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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-6992

He Real Decree-Law 4 / 2015, of 22 of March, for the reform urgent of the system of training professional for the employment, in line with it planned in the agreement of proposed for the negotiating tripartite for strengthen the growth economic and the employment, signed by the Government and them partners social, of 29 of July of 2014, rushes such reform chasing four objectives strategic , the guarantee of the exercise of the right to training of workers, employees and unemployed people, in particular of the most vulnerable; the contribution effective of the formation to the competitiveness of the companies; the strengthening of collective bargaining in the adequacy of the training offer to the requirements of the production system, as well as efficiency and transparency in the management of public resources.

Royal Decree-Law 4/2015, 22 March, introduces modifications in current legal standards in vocational training for employment, seeking to define a normative framework in terms more appropriate to the current reality. Efficiency and transparency in the management of funds for vocational training for employment, insofar as objective marked by this reform, demands include changes related to control of the formation and the sanctions regime, in order to ensure the principle of zero tolerance against fraud in the management of funds for vocational training for employment by what has been the modification of the revised text of the law on offences and sanctions in the Social order, approved by Royal Legislative Decree 5/2000 of 4 August, pretending to define a normative framework in terms more appropriate to the current reality, which include both the requirement of administrative responsibilities as a new regime of offences and penalties regulation in order to prevent and correct situations of malpractice.

The performance of the Inspectorate of labour and Social Security, as body responsible for monitoring compliance with the rules of social order and the requirement of the relevant responsibilities, constitutes a fundamental instrument for the attainment of the objective stated above.

Accordingly, in order to ensure a reinforcement of control and sanctioning capacity expected the creation of a special unit of inspection in the bosom of the special Directorate attached to the Central Authority of the inspection of labour and Social Security, so it is necessary to give effect to the commitment established in the second final disposition of Royal Decree-Law 4/2015 , of 22 of March, relating to the creation of this unit special.

In his virtue, with the approval prior for the Minister of Hacienda and administrations public, have: article 1. Object and administrative integration.

Creates special inspection unit in vocational training for employment. This unit special will depend on organic and functionally of the Authority Central of the inspection of work and safety Social, through its integration in the address special of inspection attached to the Authority Central.

Article 2. Functions.

1 will correspond to this special unit for the development of the following tasks: to) develop yearly inspection program in vocational training for employment, according to the information that is provided by the public service employment and, where appropriate, by the public services of employment of the autonomous communities, when these have been arranged in corresponding territorial action plans that the labour inspection and Social Security takes concrete actions and certain in matter of training professional for the employment, in the terms provided in the normative autonomic.

(b) the implementation or coordination of Commission actions for the surveillance and control of the legislation on vocational training for employment whose competence is attributed to the General Administration of the State.

(c) the monitoring and evaluation of the results obtained.

(d) the other functions entrusted by the Central Authority of the inspection of labour and Social security within the scope of their competence.

2. also, also will be responsible for the Special Unit, without prejudice to the powers conferred on the territorial directorates, accord with those responsible for the autonomous communities that have received the transfer of functions and services in the field of public service Inspector the criteria of coordination and cooperation, making part of the Basque Council of labour and Social Security Inspectorate , through its address operational, and to the Council of Government of the consortium of the inspection of work and safety Social of Catalonia.

Article 3. Scope of action.

The scope of this unit will be national. For the development of the planned tasks, they will have personal inspector which, in accordance with provisions existing in the relations of job force, is determined.

The execution of the actions will take place, when so determined by the Special Unit, by the staff of the provincial inspection or, where appropriate, depending on the type of action and the attendant circumstances, by the affiliated to the special unit.

Article 4. Mechanisms for provision of jobs.

Mechanisms for provision of jobs under the regulatory legislation of such material may be used for the purposes specified in this order.

Provision additional unique. Functions of other inspection units.

The tasks entrusted to this special unit will take place without prejudice to the surveillance and control functions assigned in this matter to the territorial addresses of the inspection of labour and Social Security and the provincial labour and Social security inspections.

Available end first. Absence of increase of expenditure.

As provided in the second final disposition of Royal Decree-Law 4/2015, March 22, for the urgent reform of the system of vocational training for employment, the creation and functioning of the special unit does not imply an increase in expenditure, proceeding to do this to the restructuring of the special unit from other areas of the special Directorate of inspection under the Central Authority , through the modification of the relationship of corresponding jobs.

Available to finish second. Entry into force.

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

Madrid, 11 June 2015.-Minister of employment and Social Security, Fátima Báñez García.