Order Ess/1680/2015, Of 28 July, Which Develops The Royal Decree 417/2015, 29 May, Which Approves The Regulation Of Temporary Work Companies.
Original Language Title: Orden ESS/1680/2015, de 28 de julio, por la que se desarrolla el Real Decreto 417/2015, de 29 de mayo, por el que se aprueba el Reglamento de las empresas de trabajo temporal.
Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8918
The Royal Decree 417/2015, 29 may, which approves the regulation of temporary work companies, in its second final disposition, authorizes the Minister of employment and Social Security to dictate how many provisions necessary for the application and development of provisions of the same.
The regulation of temporary work companies expressly refers to the provisions of the Royal Decree on development both the allocation of the number of administrative authorization of temporary work companies and for the establishment of the official models of the contract provision and the ratio of contracts must be submitted monthly by the companies to the competent labour authority.
In the process of elaboration of this order have been consulted the most representative trade unions and business organizations. Also, the autonomous communities have been consulted.
By virtue of the designated authorization, available: article 1. Number of administrative authorization of temporary work companies.
Temporary work companies administrative authorisations should be numbered consecutively using eight digits, as provided in annex I.
Article 2. Model contract for provision.
The contract provision will be formalized in the model provided for in annex II. Contracts which, without removing any of the concepts contained in that model or alter its name, contain modifications of a purely formal nature or include additional items of information shall be adjusted to the aforementioned model.
Article 3. Relationship model of provision contracts.
The relationship of contracts of provision, which the temporary employment agencies are obliged to send monthly by electronic means to the register of companies of temporary work of the competent labour authority, shall conform to the model set out in annex III.
First final provision. Skill-related title.
This order is issued on the basis of provisions in article 149.1. 7th of the Spanish Constitution, which attributes to the State the exclusive competence in the field of labour legislation, without prejudice to its execution by the bodies of the autonomous communities.
Sole final provision. Entry into force.
This order shall enter into force on the first day of the month following its publication in the "Official Gazette".
Madrid, 28 July 2015.-Minister of employment and Social Security, Fátima Báñez García.
Annex I 1 temporary work companies identification codes. The approval number will consist of eight digits. The first two correspond to the labour authority which granted the authorisation, subject to identification codes set out in paragraphs 2 and 3; the following four digits are reserved, starting with the number 1, to indicate the sequential order of the authorizations, and the last two digits express the year in which the administrative authorisation is granted.
2. codes of the autonomous communities to use when they are competent to grant the authorization.
Autonomous community/city code 61 Andalusia.
63. Principality of Asturias.
64 Illes Balears.
65. Canary Islands.
67 castilla - La Mancha.
68 castilla y León.
70. Comunitat Valenciana.
73. comunidad de Madrid.
74. region of Murcia.
75. comunidad Foral de Navarra.
76. Basque country.
77. la Rioja.
3. code to use when it is competent to grant the authorization of the General Directorate of employment of the Ministry of employment and Social Security.
Code 79 employment DG Directorate-General for employment.
Annex II implementation contract available temporary work company Don/Doña DNI concept of (1) name or business name NIF CCC address location number of authorization (1) Director, Manager, etc.
User enterprise Don/Doña ID in respect of (2) name or business name NIF CCC home town province-home work province Town Center (2) Director, Manager, etc.
Celebration (3) (4) (3) assumption the assumption of celebration, with concrete expression of the cause that justifies it as provided for in article 6.2 of the Act 14/1994 of 1 June shall be indicated.
(4) in the case of contract for training and learning data of the person of the company shall be shown explicitly within the additional clauses designated user to protect the development of the employment of the worker.
Features of the job required qualification features information on occupational hazards of the post work and preventive measures (5) place and working hours (6) common services and SMATV installations total compensation applicable collective agreement (5) information provided for in article 2 of the RD 216/1999, of 5 February.
(6) when the worker provides services on board a vessel, the identifier of this must be reflected.
Duration of the contract (7) from up to (7) shall indicate the expected duration of the contract provision.
Price agreed additional clauses: (the clause of the contract prohibiting the recruitment of the worker by the user enterprise to the completion of the contract provision is void).
En .............. a ........... de .............. de 20 ......
By the company of temporary work for the enterprise user (signature and stamp) (signature and stamp) Annex III list of contracts of provision (1)
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