) on the labor market.
On the other hand, also the quality of the training received by employed workers is decisive for economic recovery and employment: training helps to increase worker productivity, its ability to innovate and accommodate technological changes. This results in the increased competitiveness of companies and the Spanish economy. It also favors lower labor turnover and increased job stability.
Therefore, the immediate implementation of the new system of vocational training for employment will contribute in the short term, to multiply the positive effects of the economic situation and expected employment in 2015 and 2016.
Finally, the regulation of the new model of professional training for employment is accompanied by a new regime of offenses and penalties.
The need for reform was evident also in the agreement for tripartite negotiation proposals to strengthen economic growth and employment, July 29 already mentioned. The Government and the social partners in the Agreement state that economic recovery requires transformation model to improve the training of workers and contribute to the competitiveness of Spanish companies, while must overcome the current mismatch of skills in Spain not to lose employment opportunities that will arise in Europe in the coming years.
Therefore, all parties agreed to the new model was operating and it does apply to the entire system of vocational training for employment in the workplace from 1 January 2015.
This rule has taken into account also two very recent events that explore the need for definitive reform. On the one hand, it imposes resolve the inefficiencies of the current model of vocational training for employment who have shown in recent audit reports prepared by management of the Court of Auditors. On the other, the doctrine of the Constitutional Court contained in its recent judgments on the rules in this matter of December 15, 2014, the most recent, allows the government to undertake now an integral reform of vocational training for employment arising under the constitutional framework of distribution of powers between the state and the autonomous communities, thereby ensuring the necessary stability and coherence required by the system.
The need for competent government may already apply in the exercise 2015 the provisions and measures introduced by this regulation to correct the serious inefficiencies and weaknesses identified, without jeopardizing continuity in the provision of training services requiring workers and companies, especially in a situation like that described requires speed.
Article 1. Purpose and scope.
1. This law is to regulate, within the general framework of the National System of Qualifications and Vocational Training, planning and financing system of vocational training for employment in the workplace training, programming and implementation of training activities, control , monitoring and disciplinary system and the information system, evaluation, quality and governance of the system, according to the purposes and principles set out in articles 2 and 3.
2. The system of vocational training for employment regulated in this law will cover businesses and workers in any part of Spanish territory and respond to a coordinated, collaborative and cooperative action between the central government, autonomous communities, business organizations and more representative trade unions and other actors involved in it to ensure market unity and a strategic approach to training, while respecting the existing competence framework.
Article 2. Purpose of the system.
The aims of the system of vocational training for employment in the workplace are:
A) Encourage the formation throughout the life of the unemployed and employed workers to improve their professional skills and their itineraries employment and training, as well as their professional and personal development.
B) Contribute to improving productivity and competitiveness of enterprises.
C) To meet the requirements of the labor market and the needs of enterprises, providing workers with the skills, knowledge and appropriate practices.
D) To improve the employability of workers, especially those who have more difficulty maintaining employment or employment.
E) Promote professional skills acquired by workers through training both processes and work experience, are subject to accreditation.
F) Zoom and involve workers the benefits of information and communications technology, promoting a reduction of the digital divide and ensuring the accessibility of them.
Article 3. Principles of the system.
The principles governing the system of vocational training for employment are:
A) The exercise of individual training and ensuring equal access rights of workers, businesses and the self-employed to a linked to the needs of the labor market training.
B) Anticipating requirements and changes in the production model, as fundamental to strengthen the quality and effectiveness of training pathway.
C) The unit labor market and the free movement of workers in the development of training activities.
D) Collective bargaining and social dialogue as a tool for development of system of vocational training for employment in the workplace, as well as the participation of social partners in the governance bodies of the system and particularly in the design planning, control, monitoring and evaluation of the training offer, especially aimed at employed workers.
E) The box unit share vocational training and access to adequate, stable and equitable funding throughout the system of vocational training for employment, including funding from the said quota, character finalist. This funding shall be managed in a competitive basis open to all training providers, public and private, accredited and / or registered in accordance with current regulations, for the delivery of the entire training program approved by the various public authorities.
F) The quality, effectiveness, efficiency and transparency in management.
G) The stability, security and certainty to enable strategic planning and promote investment in training resources.
H) The joint system through coordination, collaboration and intergovernmental cooperation within the framework of competition rules state that allows flexibility and optimization of resources for the system.
I) The impetus to training scheduled by the company, with the participation of legal representation of workers, as agile and flexible way to respond to the most immediate and nearby businesses and workers need.
J) Measuring the impact of training and commitment to continuous improvement, by strengthening information systems, monitoring and control, and ongoing assessment at all stages of the learning process, all in the framework of the instruments with the presence of government and business and labor organizations.
K) Accessibility and participation of people with disabilities or particularly vulnerable to the actions of the vocational training system for employment, by adopting the provisions and measures necessary.
Planning and financing of vocational training for employment
Article 4. prospection and detection of training needs.
1. The Ministry of Employment and Social Security, through the Observatory of the Public State Employment Service, in coordination and cooperation with the autonomous communities in the exercise of their powers, through the Sectoral Conference on Employment and Labour Affairs, and agents social, through the General Council of the National Employment system, will develop a permanent feature of prospecting and detection of training needs of the productive system to provide effective responses to the needs of training and retraining of the labor market responses, and to anticipate changes and respond to the demand that can produce skilled labor, thus contributing to the professional and personal development of workers and competitiveness of enterprises.
2. The realization of that function shall include at least the following activities:
A) The development of a methodology and tool prospective analysis, in which structured procedures for development and dissemination and translation of results to the programming of the training are defined.
B) strengthening initiatives detection needs by coordinating the different agents that can contribute to the process, in particular the joint sectoral structures, favoring a framework for exchange of information and sharing of knowledge.
C) The identification of specific gaps and training needs of workers, from an analysis of their professional profile, so that they can acquire the necessary skills to avoid mismatches with qualifications requirements of the productive system.
3. The results of the activities identified in the preceding paragraph shall be set out in the multiannual scenario that Article 5 also referred to will result in an annual report containing at least the identification of occupations with better prospects of employment, training needs of workers and the specific recommendations concerning programming will be the training offer aimed at employed and unemployed workers. This report shall be communicated to General Vocational Training Council and the General Council of the National Employment System.
Article 5. multiyear scenario.
1. The Ministry of Employment and Social Security shall, with report of the General Council of the National Employment System, a multi-stage act as a framework for strategic planning of the entire system of vocational training for employment in the workplace, to ensure that the system responds dynamically to the training needs of companies and workers identified from the various areas of competence and provide an image of certainty and stability to all those involved in its development to investment in training and the generation of stable structures in time.
Its design will be made with the participation of the most representative employers and trade unions, autonomous communities, joint sectoral structures and representative cross-sector organizations and autonomous entities of the social economy as a specific field, and collaboration with other government departments, observatories and experts in the field.
2. This multiyear scenario identify at least:
A) trends and future prospects of the Spanish economy, reflecting developments require updating and adapting the skills of workers through training.
B) The sectors that will be an engine of growth and creation of new jobs and sectors undergoing restructuring, together with the needs of training and retraining of workers.
C) transversal competences that should be given priority attention to respond to identified trends and promote employability and intersectoral mobility of workers.
D) The objectives of focus (sectoral, cross, territorial and collective) and indicators to permit evaluation of the development and results of the training activity undertaken under that scenario. In any case, these objectives must converge with the priorities of the Spanish Strategy for Employment Activation Article 4 bis of Law 56/2003 of 16 December, Employment and Strategy and guidelines referred European employment and training, applicable at all times.
E) The estimate projected financial resources for vocational training system for use during the relevant period so that it can meet the needs of companies and workers. As provided in the following article, this projection may incorporate own resources that autonomous communities have plans to invest in the exercise of their competence and as determined in the framework of the Sectorial Conference of Labour Affairs and Employment.
Article 6. Financing.
1. The system of vocational training for employment in the workplace will be financed with funds from the share of vocational training that enterprises and workers, in accordance with the provisions of the Law on State Budget each year, so as with the specific contributions established in the budget of the Public State Employment Service, and the own funds that can allocate the autonomous communities in the exercise of its jurisdiction. Similarly, the actions of the system of vocational training for employment may be cofinanced by the European Social Fund or other aid and European initiatives.
In the same way, and in order to ensure the universality and maintenance of the system, it may be financed with few contributions by vocational training could be established other beneficiary groups in the Law on State Budget each year.
2. Annually, the Ministry of Employment and Social Security will prepare the proposed budget allocation to finance the system of vocational training for employment among various fields and training initiatives covered by this law. The proposed distribution is subject to report participation body of the General Council of the National Employment System.
3. The portion of training funds for employment set in the Law on State Budget that should be managed by the Public State Employment Service will apply to the actions and training initiatives that require a coordinated and consistent action to integrate the various multi-sectoral and inter-territorial components involved in the corresponding aid. They also apply to the actions and training initiatives related to the exercise of exclusive powers of the State or that target migrant workers in their countries of origin.
4. Funds from the State Budget to fund training initiatives managed by the autonomous communities, will be distributed in accordance with the provisions of Article 86 of Law 47/2003, of November 26, General Budget. Also in the allocation and monitoring of these funds will apply Spanish Strategy Activation for Employment force at any time and in particular, its distribution among the regions depending on the degree of compliance with the objectives set in the Annual Plan Employment Policies of each year, as well as control and guarantee maximum efficiency in the use of these funds.
5. In the application of funds vocational training for employment referred to in paragraph 1 array, the following forms of funding will be used:
A) reductions in employers' contributions to Social Security, which will not have subvencional character. They shall apply to scheduled training by companies for their workers and individual training permits.
B) subsidies on a competitive basis, to be applied to the training offer for unemployed and employed workers, including specifically aimed at self-employed and social economy, as well as mixed public employment-training programs. The competition is open to all entities meeting the training requirements for accreditation and / or registration in accordance with current regulations.
In the case of training programs with commitments recruitment, competition will be open to companies and entities that commit the realization of the contracts under the terms established by regulation.
training alternating with work not funded bonuses, including public employment and training programs, training activities will be governed by the provisions of the specific regulations governing through aid by competition open to entities under that legislation, without prejudice to the cases in which application is direct grants, under the terms provided in paragraph d) of this section.
Public competent employment services may, as an alternative to calls for subsidies, provide a "training check" the unemployed workers, according to their profile, credit them for specific training activities aimed at improving their employability. In this case, the worker will deliver the said check to the training institution selected by it from among those that meet the accreditation requirements and / or registration established to provide training, which, in turn, are selected by the competent authority for part of the information system and develop specific monitoring purpose.
C) Notwithstanding the provisions above, the competent public authorities may apply the system of public procurement, or any other legal form law adjusted to ensure publicity and competition, as provided in Article 7 as well as the remaining provisions contained in this law concerning fund management system for employment training, monitoring and control as well as the quality and evaluation of the training.
D) Direct grant award shall apply to scholarships, grants transport, board and lodging and help to reconcile the training assistance with the care of children under 6 years or dependent relatives who are granted the unemployed participating in training activities and, where appropriate, the financial compensation to companies for performing non-labor professional practices, as long as the exceptionality concur referred to in Article 22.2 of Law 38/2003 of 17 November, General Grant.
Furthermore, without prejudice to those initiatives and funding assumptions for which direct grant award under Law 38/2003, of November 17, this form of concession is anticipated apply, for reasons of public interest and social, the agreements to be signed the relevant public institutions for the training of people in a situation of deprivation of liberty and the military army and navy to maintain a relationship of temporary with the Armed Forces.
E) to finance extraordinary training provided through the public network of training centers character will be allocated annually in the Law on State Budget a specific and sufficient starting, in order to ensure training offer quality aimed at employed and unemployed workers. Part of these funds to be managed by the autonomous communities based on their skills, be allocated in accordance with the criteria set for that purpose in Sector Conference on Employment and Labour Affairs. Training activities to be financed from this budget should be covered in the training catalog Specialties under Article 20.3. This funding will be subject to a competitive basis between the centers of formation of the public network.
6. A financing the training of public employees the percentage on the proceeds from the share of vocational training, determine the Law on State Budget of each year shall be allocated. This training will take place through specific programs that are promoted as stipulated in the training agreements to be signed in the field of public administration.
Notwithstanding these agreements, the regulatory basis for the granting of funding for training of civil servants shall be governed by competitive basis open to all training institutions that meet the requirements for accreditation and / or registration in accordance with current regulations.
It is exempt from the provisions of the preceding paragraph the training for their own staff and their own, made their own public administrations, or public entities dependent formation thereof directly, without resorting to its realization private training institutions.
7. The financing of training activities aimed at training for the development of the functions related to collective bargaining and social dialogue annually the amount established by the Law on State Budget will go.
8. Reglamentariamente the regulatory bases for granting public subsidies identified in this article and be applicable to the various competent administrations in managing all the funds referred to in paragraph 1. These regulatory bases be established only contemplate financing the training activities carried out from the instrument granting the subsidy.
Also, these rules may provide for delivery of funds in advance at the beginning of the training activity, as enshrined in Article 34 of Law 38/2003 of 17 November, with a maximum limit which may not exceed 25 percent of the amount granted. Similarly, provision may be paying up to an additional 35 percent once credited the beginning of the training, which will mean that at least 40 percent of the amount awarded will be a completed and justified effective training activity subsidized.
Advances and / or other payments to be performed by the administration, as referred to in the preceding paragraph, will be effective within a maximum period of three months of the submission by the beneficiary of the documentation required for request the advance, or twelve months from the submission of the final justification of the activity being subsidized, unless the concession and justification is applied via modules, referred to in Article 7 paragraph 2, in which if that period is six months.
These bases can not include, in any case, criteria for granting subsidies involving activity subject to certain entities, as well as other criteria other aspects of technical and financial solvency.
The management of the various competent administrations of the funds referred to the preceding paragraphs shall conform to the principles laid down in Chapter II of Law 20/2013, of December 9, assurance market unit.
The regulations will be established also justification mechanisms and payment of the amounts referred to in paragraph 7. refers
Article 7. Economic
1. For the purposes of the provisions of the following paragraphs, economic module means the cost per participant and training time may be subject to public funding. Economic modules apply to all vocational training initiatives for employment, including the training of public employees.
2. Regulations, specific economic modules will be set for the different training specialties included in the catalog under Article 20.3 prior study of their adaptation to market prices based on the uniqueness, specialization and techniques of those characteristics and modalities of delivery. That rule set limits, maximum and minimum, among which may adjust these specific modules, according to objective criteria should address, inter alia, to the difference in market prices based on the training specialty and territory in which it is obtained. The modules referred to in this section will be updated periodically.
When do the provisions of the preceding paragraph, the regulatory bases of subsidies, which may apply as provided in the second paragraph of Article 6.8, may provide the concession and justification through modules according to the rules contained in articles 76 to 79 of Royal Decree 887/2006 of 21 July, approving the Regulations of the General Subsidies Act is approved.
3. Also, the maximum economic modules that apply to the financing of the costs of the training conducted and justified for those specialties or training activities for which have not established specific to the preceding paragraph shall be fixed modules.
The amount of these modules will be included both direct costs and indirect costs of training activity. Indirect costs may not exceed 10 percent of the total cost of the training activity carried out and justified.
For its part, the costs may be financed organization in training scheduled by the companies provided these entrust the organization of training to an external entity in accordance with the provisions of Article 12. These costs may not exceed 10 percent of the cost of the training, although they may reach a maximum of 15 percent in the case of training activities aimed at workers of companies that have between 6 and 9 workers workforce and up to 20 percent for companies with up to 5 employees on its payroll.
Reglamentariamente incompatibilities between bankable concepts as indirect costs and costs of organizing training will be established.
4. In no event shall mean cost publicly financed goods, products, materials or services are delivered, made available or provided by training institutions or the organizers of external entities of training and not strictly necessary for the delivery of the training activity.
Programming and execution of training
Article 8. Initiatives
vocational training for employment.
1. It means training initiative each of the forms of vocational training for employment aimed at giving immediate to different individual needs and the productive system response. In particular:
A) Training scheduled by companies for their workers.
B) The training offered by the competent authorities for employed workers, consisting of sectoral training programs and programs of cross training and qualification programs and professional recognition.
C) The training offered by the competent authorities for unemployed workers, including training programs aimed at meeting the needs identified by the public employment services, specific training programs and training programs with hiring commitments.
D) Other initiatives vocational training for employment, relating to individual training leave, training alternating with employment, training of civil servants and training is not publicly funded developed by centers and institutions private initiative aimed at obtaining certificates of professionalism. Also considered training initiatives relative to the formation of people in a situation of deprivation of liberty and the training of military troops and sailors who maintain a relationship of temporary with the Armed Forces, after signing of the relevant agreements between the competent public institutions.
2. Initiatives vocational training for employment in the preceding paragraph refers to, and training activities within each, will be directed to the acquisition, improvement and continuous updating of skills and qualifications, promoting training throughout life of the active population, and combining the needs of individuals, companies, territories and productive sectors.
Notwithstanding the foregoing, in the training offer programmed by the competent authorities, the duration of the training shall be as set out in the Catalogue referred to in Article 20.3 for the corresponding training specialty. In training scheduled by companies, the training shall be subject to a minimum of two hours. In any case, not be considered training activities informative activities or informative nature whose purpose is not the development of a training process.
Article 9. Training scheduled by companies.
1. In training scheduled by companies may participate salaried workers who provide services in businesses or public entities not included in the scope of training arrangements in public administrations referred to Article 6.6, including fixed workers -discontinuos during periods of non-occupation, as well as workers who, while participating in this training, access to unemployed and workers affected by temporary measures of suspension of contract for economic, technical, organizational or production, their periods of suspension of employment.
Also scheduled training may apply to workers whose collective contribution scheme provides for the payment of fee for the concept of vocational training to meet their own training needs in the same conditions as those established by this Article.
2. The training activities planned by companies must be related to the business. These actions will be developed with the necessary flexibility in content and as to the time of delivery to meet the training needs of the company agile and adjust the skills of their workers to changing requirements.
The aforementioned programming will be done respecting the right of information and consultation of legal representation of workers, who must be requested mandatory report form, without prejudice to the agility in the initiation and development of training activities.
If discrepancies arise between the company and the legal representation of workers must be written and reasoned the same record. Discrepancies maintained during the period established by regulation, these will be examined by the appropriate joint structure, in order to mediate on them, without paralyzing the execution of the training activities and the corresponding bonus.
3. Companies may organize training of their workers themselves, as well as provide training using for it themselves or using means hiring.
In the case of group companies, training could be organized independently by each or grouping some or all of them. In the case of the combination, any of the group companies may organize training of workers in the group itself, as well as provide training using for it themselves or resorting to hiring means.
In both cases, the company must communicate the start and end of the training activities planned under this initiative before the Administration and should ensure satisfactory development of training activities and functions of monitoring, control and evaluation as well as the adequacy of the training provided to the real training needs of businesses and their workers.
In addition, companies may choose to entrust the organization of training to an external entity as provided for in Article 12. In this case the delivery of training will be held by a training organization accredited and / or registered in the registration training institutions authorized by the competent public administration that Article 15 be considered accredited entities registered or approved by other administrations to provide training enabling the exercise of certain professional activities concerns. Neither the organization nor the activity of teaching may be subcontracted. shall not be deemed entrusted with the organization of training to an external entity, when the activity to be performed by this is limited to the administrative management functions necessary for the correct application of bonuses.
4. To finance the costs of the training provided for in this article, annually, from the first day of the financial year, companies will have a 'training credit', which may make cash through bonuses in the corresponding business contributions Social security as the declaration of the end of the training is done. The amount of this training credit will be obtained depending on the amounts deposited by each company the previous year as the share of vocational training and the percentage depending on its size, is established in the Law on State Budget of each exercise.
Companies with less than 50 employees may communicate, according to the procedure established for this purpose regulations and always within the first months of each financial year, their willingness to reserve the credit for the current year to accumulate to the credit of the following two years with the aim of training activities to develop longer-lasting or where they can participate more workers. The amounts not provided in the last-mentioned exercises shall be deemed rejected by companies and can not be recovered in future years.
If you belong to a group of companies, each company may dispose of the amount of credit that corresponds to the group, as set out in the preceding paragraphs, with the limit of 100 percent quoted by each in respect of vocational training. The provisions of this paragraph shall take effect from 1 January 2016.
Companies with less than 100 workers will, in turn, grouped with regional or sectoral criteria for the sole purpose of managing jointly and efficiently their training credits. These groups will be necessarily managed by organizations and entities referred to in paragraph 1 of article 12 of this law. Reglamentariamente the procedure for communication and justification to be developed under this initiative will be established.
In addition, the Law on State Budget each year establish minimum training credit depending on the number of workers that companies have in their templates, which may be higher than the share of those admitted for vocational training in the Social Security system.
5. Companies participate with their own resources to finance the training of their workers according to the minimum percentages on the total cost of training, set out below in terms of size, except for companies from 1 to 5 workers which are exempt from this obligation:
A) 6 to 9 employees: 5 percent.
B) 10 to 49 workers: 10 percent.
C) 50 to 249 workers: 20 percent.
D) 250 or more workers: 40 percent.
Shall be considered private financing included in the wage costs of workers receiving training in the workday. For this purpose, be taken into account only the hours of the working day on which workers actually participate in the training.
6. When the worker can perform the training activities aimed at obtaining vocational training for employment in the framework of a training plan developed by entrepreneurship or committed by collective bargaining, is deemed to be fulfilled in any case, the right of workers to paid twenty hours of professional training for employment annual leave, recognized in Article 23.3 of the revised text of the Law of the Workers' Statute, approved by Royal Legislative Decree 1/1995 of 24 March. In this case, the cost of the training activity related to that permission may be financed training credit assigned to the company, as provided in paragraph 4 of this article. Furthermore, this paid leave of 20 hours per year shall be deemed fulfilled the authorization to worker training leave specified in Article 8.1.d).
Article 10. Training offer for employed workers.
1. The training offer for employed workers aims to provide training that meets the requirements of productivity and competitiveness of enterprises, needs to adapt to changes in the production system and the opportunities for career advancement and personal development of employees, so as to enable them to qualified performance of professions and allows them to improve their employability.
This training offer will address the unmet needs for training scheduled by companies and develop a complement to this through training programs that include training activities that respond to needs of both sectoral and cross-cutting nature. In particular, this training offer must ensure, in addition to sectoral training programs, training in transversal skills according to the needs identified in the multiannual scenario and the annual report referred to in Articles 4 and 5. Furthermore, in order to encourage and facilitate the participation and access of workers employed at the training offer aimed at obtaining certificates of professionalism, the competent authorities develop programs of qualification and professional recognition seeking an offer modular training conducive to this, partial cumulative accreditation and the procedures for effective recognition of skills acquired through work experience.
2. Detection of needs and design, programming and dissemination of the training for employed workers, taking into account the multiannual scenario under Article 5, will be held:
A) With the participation of the most representative business and union organizations and representative on the appropriate scope and sector through joint sectoral structures that, for sectoral programs and training programs constitute qualification and professional recognition they have that sectoral nature. A lack of establishment of joint sectoral these structures, the functions set forth in this section shall be made with the direct participation of the organizations mentioned above.
B) With the participation of the most representative business and union organizations and representative in the relevant field of action for programs of cross training and qualification programs and professional recognition they have that crosscutting.
C) With the participation of representative organizations of autonomous intersectoral and social economy and those with sufficient implementation in the relevant field of action on training specifically aimed at self-employed and social economy in the scope of participation to be established.
Also may be consulted with as many organizations or entities with proven experience in the matter is decided by the competent authorities.
3. They may participate in the training offered under this article, plus the employed, the unemployed according to the limit established by regulation in a manner consistent to the labor market situation at all times.
Article 11. Training offer for unemployed workers.
1. The training offer for unemployed workers aims to provide an adjusted to individual training needs and the production system, enabling them to acquire the skills required in the labor market and improve their employability training. This will take into account the profile of the worker developed by public employment services, with the necessary advice when particular conditions of workers with disabilities require, as provided by the Common Services Portfolio of the National Employment System.
The design, programming and dissemination of this training offer for the competent public authorities, mandatory report with non-binding and the most representative employers and trade unions in accordance with the participation bodies established in each area of responsibility.
2. The training offer for unemployed workers will be developed through programs of the competent authorities aimed at meeting the training needs identified in customized itineraries of insertion and job offers, specific programs for training people with special educational needs or difficulties in insertion or professional training programs and hiring commitments including requalification. The competent authorities may develop actions aimed at obtaining certificates of professionalism, in the terms set out in paragraph 1 of Article 10.
In addition, the training included in the offer may be aimed at promoting self-employment and social economy and contemplate the realization of non-labor professional internships.
3. In general, the training offered under this article will give priority to the unemployed with low level of qualification and preferably include actions aimed at obtaining certificates of professionalism, in addition to those which scheduled the competent authorities according to skill needs of the unemployed population, the skills required by the labor market and occupations and sectors with greater employment prospects.
Article 12. Organization of training scheduled by companies for their workers.
1. The training provided under Article 9 may be organized by the company itself or entrusted to business or union organizations, structures joint incorporated within the scope of collective bargaining that have legal personality, associations of self-employed workers and the economy social or other external entities, including entities accredited training and / or registered in the corresponding register authorized by the competent public administration, to which Article 15 refers
2. The entities to which companies entrust the organization of training for their workers will be required to report the start and end of the training activities planned under this initiative to the Administration when agreed with the company and must ensure, in any case, the successful development of training activities and functions of monitoring, control and evaluation as well as the adequacy of the training provided to business.
In addition, these entities will be those who hire entity accredited and / or registered training that imparts training, except in the case of the same entity actions.
Addition to these obligations and which may be established by regulations, these entities must provide to the companies they organize training of their workers documentation related to the organization, management and delivery of training activities and the information necessary for the correct application of bonuses by these companies.
They must also submit to actions of verification, monitoring and control carrying out the relevant public authorities and other control bodies, ensuring the successful development of such actions.
Article 13. Programming and management training offers.
1. Schedules training offers regulated in Articles 10 and 11, must be consistent with the objectives of employment policy and will include in its references the multi-annual training scenario, the annual report prospecting and detection of training needs and Catalog of training specialties provided in Article 20.3.
These schedules may be annual or multi-year basis and will be approved, for the purposes of public funding, by the competent authorities in their respective areas of management in accordance with the provisions of the preceding paragraph and without prejudice to the participation of the organizations listed in paragraph 2 of Article 10. to guarantee the exercise of the right to training at any time and place, these schedules contain an offer broad, flexible, open and ongoing training activities and accessible to all workers regardless of the place of residence, so that they can give agile to training needs in the labor market and which require the adaptation of workers responses.
2. Scheduled training offers will be based on a prior diagnosis of needs and enunciate, clearly and precisely, the objectives pursued its realization. In addition, improvements in implementation of the results of evaluations carried out and training actions will identify priority be detailed, which try to anticipate training to the new production model, relying on the most innovative sectors.
3. the principles of publicity, objectivity and free competition in the management of public calls for funding of the training activity will be guaranteed. Managers agencies publish on their websites, once the aforementioned process, the ratio of beneficiary entities specifying the type or program lines, the technical score and funding obtained.
The principles set forth in the preceding paragraph I shall, also, in the selection of training entities duly accredited and / or registered to participate in the implementation of training check provided for in Article 6
4. Information regarding the training activities planned and implemented in each area (state, regional, company or sector) will be integrated, statistical and follow-up effects in a common database that will administer the Public State Employment Service.
5. The competent public Administrations should avoid duplication and overlap between the different fields of management, both in regard to the training activities planned as to contents and addressed them as well as possible gaps in coverage of training needs. In particular they ensure the possibility that an unemployed person can participate in training activities in different regions of one in which immigrant is registered.
Article 14. Imparting training.
1. Vocational training for employment may be given in person, through distance learning, low platforms and content accessible to people with disabilities or mixed form, by combining the above two methods.
The provisions of this section shall take effect from 1 January 2016.
2. They may provide vocational training for employment:
A) Companies that develop training activities for their own employees as well as workers of their group or enterprise network, or unemployed, either with hiring commitment or other agreement with public employment services. To do this, they may use their own means or use hiring, provided they are suitable for this purpose.
B) The competent public authorities on vocational training for employment, either through suitable for training or by conventions or agreements with public entities or companies that are accredited and / or registered to conduct the training centers themselves in which case the latter may not subcontract to third parties the execution of the training activity, not considered outsourcing, for these purposes, the hiring of teachers.
In any case, the centers themselves are considered National Reference Centres and Integrated Vocational Training Centres publicly owned.
C) Training institutions, public or private, accredited and / or registered in the register, as provided in the following article, to provide vocational training for employment, including Integrated Vocational Training Centres ownership private. Workers belonging to the staff of these entities, if acting as beneficiary or provider of the training regulated in Article 10 may participate in the training activities that manage up to a limit of 10 percent of total participants without exceeding in any case, the limit of 10 percent of its total employees on its payroll.
In addition, these entities may not subcontract to third parties the execution of the training that will be awarded. For this purpose, the recruitment of teachers for training delivery will not be considered outsourcing.
Article 15. Accreditation and registration of training institutions.
1. Training institutions, public and private, must be registered in the register authorized by the competent public authorities to provide any of the specialties included in the catalog Specialties Formativas under Article 20.3. Without prejudice to the obligation to communicate the start and end of the training, registration referred to in this paragraph shall not require companies to provide training their workers either with their own resources or recruitment. Nor registration is required when the training is provided by the company itself through platforms teleformación living abroad and always concerned of multinational companies. In the event that the company chooses to entrust the organization of training to an external entity as provided in Article 12, if registration will be required in the register to the training institution that imparts, even when not in question training collection Specialty Catalog Formativas as provided in Article 20.3.
Also to provide vocational training for employment aimed at obtaining certificates of professionalism, training institutions must be accredited by the competent public administration. Said accreditation will involve the registration provisions of the preceding paragraph.
The registration mentioned in this section will not have constitutive character.
2. Competition to make the aforementioned accreditation and / or registration relevant agency of the autonomous community in who file the facilities and training resources of the training institution concerned.
When the accreditation and registration is referred to training institutions for distance learning mode, competition relevant agency of the autonomous community in which the centers are located where classroom training sessions are developed and / or face final assessment tests and the Public State Employment Service when these polling stations are located in more than one autonomous community.
Also be for the Public Service of accreditation and registration of mobile training centers jobs when their performance is developed in more than one autonomous community. They may apply for accreditation and registration to that authority training institutions that have permanent training facilities and resources in more than one autonomous community.
3. For accreditation and / or registration of training institutions in the specialty or training specialties concerned, those must have adequate facilities and human resources to ensure their technical competence to conduct the training, both theoretical and practical, as well as quality thereof. The facilities and resources can be own or third owned by private or public entities where that does not involve outsource the execution of the training activity and must provide the relevant agreement or contract availability in this case.
When training is directed at obtaining certificates of professionalism, training institutions shall meet for accreditation and maintenance of this, the requirements specified in the regulations of the relevant certificates of professionalism. Regarding other training specialties such requirements shall be those specified in the Catalogue referred to in Article 20.3.
4. Training institutions interested in enrolling in the register to provide training specialties not aimed at obtaining professional certificates, must submit to the competent public authorities a sworn statement on compliance with the requirements as provided in the first paragraph the previous section. The presentation of the declaration will enable responsible for the start of the activity from the time of submission. The competent Public Administration will register automatically to the training institution in the register on the basis of the responsible statement submitted without prejudice to the subsequent monitoring of compliance with the requirements.
Training institutions interested in enrolling in the register to provide different training specialties in the catalog of training specialties must also submit to the competent public administration responsible declaration under specific model to be developed for it.
For its part, the training institutions interested in imparting training specialties aimed at obtaining Professional Certificates must submit to the competent public authorities an application for accreditation, considering estimated unresolved within six months from the filing date.
In any case, accreditation and / or registration is unique and valid for the provision of services throughout the national territory, as provided for in Article 20 of Law 20/2013, of December 9, warranty unit market.
5. Each of the records authorized by the competent public authorities must be coordinated with the State Register of Training Institutions under Article 20.4.
Both records authorized by the competent authorities as the State Register that the preceding paragraph incorporate and publish information on entities that have been sanctioned as a result of the commission of offenses under the regulations applicable to.
For this purpose, the competent authorities to impose sanctions shall be notified to the competent public administration, as provided for in paragraph 2 to incorporate this information in the register.
Article 16. Obligations of training institutions.
1. They are obligations of training institutions providing training in the system of vocational training for employment:
A) Comply in the delivery of the training requirements that are applicable to them under law or regulation, including the obligation to provide training spaces and training accredited media and / or registered for that end.
B) Facilitate and co-responsibility in monitoring the participation of students, learning and assessment, as well as in research methodologies and tools necessary for updating the system.
C) subject to controls and audits of quality established by the competent authorities, which will be incorporated to the records in which they are registered.
D) Maintain technical and pedagogical requirements, facilities, equipment and human resources considered for accreditation or registration of the specialty.
E) Collaborate in the process for the selection of participants and for insertion into the labor market when they are unemployed, specifically in the manner determined by the competent authority in each of the initiatives called.
F) Notify the competent public authorities to maintain registration as a training institution any change of ownership or legal form of it.
2. Without prejudice to the system of sanctions and penalties provided for in Article 19, the competent public administration, after hearing process and, where appropriate, correction of incidents for a maximum period of one month, may issue resolution that downward agreed in the register of the entity training or the relevant specialty, as appropriate, when any of the obligations outlined above is breached.
Control training and disciplinary system
Article 17. Monitoring and control.
1. In order to ensure compliance with the conditions that motivate the completion of the training, they should be subject to monitoring and effective control by the competent authorities which will include all the initiatives and modalities of delivery and covering, beyond mere formalities and verification requirements, evaluation of the results of training, thus helping to ensure their quality.
This monitoring and control can be made on all training activities or based on a sufficiently representative statistical sample, according to determined by the competent administration, supplemented by questionnaires and interviews with participants about the quality and impact of the training and quality audits of training institutions based on objective and transparent indicators, in particular the results of training.
2. It must also monitor and control training for the use of comprehensive and coordinated manner between different authorities and agencies involved in managing guaranteed. To this end, they develop an annual monitoring plan in their respective areas taking into account the guidelines to be adopted at the General Council of the National Employment System.
The aggregated results of the different monitoring and control plans will be incorporated into a report on an annual basis, it will rise to this body of participation and will be publicly available.
Article 18. Strengthening of control and sanctioning capacity.
1. The competent authorities will have the instruments and control means necessary to detect, prevent and, if necessary, punish cases of breach or infringement. Also, it gives public visibility to the channels of complaint and knowledge of fraudulent situations.
2. The Inspectorate of Labour and Social Security must have specialized structures for vocational training for employment, for what will be constituted within the scope of the powers of the General State Administration, a Special Inspection Unit, in accordance with established in this law.
The aforementioned Special Unit will develop an annual inspection program, according to the information that is provided by the Public State Employment Service and, where appropriate, by the public employment services of the autonomous communities when these have provisions of the relevant territorial action plans that the Inspectorate of Labour and Social Security and assume certain specific actions on vocational training for employment, in the terms provided in the regional regulations. The implementation of the inspection program will in any event with the participation of the Regional Directorates Inspectorate of Labour and Social Security and the Provincial Inspection of Labour and Social Security.
Within the system of Labour Inspection and Social Security, it is for the regions that have received the transfer of functions and inspection services in civil order the activity of the Labour Inspectorate and Social Security in this matter to be held, where necessary, in collaboration with the aforementioned special Inspection Unit.
3. For the implementation of the monitoring and control of the training specified in Article 17, the competent public authorities may rely on the support of independent specialized external entities, allocating for this funding which may not exceed 5 percent of funds managed training in the respective area of competence. These entities must be outside bodies participation and governance system of vocational training for employment, as well as the teaching and the organization of training programmed by third parties.
The aforementioned support in the development of those plans will not imply, in any case, the delegation of public powers associated with the monitoring and control of the training activity.
Article 19. Infractions and sanctions.
1. The system of offenses and penalties applicable in the field of vocational training for employment will be regulated by the revised text of the Law on Infractions and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000 of 4 August .
In matters not covered in the regime of offenses and penalties established in the preceding paragraph, it will be the content of Title IV of Law 38/2003, of November 17, General Grant.
2. The Inspectorate of Labour and Social Security monitor the implementation of grants and aids provided for programs to support vocational training for employment, without prejudice to the exercise of financial control of subsidies and training activities by the competent bodies in the field .
However, regional legislation may provide other forms of inspection on vocational training for employment.
3. The penalties imposed for serious and very serious infringements on vocational training for employment giving rise to the subsidy is declared improper by the licensing authority, once final, will be included in the National Database of subsidies that referred to in Article 20 of Law 38/2003 of 17 November.
The inclusion in the database will be made by communication from the competent authorities to impose sanctions in the form, timing, content and mode of delivery provided for in Article 20 of Law 38/2003 of 17 November .
The transfer of personal data to be made to the General Comptroller of the State Administration does not require the consent. In this area not apply the provisions of Article 21.1 of Law 15/1999, of December 13, Protection of Personal Data.
4. The exclusions from access to grants for a given period as a result of the commission of offenses under applicable legislation, will also affect those entities forming which, because of the people who govern or other circumstances, it may be assumed which they are below or derived transformation, merger or succession of other companies in which they had attended those.
5. The conduct constituting administrative offense arising from the exercise of financial control of subsidies and reflected in the reports made by the General Comptroller of the State Administration, autonomous communities or local corporations as well as the bodies, according to Community rules have allocated financial control functions, they shall be punished as provided in the preceding paragraphs.
Information systems evaluation and quality
integrated information system.
1. The integrated information system, a complete and updated information about the training activities carried out throughout the national territory, allowing traceability and assessment of its impact on improving the employability of workers and to ensure comparability , consistency and continuous updating of all information on vocational training for employment, whatever the initiative under which to develop. This information will be contained in a single, accessible to all competent authorities file.
The Public State Employment Service, in collaboration with the autonomous communities, models and define common data exchange protocols that are necessary for the implementation of integrated information and referral system file. He also completed the following instruments and develop transparency and dissemination system: Training Account, Specialty Catalog Formativas and the State Register of Entities Training.
2. The training received by the worker throughout his career, and in any case the received according to the National Catalogue of Professional Qualifications and the Spanish Qualifications Framework for Higher Education, will enroll in a training account associated with the number affiliation to Social Security.
Public employment services ensure the reliability of the information incorporated into this account and made in a timely manner, the corresponding annotations.
3. The Public State Employment Service will develop and continuously update a catalog Specialties Formativas, which contain all the training offer developed under the system of vocational training for employment in the workplace, including aimed at obtaining Professional Certificates as well as the minimum requirements of both the teachers and the participants and the facilities and equipment for the delivery of each training specialty.
The continuous updating of the catalog shall provide agile means for incorporating the same new training specialties and response to training demands of emerging sectors and occupations. It should also be made a periodic review of the same within a period not exceeding five years from inclusion in the catalog.
The training initiative planned by companies for their workers will not be mandatory that the training activities are referenced to the training specialties of that catalog, without prejudice to the obligation to communicate their start and end.
4. Also, the Public State Employment Service will develop and continuously update a State Register of Entities Training public, which will be coordinated with a common data structure with records available to the autonomous communities for the registration of entities training in their respective territories, in accordance with Article 15 and integrate information from such records.
This state registration
incorporate the information on the quality and results of the training provided by training institutions registered by objective and transparent indicators.
Article 21. Evaluation of training: Impact and efficiency.
1. The system of vocational training for employment will have mechanisms for ongoing evaluations to assess the impact of training on access and maintain employment, improving the competitiveness of enterprises, improving the skills of workers, adequacy of training to labor market needs and efficiency of economic and media resources used actions.
To this end, the Public State Employment Service, with the participation of the competent bodies or entities of the autonomous communities and the most representative employers and trade unions, annually compile a plan for evaluating the quality, impact, effectiveness and efficiency of the overall system of vocational training for employment in the workplace, the conclusions and recommendations should lead to further improvements in performance.
This annual plan evaluation report will be submitted to the General Council of the National Employment System.
2. Also, the bodies responsible for management, programming and control of vocational training for employment in their respective fields will be responsible for performing ongoing evaluation including:
A) A preliminary study justifying the need or appropriateness of the implementation of all training initiative. This study will include an analysis of market, at least, an accurate diagnosis of the training needs which is intended to respond.
B) Establishing prior, specific and measurable objectives, accompanied by a transparent system of indicators to track and evaluate quality of training.
C) Measuring the impact of acquired knowledge, in terms of integration of unemployed workers in a job related to their training and performance improvement in the job or promotion opportunities for workers busy.
D) An assessment of user satisfaction in which the students themselves and the companies involved.
E) Systematic analysis of the findings and recommendations resulting from the evaluation, to be translated into improvements for the system.
3. In the training scheduled and managed by companies for their workers, without prejudice to the evaluation made within those, an evaluation of the whole initiative will be conducted to determine whether the previously detected responds to needs. This assessment will feed into the annual plan referred to in paragraph 1
4. A previous evaluations were few other deemed necessary to meet pre-defined objectives and concrete indicators added. These evaluations, outside bodies participation and governance system of vocational training for employment, as well as the teaching and the organization of training scheduled for third specialized and independent external entities will be made. Also in the framework of the Sectorial Conference of Labour Affairs and Employment may be agreed interadministrative assessments about the quality and impact of vocational training for employment in the various fields.
5. The competent authorities publish the results of the assessments provided in the previous sections, assigning to it an information and public consultation easily accessible and identifiable.
Article 22. Quality of training.
1. The Public Employment Services ensure the quality of training in their respective areas of competence. To do this, they will be guided by the provisions for monitoring and evaluation of the Spanish Strategy for Employment Activation force at any time, as well as its objectives and principles of action, in particular as regards:
A) The results orientation, as well as monitoring and evaluation of results of the actions and compliance objectives.
B) Identification of costs and dissemination of good practice.
C) The provision of training to job seekers as a tool for activation and reintegration, strengthening the link between passive and active employment policies.
D) The adjustment and adaptation of training to the needs of their recipients and the labor market, based on the reality of the territory in which they apply.
E) Openness to society, promoting the participation of other agents and companies, both public and private, through the corresponding collaboration instruments.
2. Training institutions imparting training provision for employed and unemployed workers must sign, prior to the perception of public funding, a verifiable commitment to quality management, transparency and efficiency in the use of public resources character. This commitment is referred to the monitoring of the delivery and support of all participants, their satisfaction with the development of the training, its contents, its results, the quality of teachers and teaching modalities.
3. The Public State Employment Service, taking into account the proposals of the autonomous communities, develop a plan for retraining of teachers to impart training and the development of a technical-teaching methodology oriented actions. When the actions of that plan are directed to forming two or more autonomous communities will be implemented through the National Reference Centres, which will receive the Public State Employment Service funding agreed within the respective Commissions for Coordination and Follow-up, and when they are directed specifically to forming an autonomous community will be managed at the regional level.
This plan will be submitted to report the General Council of the National Employment System.
Governance System Article 23. Body
participation of government and social partners.
1. The General Council of the National Employment System is the main state body for consultation and participation of government and social partners in the system of vocational training for employment in the workplace. In this matter, and what is not subject to mandatory report by the General Vocational Training Council, said organ, in addition to the functions established in this law, established by regulation developed.
2. The Council bipartite and tripartite perform the following functions in vocational training for employment in the workplace:
A) ensure compliance with the provisions of this law and the remaining regulations of vocational training for employment, as well as the effectiveness of the overall objectives of the system.
B) issue a mandatory report on the multiannual scenario and the annual report referred to in Articles 4 and 5, on the draft regulatory rule that Article 26.4 of this law refers to and on the other draft standards the system of vocational training for employment.
C) Inform and make proposals on the allocation of budgetary resources between different areas and training initiatives under this law.
D) To propose the development of studies and research of sectoral and cross-sectoral nature.
E) approve the guidelines Annual Plan monitoring and control training for employment and report on the Annual Plan of quality assessment, impact, effectiveness and efficiency of the system, that Article 21 refers to, and on the plan for teacher development, referred to in Article 22, both of this law.
F) To recommend measures to ensure proper coordination between the actions within the framework of the matters covered by this law are carried out within the scope of the General State Administration and the autonomous communities.
G) To act in coordination with the General Council of Vocational Training for the development of actions and essential tools that make up the National System of Qualifications and Vocational Training.
H) To approve the sectoral map to improve the rationality and effectiveness of the joint sectoral structures provided for in Article 26 of this Law.
I) Know the annual report of "prospection and detection of training needs" and propose recommendations on the functioning of the system of vocational training for employment.
J) Any other functions related to compliance with the principles and purposes of the system of vocational training for employment, in order to maintain consistency and linkage to the National System of Qualifications and Vocational Training.
competent public authorities and coordination of the system.
1. Each public administration will ensure programming, management and control of vocational training for employment in their jurisdiction, in coherence and coordination with other relevant authorities.
The Public State Employment Service and the competent bodies of the autonomous communities carry out their collaboration, coordination and cooperation in this area through the Sectoral Conference on Employment and Labour Affairs, in accordance with the provisions of Article 7 .a) of Law 56/2003 of 16 December on Employment.
2. At the state level, the State Employment Public Service develop programming functions, management and control of vocational training for employment in the following cases:
A) assessment activities, monitoring and control of training initiatives funded through reductions in social security contributions that companies have their workplaces in more than one region apply.
B) programs or training activities that go beyond the territory of an Autonomous Community and requires the intervention of the Public State Employment Service to ensure a coordinated and consistent action. Reglamentariamente the assumptions on which those conditions are satisfied be determined.
C) Training actions related to the exercise of exclusive powers of the State as defined in Article 13.h) .4 of Law 56/2003 of 16 December on Employment.
D) Training activities in the territory of Ceuta and Melilla as its management has not been transferred to these autonomous cities, in accordance with the second transitional provision of Law 56/2003 of 16 December, Job.
3. At the regional level, bodies or entities for programming, management and control of vocational training for employment will be determined by the autonomous communities.
4. The autonomous communities must provide the Public State Employment Service information on training developed in their respective areas, including the need for justification of actions cofinanced by the European Social Fund so as to ensure coordination and integration with statistical information the whole state.
For its part, the Public State Employment Service will provide the regions information on training executed in the whole state, including running through the Public State Employment Service in the territory of each region .
Also, the paying agency shall ensure compliance with the reporting requirements of the autonomous communities and communicate to them the rectifications as required.
The rules or collaboration agreements that will incorporate the objective criteria for distributing funds approved by the Labor Affairs Sector Conference on Employment and each year, fixed together with management conditions laid down in Article 86 of Law 47 / 2003 of November 26, General Budget, the consequences of failure to comply with the reporting requirements contained in this section.
Article 25. State Foundation for Employment Training.
1. The State Foundation for Employment Training belongs to the state sector and its Board shall consist of the General Administration of the State, the autonomous communities and the most representative employers and trade unions. Said Board shall be composed of the number of members to its statutes with the boundary between twelve to eighteen members by the most representative employers and labor organizations, one member for each region and the number of members of the General Administration of the State that is necessary for this have majority representation in that body. In accordance with the provisions of Article 15 of Law 50/2002 of 26 December on Foundations, employers will not be remunerated for the performance of their duties. Notwithstanding the foregoing, employers are entitled to reimbursement of travel expenses, accommodation and living expenses, justified in the amounts established in Royal Decree 462/2002, of 24 May, on compensations by reason of service. With respect to those employers who do not appear expressly stated in article 8 or Annex 1 of the aforementioned Royal Decree, subject to the provisions in the second final provision thereof.
The Presidency will hold the head of the Ministry of Employment.
The rules governing the adoption of resolutions shall require the majority of the board members with the President having the casting vote in case of a tie.
2. Under the provisions of Law 50/2002 of 26 December, on Foundations, the State Foundation for Employment Training conducted in the scope of the powers of the State, the activities assigned to it by regulation . In any case, it will act as a partner and technical support of the Public State Employment Service in vocational training for employment, after signing the corresponding collaboration agreement in accordance with the provisions of Articles 12 and following of Law 38 / 2003 of November 17, General Grant.
Also will support functions Ministry of Employment and Social Security in the strategic development of the system of vocational training for employment in the workplace.
joint sectoral structures.
1. Within the framework of sectoral collective bargaining state level and through specific agreements on training in the same area, business and trade union most representative organizations and representative in the sector may constitute Structures Joint Sectoral with or without legal personality.
These structures Paritarias to related sectors grouped under the sectoral map approved by the General Council of the National Employment System.
2. The Joint Sectoral Structures will, within the system of vocational training for employment, the following functions:
A) Prospecting and detection of sectoral training needs.
B) Proposal of guidelines and training priorities for sectoral training programs, with special emphasis on that target SMEs.
C) Proposed management improvements and the quality of training for employment in the sector level.
D) Development of training proposals relating to adjustment processes, restructuring and sectoral development, particularly those related to needs to retrain workers in declining sectors.
E) Mediation discrepancies in processes and definition of mechanisms promoting agreements on training within companies.
F) Knowledge of vocational training for employment that takes place in their respective fields.
G) Dissemination of training initiatives and promotion of vocational training for employment, especially among SMEs and micro-SMEs.
H) Development of an annual report on vocational training for employment in the sector level.
I) Preparation of proposals for sectoral studies and research to be promoted in their respective fields and in carrying out the National Reference Centres.
3. Also, at the request of the Public State Employment Service or the State Foundation for Training in Employment may:
A) Conduct studies and sectoral research on vocational training for employment in the workplace.
B) Participate in the definition and updating of professional qualifications, professional certificates and training specialties.
C) Intervene in the process of accreditation of work experience and the design of training activities that contribute to the completion thereof.
D) To participate in the extension and consolidation of the dual vocational training, through the contract for training and learning in the workplace.
4. Operating under regulations, deadlines, criteria, conditions and reporting requirements to be met by Paritarias Sectoral Structures for purposes of financing the report of the General Council of the National Employment System it will be determined.
These structures Paritarias shall be provided with operating regulations, and will have sufficient qualified technical support and funding for them to develop the assigned functions.
First additional provision. Support for small and medium enterprises.
Public employment services, with the collaboration of the most representative or representative in their respective sectoral and regional areas business and labor organizations, promote the necessary initiatives to facilitate and generalize the access of small and medium enterprises to training its workers. To this end, they should give them advice and make available the necessary information about the various vocational training initiatives for employment and training of existing institutions for delivery.
Second additional provision. Check impetus to training.
Within the Sectoral Conference on Employment and Labour Affairs, will be discussed jointly by the Ministry of Employment and Social Security and the autonomous communities, the implementation of training check, as well as mechanisms for evaluation .
Third additional provision. Boosting key instruments of the National System of Qualifications and Vocational Training.
With the aim of bringing vocational training for employment to the real needs of the productive economy, key instruments of the National System of Qualifications and Vocational Training will be promoted to enhance their quality and effectiveness as well as their adaptation to the and individual training needs of the productive system. For this purpose, and in accordance with the provisions of the Organic Law 5/2002 of 19 June, on Qualifications and Vocational Training, the competent public authorities shall take the measures necessary to:
A) Update the National Repertory Professional Certificates according to a cumbersome procedure and according to the needs of a changing labor market, as well as updates to the National Catalogue of Professional Qualifications.
B) Empower Network of National Reference Centres, encouraging their collaboration in the development of innovative actions, experimental and training purposes in the field of vocational training for employment, particularly in activities to improve quality aimed at the network of collaborating institutions and trainers training. To do this, these centers endeavor to maintain relationship with technology centers and other knowledge management networks, both national and international, in their specific sectoral areas.
C) Promote accreditation procedures work experience, with improvements that favor continuity, agility and efficiency to ensure the quality and qualification opportunities in equal conditions for all workers.
D) Develop an integrated and accessible to all workers, especially people with disabilities, employment information and guidance, based on the individual profile, facilitate progress in the professional qualification of workers through system training and recognition of work experience.
Fourth additional provision. Compilation of statistics.
The Public State Employment Service, under the National Employment System, adopt the necessary measures to ensure that statistics produced in the field throughout the State include not only training conducted under this law but also one that made self-financed enterprises and public administrations for their employees.
Fifth additional provision. Tripartite Foundation for Employment Training.
The Tripartite Foundation for Employment Training adopt the name of the Foundation provided for in Article 25 and will adjust its composition to conditions laid down in that Article.
To the Tripartite Foundation for Employment Training is authorized to, within a maximum period of one month from the date of entry into force of this law and its budget, take the technical and economic measures which are necessary in order to adapt its statutes and organization to the provisions of this law.
Sixth additional provision. Financing surveying and planning.
The financing of the activities referred to in paragraphs 2 and 3 of Article 26, and which could be carried out to comply with the provisions of Article 10.2, be made through the budget allocated to the State Foundation Training for Employment or the competent authorities in their respective territories, as applicable, and its distribution will be based on the actual activity. In any case, performing the same activity it may be financed by more than one means of funding.
Also, it may indemnify participants in these activities for their travel expenses, meals and accommodation.
Seventh additional provision. Evaluation of support measures for recruitment.
The Government will develop an analysis of all recruitment bonuses and reductions in Social Security contributions into force in all territorial areas to be submitted before May 31, 2016. This analysis will assess the effectiveness of measures support recruitment into force for the fulfillment of its objectives, its budgetary impact and assess the desirability of maintaining incentives or direct those resources to other initiatives in the field of active employment policies.
Eighth additional provision. Remnants of credit attachable.
The remaining credit system for vocational training for employment in the workplace that may occur at the end of each year in the credit reserve the Public State Employment Service will be included in the appropriations for the following financial year, as what is available in the Law on State Budget for each year.
Ninth additional provision. Public spending.
The measures included in this law shall not result in net increase in public spending or expenses of personnel working for the administration.
Tenth additional provision. Limits on prepayments.
In the case of grants to the General State Administration, autonomous communities or local entities and entities whose ownership corresponds fully to the above, in the context of public employment programs and training, the agreements signed for training people in a situation of deprivation of liberty and the training of military troops and sailors who maintain a relationship of temporary with the Armed Forces, the letter d) of Article 8.1 refers, and within the framework of the agreements that the competent authorities subscribe to the use of public schools in imparting vocational training for employment, in accordance with the provisions of Article 14.2, letter b), the regulatory basis under Article 6.8 they may set limits on advance payments other than those specified in the second paragraph.
Eleventh additional provision. Finance measures to promote employment in 2015.
With exclusive effect by 2015, the possibility of allocating 20 percent of the funds from the share of vocational training for employment that will finance training actions aimed mainly at unemployed workers remains, as well as public programs job training, the implementation of measures to promote employment included in the Annual Plan for employment Policy, involving people registered as job seekers, following a report of the Public Service competent employment, in the terms of the arrangement additional Eighty nine of Law 36/2014 of 26 December on the General State Budget for 2015.
Twelfth additional provision. Basque Country.
This law applies in the Basque Country in accordance with the provisions of Article 149.1.7.ª of the Spanish Constitution, Article 12.2 of the Organic Law 3/1979 of 18 December, the Statute of Autonomy was approved for the Basque Country, in Royal Decree 1441/2010, of November 5, on the transfer of functions and services to the Basque Country for enforcement of labor laws in the field labor, employment and vocational training for employment, carried out by the Public State employment Service, and Law 12/2002 of 23 May, which approves the Economic Agreement with the Basque Country .
First transitional provision. transitional regime of Royal Decree 395/2007 of 23 March.
1. Until not statutorily develop vocational training initiatives for employment referred to in Article 8 shall survive those provided for in Royal Decree 395/2007 of 23 March, the subsystem of vocational training is regulated for employment, and its implementing regulations, except for the following provisions:
A) The competitive basis only open to accredited training institutions and / or registered in the corresponding register in the cases in which notification is required under Article 6.5. These entities, in addition to fulfilling its obligations under Article 16 shall not subcontract to third parties the execution of the training that will be awarded not considered outsourcing, for these purposes, the hiring of teachers.
B) Funding of training actions only from its grant or award.
C) Advance payment of subsidies, if any, as enshrined in the second paragraph of Article 6.8.
D) The urge to check training provided for in Article 6.5, in accordance with the provisions of the second additional provision.
E) training activities of companies whose start communicating from the publication of this law, economic modules force will apply equally to all companies, whatever their size. It will also be applicable to these training activities the minimum duration of those set out in Article 8.2, the percentage of indirect costs and organizational costs set out in Article 7.3, co-financing rates set out in Article 9.5.
Also calls for training of offer to be published after the entry into force of this law apply the 10 percent funding of indirect costs.
F) companies, in addition to organizing and delivering training its workers themselves, may choose to entrust the organization and delivery of training to external entities, under the terms established in Articles 9.3 and 12. | ||
G) Workers belonging to the staff of a training entity acting as beneficiary or provider offer training for employed workers, may participate in the training activities that manage the limits set forth in Article 14.2.c ).
H) To implement training plans aimed at employed workers not compulsory subscription, with training organizations that are awarded, the agreement provided for in paragraphs 2 and 3 of Article 24 of Royal Decree 395/2007 of 24 March, the subsystem of vocational training for employment is regulated.
2. The bodies that have approved grants calls for resolve outstanding at the date of entry into force of Royal Decree-Law 4/2015 of 22 March for the urgent reform of the System of Vocational Training for Employment in the workplace, void the provisions that are contrary to the provisions in relation to the matters referred to in points a), b) and c) of paragraph 1, as well as the 10 percent funding of indirect costs.
Excepted, this year 2015, as provided in the preceding paragraph those training calls for the employment of public employees and published on the date of entry into force of Royal Decree-Law 4/2015 of 22 March, for urgent reform of the System of Vocational training for employment in the workplace, carried out within the framework and with the requirements of the Agreement training for employment in public administration.
3. The maximum rates of financing provided for in Article 7.3 for indirect costs, as well as organizational costs in training scheduled by companies, shall apply to the associated costs and organizational costs respectively.
Second transitional provision. 2015. priority transversal competences
not the multiyear scenario or the annual report of training referred to Articles 4 and 5 needs to develop, will be considered priority actions for the purpose of the training program, at least those related to the powers of languages, office automation and information technology and communication, financial, legal and functioning of public administration knowledge.
Third transitory provision. Transitional arrangements for predoctoral contracts in effect on the date of entry into force of this law.
The amendment of Law 14/2011, of 1 June, of the Science, Technology and Innovation, introduced by the sixth final provision of this Act may be applicable to the predoctoral contracts prior to the date its entry into force.
Fourth transitional provision. Transitional arrangements until the signing of agreements between the Public State Employment Service and the Autonomous Communities.
not subscribe between the Public State Employment Service and the Autonomous Communities the corresponding agreement on the exchange of information necessary for the monitoring and control of the training initiative regulated in Article 9 and individual permits training, the Public State Employment Service will monitor and control the training activities scheduled by companies with centers located in the area of one autonomous community work.
Derogatory provision. Repeal legislation.
1. They are repealed all provisions of equal or lower rank which contradict or oppose the provisions in this law.
2. They are expressly repealed the sixth additional provision of Law 56/2003 of 16 December, Employment and additional provision five of Act 43/2006 of 29 December, for improving growth and employment.
Also be repealed Chapter I and the transitory provision of Royal Decree 1613/2010, of December 7, by which creates and regulates the Council of the representativeness of professional associations of autonomous workers at the state level and the composition and rules of operation and organization of the Council of the Autonomous Work is established.
First final provision. competential title.
This law is issued under the provisions of Articles 149.1.7.ª and 149.1.13 of the Constitution, which they attribute to the State exclusive jurisdiction in labor law and jurisdiction to regulate the bases and coordination of general planning of economic activity respectively.
Also the seventh final provision is issued under the provisions of Articles 149.1.16 and 149.1.17.ª of the Constitution, which attributed to the State exclusive competence on bases and overall coordination of the health and the economic system of Social Security, respectively.
Second final provision. special unit of the Inspectorate of Labour and Social Security.
By order of the Minister of Employment and Social Security, the Inspectorate of Labour and Social Security, organized within the Special Directorate attached to the Central Authority, a special inspection unit responsible for monitoring functions and control referred to in Article 3, paragraphs 1.3.1 and 1.4.3 of the Law 42/1997, of 14 November, Milking Inspectorate of Labour and Social Security, in the area of subsidies and aid in training rebates vocational training for employment whose competence is attributed to the General State Administration. The tasks assigned to this special unit will be compatible with the exercise of the functions of monitoring and control in this area have attributed the territorial departments of the Inspectorate of Labour and Social Security and the Provincial Inspection of Labour and Social Security.
The creation and operation of the special unit, and the provision of their terms of jobs will not increase public spending.
Final disposition third. Modification of the revised text of the Law on Infractions and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000 of 4 August.
The revised text of the Law on Offences and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000 of 4 August, is amended as follows:
One. Paragraphs 2 and 3 of Article 2 are worded as follows:
'2. Employers, workers or self-employed or assimilated, recipients and applicants for Social Security benefits, training institutions or those who assume the organization of vocational training for jobs scheduled by companies, individually or in group of companies and applicants and beneficiaries of aid and subsidies for vocational training for employment, collaborating Mutuas with Social Security and other associates in management, in the context of the legal relationship of Social Security and entities or companies responsible for the management of performance in terms of their obligations regarding the Register of Public Social benefits and other information required to facilitate tax collection significance on Social Security subjects.
3. Entrepreneurs, workers, applicants for public assistance or subsidies and, in general, the natural or legal regulations regarding placement, promotion of employment and vocational training for employment people. "
Two. Paragraph 1 of Article 5 shall read as follows:
"1. Are labor violations acts or omissions contrary to the laws, regulations and clauses regulations of collective agreements on both individual and collective, labor relations placement, employment, vocational training for employment, temporary employment business and labor and social inclusion, typified and sanctioned in accordance with this law. They will also have such consideration other actions or omissions of individuals responsible for the matters regulated in this chapter. "
Three. The title of subsection 1st 3rd section of Chapter II shall read as follows:
"Violations employers, employment agencies, training institutions or those who assume the organization of vocational training for jobs scheduled by companies and beneficiaries of grants and subsidies in respect of employment and aid to promote employment in general. "
Four. Paragraph 4 of Article 14 shall read as follows:
"4. Breaching, employers, training institutions or those who assume the organization of the training activities scheduled by companies and applicants and beneficiaries of aid and subsidies, obligations formal or documentary required by the specific regulations on vocational training employment, provided they are not classified as serious or very serious. "
Five. Paragraph 6 of Article 15 shall read as follows:
'6. Breaching, employers, training institutions or those who assume the organization of the training activities scheduled by the companies and recipients of aid and subsidies, the obligations under the specific legislation on vocational training for employment, unless you have given place undue enjoy bonuses payment of membership fees by any of the following:
A) Run training activities in terms, form and content to different really on notice previously, when he had not notified in a timely manner cancellation or modification to the competent body.
B) Run training activities not related to business activity.
C) Failure to comply with obligations and attendance of participants in training activities and breach of the obligation to monitor the participation of students, learning and assessment.
D) issue certificates of attendance or diplomas without the minimum content required, which do not comply with the training, approved and / or made or if they are not given the same, and deny delivery or carry out referral later, despite being required to that effect by the surveillance and control.
E) Failure to comply with the obligations regarding the communication of the start and end of each training on time, form or content under the applicable rules and do not communicate the changes, mergers or changes in ownership that occur in the company.
F) No separate account or identify specific section of their bookkeeping all implementation costs of the training, as well as bonuses that apply and co-financing, where appropriate, the European Social Fund or other aids and initiatives Europe, under the name of vocational Training for Employment.
G) Failure to comply with the obligations relating to custody and delivery of documentation relating to the organization, management and delivery of training activities.
H) Allocate as publicly financed cost of goods, products, materials or services they are delivered, made available or provided by training institutions or the organizers of training and not strictly necessary for the delivery of the training activity.
I) Failure to comply with obligations under the right to information and consultation of legal representation of workers.
Be deemed an infringement by each company and for each training activity for the cases referred to in subparagraphs a), b) and c) of this paragraph. "
Six. Article 16 shall read as follows:
"Article 16. Very serious offenses.
1. They are very serious offenses:
A) Exercise labor intermediation activities, of any kind and functional scope, aimed at placing workers without submitting, prior to acting as an employment agency, a responsible statement, to meet requirements set in Law 56/2003 of 16 December, Employment, and its implementing regulations, or require workers price or consideration for services rendered.
B) In the case of temporary employment agencies that had submitted a sworn statement to act as placement agencies meet the requirements established by Law 56/2003 of 16 December, Employment, and its implementing regulations development, breaching them.
C) Request personal data in selection processes or set conditions through advertising, media or any other means which constitute discrimination for access to employment based on sex, origin, including racial or ethnic , age, marital status, disability, religion or belief, political opinion, sexual orientation, union membership, social status and language within the State.
D) Obtain or unduly enjoy subsidies, aid to promote employment or any established programs to support job creation and vocational training for employment granted, guaranteed or funded in whole or in part, by the State , the autonomous communities or the European Social Fund and other aid and European initiatives in the framework of the implementation of labor law, outside the economic system of Social Security.
E) The non-application or deviations in the application of the aid or subsidies to promote employment, reintegration of jobseekers, vocational training for employment, granted, guaranteed or funded in whole or in part by the State, the autonomous communities or the European Social Fund and other aid and European initiatives in the framework of the implementation of labor law, outside the economic system of Social Security.
F) Failure to comply with employers, training institutions or those who assume the organization of the training activities scheduled by the companies and recipients of aid and subsidies, the obligations under the specific legislation on vocational training for employment, unless it gave rise to undue enjoy bonuses in paying membership fees by any of the following:
1st Order quantities
participants to pay all or part of vocational training initiatives for employment when training activities are financed with public and free funds for them.
2nd Simulate labor contracts in order to workers to participate in training activities.
3rd Falsification of documents as well as simulating the execution of the training, including distance learning, for obtaining or improper enjoy public support or subventions for himself or for a third party in vocational training the job.
4th Provide training without being accredited or, where appropriate, without submitting the declaration responsible in accordance with specific regulations.
5th Perform undue subcontracts, both in terms of teaching and the organization of training activities.
G) The improper application or non-application to the legal or regulatory purposes intended donations and sponsorship actions received from companies by foundations and associations of public utility, as an alternative to compliance with the obligation to reserve jobs for people with disabilities.
For offenses specified in paragraphs 2nd, 3rd, 4th and 5th letter f), the institutions undertaking the organization of the training activities scheduled by companies, institutions imparting training, and recipients of public assistance or subsidies jointly liable for repayment of the sums obtained by each company and training activity.
Be deemed an infringement by each company and training action for the cases referred to in points d), e) and paragraph 2nd, 3rd, 4th and 5th letter f). "| ||
Seven. The section title of Chapter III 1st should read as follows:
"Violations of employers, training institutions, institutions that assume the organization of vocational training for jobs scheduled by enterprises, self-employed and assimilated it."
Eight. paragraph 9 of Article 22 is amended as follows:
'9. Get or unduly enjoy any reductions, bonuses or incentives in relation to the amount of capital shares corresponds, understanding produced an infringement by each affected unless the worker concerned bonus vocational training for employment and reductions in contributions for professional contingencies to the companies that have contributed especially to the reduction and prevention of occupational accidents, which will be understood infringement by each company and training action. "
Nine. A new paragraph 15 is added to Article 22, with the following wording:
"15. Breaching, training institutions or those who assume the organization of the training activities scheduled by companies, the requirements of each training established by the specific legislation on vocational training for employment when giving rise to undue enjoy bonuses in the payment of fees, unless the offense is classified as very serious in accordance with the following article.
Such entities jointly and severally liable for the return of sums reclaimed by each company and training activity.
Be deemed an infringement by each company and for each training activity. "
Ten. The letter h) of paragraph 1 of Article 23 shall read as follows:
"H) Engaging employers, training institutions or those who assume the organization of the training activities planned by companies, distortions of documents or simulating the execution of the training, including distance learning, for obtaining or improper enjoy bonuses on vocational training for employment.
Be deemed an infringement by each company and for each training activity. "
Once. A new paragraph is added to paragraph 2 of Article 23, with the following wording:
"In the infringements referred to in paragraph 1.h), training institutions or those who assume the organization of the training activities scheduled by companies and applicants or recipients of grants and public aid jointly liable for return of the amounts improperly enjoyed by each training. "
Twelve. The last paragraph of Article 40.1.f) shall read as follows:
"The sanctions imposed for very serious offenses described in subparagraphs d), e) and f) of paragraph 1 of Article 16 and in points a) and h) of paragraph 1 of Article 23, as well as penalties for obstruction classified as very serious in the previous paragraph, once final, they will be made public in the manner envisaged by regulation. "
Thirteen. the title of the subsection 3rd 2nd section of Chapter VI, which reads as follows modified:
'Ancillary sanctions against employers, training institutions or those who assume the organization of the training activities scheduled by companies on employment, employment promotion grants, subsidies and grants for vocational training for employment and protection unemployment. "
Catorce. Heading and paragraph 1 of Article 46 are worded as follows:
"Article 46. Accompanying sanctions.
1. Without prejudice to the sanctions that Article 40.1 refers to and, except as provided for in Article 46a of this law, employers who have committed serious offenses provided for in paragraphs 3 and 6 of Article 15 or very serious infringements typified articles 16 and 23 of this Act, employment, vocational training for employment and unemployment protection:
A) lost, automatically, and in proportion to the number of workers affected by the infringement, aid, bonuses and, in general, the benefits derived from the implementation of employment programs or vocational training for employment, effect from the date on which the offense was committed.
The loss of these grants, subsidies, bonuses and benefits arising from the implementation of employment programs and vocational training for employment affect the largest amount, preferably on which sanction had minor at the time of the commission of the offense. This criterion must be included necessarily in the act of infringement, giving reasons.
B) they may be excluded from access to such grants, subsidies, bonuses and benefits for a maximum period of two years with effect from the date of the decision imposing the sanction.
Shall be excluded in any case access to such grants, subsidies, bonuses and benefits for a period of five years when the offense was classified as very serious in points d), e) and f) of paragraph 1 of Article 16 and letter h) of paragraph 1 of Article 23 of this Act, with effect from the date of the decision imposing the sanction.
C) In the cases referred to in points d), e) and f) of Article 16.1, are obliged, in any event, the repayment of amounts wrongly received and not applied or misapplied. "
Fourth final provision. Amendment of Law 56/2003 of 16 December on Employment.
Article 26 of Law 56/2003 of December 16, Employment, which shall read as follows amendments:
"Article 26. The 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. "
Final provision fifth. Amendment of Law 20/2007 of July 11 of the Statute of autonomous work.
Law 20/2007 of July 11 of the Statute of self-employment, is amended as follows:
One. Article 21 shall read as follows:
"Article 21. Determination of the representativity of associations of autonomous workers.
1. Without prejudice to the representation they hold their members and for the purposes of the provisions of this article and the next, will be considered representative professional associations of autonomous state-level workers, those who registered in the State Register of Professional Associations Self-employed workers, demonstrate sufficient implementation at the national level.
2. Sufficient implementation at the state level will be recognized taking into account the number of self-employed members, and the size of its structure, reflected in human resources hired by the association and its implementation in the territory.
Will need to demonstrate a level of affiliation of contributors to the Social Security Special Regime of Self-Employed or self-employed under the terms established by regulation, and have offices and human resources in at least three autonomous communities all in the year preceding the application for accreditation calendar year.
The supporting documentation of compliance with the requirements must be submitted to the State Register of Professional Associations of Autonomous Workers under the terms established by regulation.
3. Representative associations intersectoral statewide and also the most representative employers and labor organizations self-employed, will enjoy a unique legal position, which gives them legal capacity to act on behalf of self-employed at all territorial levels with following functions:
A) To hold institutional representation before Public Administrations or other entities or bodies at the state or autonomous community that are planning.
B) be consulted when the government devise public policies that impact on self-employment.
C) Collaborate in the design of public programs for the self-employed under the terms provided by law.
D) Any other function is established by law or regulation.
4. Sufficient implementation at regional level is recognized taking into account the same criteria for recognition of representativeness at the state level, under the terms set out in paragraph 2.
Professional Associations of Autonomous Workers that are considered representative at regional level shall have the capacity to exercise, in the specific area of the autonomous region, the functions provided for in paragraph 3. '
Two. The twelfth additional provision read as follows:
"Twelfth additional provision. Participation of autonomous workers in training programs and information on prevention of occupational risks.
In order to reduce accidents and prevent the occurrence of occupational diseases in their respective sectors, sectoral associations representing self-employed and the most representative union and business organizations may make permanent programs of information and training related to this group promoted by the competent public authorities in the prevention of occupational hazards and repair the consequences of accidents and occupational diseases. "
Sixth final provision. Amendment of Law 14/2011, of 1 June, Science, Technology and Innovation.
Paragraph c) of Article 21 of Law 14/2011, of 1 June, of the Science, Technology and Innovation, which reads as follows amendments:
'C) The contract is fixed-term, with full-time.
The contract period shall not be less than one year nor more than four years. When the contract was concluded for a duration less than four years may be extended successively without, under any circumstances, extensions may be shorter than one year. The activity developed by the research staff predoctoral training will be evaluated annually by the academic committee of the doctoral program, or in the case of the doctoral school during the duration of their stay in the program may be terminated the contract in the of course not successfully overcome this assessment.
However, when the contract entered into with a disabled person, the contract may reach a maximum period of six years, including extensions, taking into account the characteristics of research activity and degree of activity limitations.
No worker may be hired by this method, in the same or different entity, for more than four years time, including any renewals, except for people with disabilities mentioned in the previous paragraph for the time may not exceed six years.
Without prejudice to the provisions of the preceding paragraphs, assuming that, having been already hired the worker under this mode, the time remaining to the maximum of four years or six in the case of people with disability is less than one year, may be concluded the contract, or its extension, for the time remaining until the maximum set in each case.
The temporary disability, risk during pregnancy, maternity, adoption or fostering, risk during breastfeeding and parenthood, suspend the calculation of the duration of the contract '.
Seventh final provision. Amendment of Royal Decree 1192/2012, of 3 August, on the status of insured and beneficiary for the purposes of health care in Spain, with public funds, through the National Health System is regulated.
A new tenth additional provision of Royal Decree 1192/2012, of 3 August, on the status of insured and beneficiary for the purposes of health care in Spain is regulated, with public funds is added, through the National Health System, with the following wording:
"Additional provision tenth. Montepíos staff of the Public Administrations of Navarra.
For the purposes of health care under the National Health System, active staff in the service of the Provincial Government, municipalities, councils and administrative bodies of Navarra and pensioners montepíos framed in the Public Administrations of Navarre , shall be construed as included respectively in 1st and 2nd paragraphs of Article 2.1.a) of this royal decree.
In addition, relatives of each other, they are in any of the cases and comply with the requirements of Article 3 shall be considered beneficiaries of those effects of health care under the National System health. "
Eighth final provision. Changing regulations.
The regulations are being amended by this Act they may be amended in the future by standards concerning the rule contained in regulatory status.
Ninth final provision. Regulatory clearance.
Not later than 6 months after the entry into force of this law the Government, within the scope of its powers, will dictate the provisions that are necessary for the development and implementation of the provisions in it.
Final Disposition tenth. Entry into force.
This Law shall enter into force on the day following its publication in the "Official Gazette" day, except as provided in Articles 9.4 and 14.1.
Command all Spaniards, individuals and authorities to observe and enforce this law.
Madrid, September 9, 2015.
The Prime Minister,
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