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Order Ess / 1221 / 2015, Of 11 Of June, By Which Is Creates The Unit Special Of Inspection In Matter Of Training Professional For The Job.

Original Language Title: Orden ESS/1221/2015, de 11 de junio, por la que se crea la Unidad Especial de Inspección en materia de formación profesional para el empleo.

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TEXT

The Royal Decree-Law 4/2015 of 22 March for the urgent reform of the vocational training system for employment, in line with the provisions of the Agreement on proposals for tripartite negotiations to strengthen growth economic and employment, signed by the government and the social partners of 29 July 2014, will undertake this reform by pursuing four strategic objectives, the guarantee of the exercise of the right to the training of workers, employees and the unemployed, in particular the most vulnerable; the effective contribution of training to the competitiveness of companies; strengthening collective bargaining in the adequacy of the training offer to the requirements of the productive system, as well as efficiency and transparency in the management of public resources.

The Royal Decree-Law 4/2015 of 22 March, introduces amendments to the existing legal norms in the field of vocational training for employment, aiming to define a normative framework in terms more appropriate to the reality current. The effectiveness and transparency of the management of vocational training funds for employment, as a goal marked by this reform, requires the inclusion of modifications related to the control of training and the sanctioning system, with the the objective of guaranteeing the principle of zero tolerance against fraud in the management of vocational training funds for employment, and the amendment of the recast text of the Law on Infractions and Sanctions on the Social Order, approved by the Royal Legislative Decree 5/2000 of 4 August, seeking to define a framework The Commission has been in the process of being a member of the European Parliament and the Council of the European Union and the Council of the European Union. praxis.

The work of the Labour and Social Security Inspectorate, as the body responsible for monitoring compliance with social order standards and the requirement of the relevant responsibilities, is an instrument. fundamental to the achievement of the objective outlined above.

In line with the above, in order to ensure a strengthening of the control and sanctioning capacity, the creation of a Special Inspection Unit within the Special Directorate attached to the Central Authority of the Labour and Social Security Inspectorate, making it necessary to comply with the commitment set out in the final provision of Royal Decree-Law 4/2015 of 22 March 2015 on the creation of that Special Unit.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Object and administrative integration.

The Special Unit for Inspection in the field of vocational training for employment is hereby established. This Special Unit will depend organically and functionally on the Central Authority of the Labour and Social Security Inspectorate, through its integration into the Special Directorate of Inspectorate attached to the Central Authority.

Article 2. Functions.

1. This Special Unit shall be responsible for the development of the following tasks:

(a) Develop an annual vocational training inspection programme for employment, in accordance with the information provided to it by the State Employment Public Service and, where appropriate, by the services public employment of the autonomous communities, where they have provided for the corresponding territorial action plans for the Labour and Social Security Inspectorate to take concrete and specific action in the field of training employment, in terms of the terms set out in the regional regulations.

(b) The implementation or coordination of the inspection measures for the supervision and control of the employment training legislation, the competence of which is attributed to the General Administration of the State.

c) The monitoring and evaluation of the results obtained.

d) The other functions entrusted to you by the Central Authority of the Labour and Social Security Inspectorate in the field of your competence.

2. It shall also be for the Special Unit, without prejudice to the powers conferred on the Territorial Directorates, to agree with those responsible for the autonomous communities which have received the transfer of functions and services in (a) the criteria for coordination and collaboration, by involving the Basque Council of the Labour and Social Security Inspectorate, through its Operational Directorate, and the Governing Council of the Consortium of the Labour and Social Security Inspectorate of Catalonia.

Article 3. Scope of action.

The scope of this Unit will be national.  For the purpose of the development of the tasks provided for, they shall have the inspector staff who, in accordance with the existing allocations in the employment relations in force, are determined.

The implementation of the actions shall be carried out, when determined by the Special Unit, by the personnel of the provincial inspections or, where appropriate, depending on the type of action and the circumstances, by the attached to the Special Unit.

Article 4. Mechanisms for the provision of jobs.

For the purposes set out in this Order, the mechanisms for the provision of jobs provided for in the regulatory framework for such matters may be used.

Single additional disposition. Functions of other inspection units.

The tasks entrusted to this Special Unit shall be carried out without prejudice to the surveillance and control functions entrusted to the Territorial Directorates of the Labour and Social Security Inspectorate and Provincial Labour and Social Security Inspections.

Final disposition first. No increase in expenditure.

As provided for in the final provision of Royal Decree-Law 4/2015 of 22 March 2015 for the urgent reform of the vocational training system for employment, the creation and operation of the Special Unit (a) it will entail an increase in expenditure, with the restructuring of the Unit for other areas of the Special Directorate of Inspectorate attached to the Central Authority, through the modification of the list of posts of corresponding job.

Final disposition second. Entry into force.

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

Madrid, June 11, 2015. -Minister of Employment and Social Security, Fatima Banez García.