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Royal Decree 416/2015, May 29, On Deposit Of The Statutes Of The Trade Union And Employers Organizations.

Original Language Title: Real Decreto 416/2015, de 29 de mayo, sobre depósito de estatutos de las organizaciones sindicales y empresariales.

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TEXT

Article 4 of the Organic Law 11/1985, of 2 August, of Freedom of Association and Article 3 of Law 19/1977, of April 1, on the regulation of the right of trade union association, establish the existence of a deposit of statutes of the trade union and business organizations, respectively.

Royal Decree 873/1977, of 22 April, on the deposit of the Statutes of the Organizations constituted under Law 19/1977, regulating the right of association of trade unions, until now regulated the established procedure the effect, having become obsolete in the face of the reality of the electronic administration, without prejudice to the existence of the reasons for the need to give legal personality to the trade unions and business, as well as giving publicity to them.

Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and the Common Administrative Procedure, anticipated the need to fully insert these new instruments into the administrative activity, Since its Article 45, it has been calling for the incorporation of electronic, computer and telematic techniques in the development of its activities and in the exercise of its powers.

Later, one of the objectives of Law 11/2007, of June 22, of electronic access of citizens to Public Services, was the creation on January 1, 2010 of the "e- Administration", establishing the right of the citizens to conduct by electronic means the same steps that can be carried out in an in-person way.

With this royal decree, it is therefore necessary to develop the provisions of Article 4 of the Organic Law 11/1985, of Freedom of Association, and Article 3 of Law 19/1977, on the regulation of the right of trade union association, and to regulate the deposits of the statutes of the trade union and business organizations, while making their adaptation to the electronic administration.

The deposits of the statutes of the trade union and business organizations that are regulated in this standard are not electronic records in the legal sense of that term, but constitute specific deposits of statutes with operation by electronic means.

It should be noted that the Law 11/2007 of 22 June 2007 provides for a basic requirement for public administrations to make it compulsory for communications to be made by electronic means, as well as the minimum content of electronic communications and notifications. In this way, the promoters and representatives of the trade union and business organizations will have to request the deposit of the constitution of these organizations and other acts deposited by electronic means with which a greater agility and effectiveness of administrative action.

This royal decree is based on the effective realization of the rights recognized in Law 11/2007, of June 22, when implementing the electronic administration in the entire administrative procedure of deposit of the statutes of the trade union and business organisations.

However, it should also be borne in mind that imposing an obligation to use electronic means may in some cases prevent access to the registration of any trade union or association, or of its promoters, who lack electronic means. And taking into account that precisely access to the deposit is the form that the unions and the business associations have to acquire legal personality, it is previewed with exceptional character that those trade unions and associations Without electronic means, they can access the register through paper support, assuming the public offices the burden of their incorporation into the deposit by electronic means.

The measures contained in the royal decree are structured in four chapters:

Chapter I delimits the object of the rule and defines all those agreements or acts that are capable of being deposited electronically, as well as the effects of the deposit, which are not other than those of providing personality. legal and full capacity to act on trade union and business organisations.

Chapter II of the royal decree regulates applications for the deposit of the statutes of trade unions and employers ' organisations and other acts of registration, also determining the documentation to be submitted together with the request.

Chapter III regulates the administrative procedure of deposit, clearly establishes the moment of acquisition of the legal personality of the unions and the business organizations, regulates the means of access to the It provides for the existence of a statistical annex in order to provide information on the characteristics of trade union and business organisations.

Chapter IV creates the deposit of statutes of trade union and business organizations of a state or supra-autonomous area with operation through electronic means, and provides for the creation of deposits of territorial scope by the Autonomous Communities in the field of their competences. A central database of the statutes of the trade union and employers ' organisations, which is managed by the Ministry of Employment and Social Security, will be established and will be composed of the information provided by the public warehouse offices. of statutes.

Finally, and in line with the regulation of the adhesions and disties of the trade union organizations of federations and confederations of higher scope, the final provision first incorporates a new paragraph 5 Article 12 of the Rules of Procedure for representation in the company, which establishes how the electoral results are to be counted in these cases.

In the process of drawing up this royal decree, the most representative business and trade union organizations and autonomous communities have been consulted.

In its virtue, on the proposal of the Minister of Employment and Social Security, with the prior approval of the Minister of Finance and Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers in their meeting of May 29, 2015,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object.

According to the Organic Law 11/1985, of 2 August, of Freedom of Association and Law 19/1977, of April 1, on the regulation of the right of trade union association, this royal decree is intended to regulate the deposit of the the statutes of trade union and business organisations, consisting of employers with workers in their capacity, as well as other acts falling within their scope, managed by electronic means.

It is excluded from the scope of application of this royal decree that the statutes of professional associations of self-employed workers be deposited, which shall be governed by their specific legislation.

Article 2. Deposit of the statutes of the trade union and business organizations.

1. The trade union or business organisations governed by this royal decree must present their statutes in the competent public office because of their territorial scope of action, for the purposes of acquiring legal personality and full capacity to work.

2. They shall be the subject of deposit, in accordance with the procedure laid down in this royal decree, the statutes of the trade union organizations and the business associations, and the other documents certifying the performance of the following acts:

a) The formation of trade unions and business associations.

b) The constitution of federations and confederations of trade unions and business associations.

c) Statutory modifications.

Article 3. Repository of other documentation.

1. The documents certifying the performance of the following acts shall also be deposited:

(a) The affiliation of trade union and business organisations to others at a higher level, both functional and territorial, as well as their unbundling.

b) The merger and integration of trade union and business organizations.

c) The suspension and dissolution of trade union and business organizations.

2. In addition, trade union and business organisations will be able to deposit the designation and renewal agreements of the charges that represent their legal representation.

CHAPTER II

Repository Request

Article 4. Filing the deposit request.

1. The deposit application shall be submitted by electronic means to the competent public office, through the electronic address to which it is established, using the forms specifically provided for.

Exceptionally trade unions and business associations that demonstrate lack of electronic means may continue to carry out the procedures set out in Articles 5 to 10, presenting the documentation in the planned registers In Article 38 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

When the territorial scope of action of the trade union or business organisation is state or supra-regional, the competent public office shall be the Employment Directorate-General of the Ministry of Employment and Social Security. In the event that such an area does not exceed the territory of an autonomous community, the competent public office shall be that provided for in accordance with the rules of each community.

2. They shall be entitled to apply for the deposit, in the case of the formation of trade unions and business associations, their promoters or the person designated by them, and in the rest of the cases, the person appointed by the government of trade union or business organisations.

3. The deposit applications shall in any event contain:

a) Requester identification, contact phone, and email address.

b) Accreditation of the delegation to present the application, in the case of being presented by a person other than the promoters or representatives of the governing bodies, by means of any of the mechanisms provided for in the Article 18.

(c) The name of the organization, including its acronym or acronym, if any, which may not coincide or induce confusion with another legally registered.

d) The address of the organization's registered office.

e) The territorial and functional scope of action.

f) Tax identification number. In the event that the application is not available at the time of the application, the number shall be communicated for constancy after the application has been obtained.

g) In cases where the documentation is submitted in accordance with the second subparagraph of paragraph 1 of this Article, a responsible declaration signed by the subjects provided for in the second subparagraph shall be submitted. paragraph 2 of this Article, which shows the lack of electronic means and their inability to obtain them.

4. With the submission of the application, the subjects referred to in paragraph 2 of this Article may give their consent by authorizing the competent public office to obtain directly through electronic certificates the accreditation of the identity of the promoters or representatives of the governing bodies of the trade unions or employers ' organisations, as well as, in the case of the formation of trade unions, of the fulfilment of the status of workers in the terms provided for in Article 1.2 of the Organic Law 11/1985 of 2 August, or in the case of the establishment of business associations, of the status of employers with workers in their position who maintain a relationship with them for the provision of paid services.

Where some or some of the promoters or representatives of the management bodies of the trade union and business organisations do not consent to the verification of the data by the competent public office, must provide such documentation.

5. Together with the application for deposit, the specific documentation provided for in Articles 5 to 11 shall be accompanied by electronic means as well, depending on each of the acts which are the subject of deposit, except in the case provided for in the second subparagraph. of paragraph 1 of this Article.

Article 5. Constitution of trade unions and business associations.

1. A minimum number of three promoters shall be required for the formation of a trade union or business association.

2. The following documentation shall be accompanied by the deposit application:

a) Founding act, which shall contain:

1. First name and surname of the promoters of the union or the business association, domicile and tax identification number. In the case of legal persons, the name or social reason must be included with the identifying data of their representatives.

2. The name of the union or the business association, including its acronym or acronym, if any, which shall be the same as the one in the text of the statutes.

3. Place and date of the lifting of the act, which must be signed either digitally or in all its pages by the promoters, or by the representatives in the case of legal persons.

4. The designation of the members of the provisional governing bodies representing the organization.

(b) The approved statutes, which must be signed either digitally or on all their pages by the promoters, or by the representatives in the case of legal persons, shall contain at least:

1. The name of the union or the business association, including its acronym or acronym, if any, which may not coincide or mislead with another legally registered.

2. The address and territorial and functional scope of the union or business association.

3. The organs of representation, government and administration and their operating rules, as well as the regime of elective provision of their posts, which shall be in accordance with democratic principles.

4. º The requirements and procedures for the acquisition and loss of the membership condition.

5. The regime of modification of the statutes, of merger and dissolution of the union or of the business association, as well as, in the latter case, the destiny of the patrimony of the association that does not distort the character profit from trade unions and employers ' organisations.

6. The economic regime of the union or the business association that establishes the character, the origin and the destination of its resources, as well as the means that allow the members to know their economic situation.

7. The inclusion between the ends of the trade unions and of the business associations of the actual workers who identify them, being typical means of action, among others, the collective bargaining work, the the approach of collective labour disputes, social dialogue and institutional participation in the bodies of public administrations.

8. In the case of the business associations, the system of constancy of the associates in guarantee of the same.

The statutes may also contain any other legal provisions and conditions which the promoters consider appropriate, provided that they do not object to the laws or contradict the principles of the union or the business association.

(c) In the case of business associations, where the promoters of the business associations are representatives of a legal person, they shall provide evidence of such representation in accordance with Article 18 (b) and (c).

(d) Document in which the consent of the subjects referred to in Article 4 (2) is collected, in accordance with the terms set out in paragraph 4 of the same Article. In case of failure to provide consent, they shall provide the supporting documentation set out in that paragraph.

Article 6. Constitution of federations and confederations.

1.Only the sponsoring organisations whose statutes are deposited in the corresponding repository of statutes of trade union or business organisations may constitute federations and confederations.

2. The following documentation shall be accompanied by the deposit application:

a) Founding act, which shall contain:

1. The name and the tax identification and deposit numbers of each of the sponsoring organizations, as well as the name, surnames and tax identification number of their representatives and the position they hold in the organization.

2. Place and date of the lifting of the act, which must be signed either digitally or in all its pages by the representatives of each of the sponsoring organizations.

3. º The name of the new federation or confederation, including its acronym or acronym, if applicable, which shall be the same as the one in the text of the statutes.

4. The designation of the members of the provisional governing bodies representing the new federation or confederation.

b) Certification of the association agreements of the federation or confederation of each of the sponsoring organizations, issued by the persons or positions with the faculty to grant it in accordance with its statutes.

(c) The statutes of the new federation or confederation with the requirements set out in Article 5.2.b).

Article 7. Statutory amendments.

1.All amendments to the statutes of trade unions, employers ' associations and federations or confederations constituted by one or more others shall be subject to deposit.

2. The following documents shall be submitted together with the application:

(a) Minutes of the meeting of the general assembly or of the body competent for the statutory modification in accordance with the statutes of the organization, or certification of the latter by the person or positions with faculty to grant it in accordance with the statutes, which includes the agreement adopted by which the statutes and the relationship of modified articles are amended.

b) Full text of the new statutes containing the modified articles, either digitally signed or in all their pages by the representatives of the organization, in which it is stated, by means of the appropriate (a) the procedure laid down in Article 1 (2) of the Treaty, which is extended to the end of the document, which has been drawn up with the inclusion of the amendments agreed at the general assembly or, where appropriate, in accordance with the procedure laid down in its statutes; the date on which the modification was adopted.

3. The statutory modification which will result in the modification of the territorial scope of the organisation will lead to the transfer of the file to the competent repository and to the removal of the file after its inclusion in the new deposit.

4. Where the statutory amendment entails the disappearance of the work-related purposes and the transfer to the competent registry or repository is not requested, the public office shall make a request in accordance with the terms laid down in Article 13.2. If the requirement persists the discrepancy, the public office shall proceed to the deposit and publication of the statutes and their challenge to the competent judicial authority. In the event that the requirement is not answered, resolution shall be issued rejecting the deposit and agreeing to refer the file to the relevant register or deposit.

Article 8. Affiliation or disengagement of trade union and business organizations from other top-level organizations.

1.The decisions of trade unions and employers ' organisations will be deposited with federations or confederations of higher scope, both functional and territorial, as well as their disengagement from the trade unions. the same.

2. The following documents shall be submitted to the competent public office of each trade union or business organisation together with the application:

(a) For each of the organizations that affiliate or disassociate of the federation or confederation, the act or the certification of the agreement adopted to the effect, issued by the persons or positions with faculty to grant the compliance with its statutes.

b) In case of affiliation, act or certification of the acceptance agreement issued by the competent organ of the federation or confederation.

c) In case of disengagement, feisty communication to the organization from which it is disengaged.

Article 9. Merger and integration of trade union and business organisations.

1.Only mergers and integrations between sponsoring organizations that have their statutes deposited in the corresponding repository of statutes of trade union and business organizations shall be the subject of deposit.

2. The following documents shall be submitted together with the application:

(a) In the case of merger, for each of the organizations merging, the act or certification of the agreement adopted issued by the persons or positions with the faculty to grant it in accordance with its statutes, with the same Article 6 (2) (a) provides that the loss of legal personality of the organisations and the name of the resulting new organisation is also expressly reflected.

The statutes of the new organisation as set out in Article 5.2.b)

(b) In the case of integration, the act or certification of the arrangement of the organization that is integrated into which the loss of its legal personality is expressly reflected and the act or certification of the agreement of acceptance of the the organization to be integrated into, issued by persons, or charges with the right to grant them.

Article 10. Suspension and dissolution of trade union and business organizations.

1. Trade union or business organisations may only be suspended in their activities by a firm resolution of the competent judicial authority.

2. The organizations shall be dissolved by the causes provided for in their statutes and, in any case, by the will of the members expressed in general assembly called for the effect, as well as by the causes determined in the laws and by judicial judgment firm.

3. In the event of the dissolution of the organisation by a final judgment, the competent public office, on its own initiative, shall, on its own initiative, discharge the organisation of the corresponding deposit.

In this case, in order to allow the competent public office to discharge the dissolved organization, the judicial body shall transmit a copy of the final judgment to the public office of deposit of statutes in which they are deposited.

4. If the dissolution does not lead to a final judgment, the legitimate subjects referred to in Article 4.2 shall submit to the competent public office the application for discharge of the deposit with the content provided for in the Article 4.3.

The following documentation must be submitted to the competent public office in conjunction with the application:

(a) Cese of the heads of the governing and representation bodies, signed by them, or the reasons for the absence of signature.

(b) Identification data of all persons in charge, if any, of the settlement, with their respective signatures.

c) Communication of the destination to be given to the estate in accordance with its statutes, which will not be able to distort the non-profit nature of the organization.

(d) If the dissolution has taken place for any of the reasons provided for in the statutes, reference to the articles in which these causes are collected and document proving the date on which the case has occurred.

e) If the dissolution is a consequence of the will of the associates expressed in general assembly called to the effect, minutes of the meeting of the general assembly or certification of that issued by the persons or positions with faculty to grant it, including the date of adoption of the agreement, the quorum of attendance and the outcome of the vote.

Article 11. Designation and renewal of the charges that represent the legal representation of the trade union and business organizations.

1. The appointment and renewal agreements of the posts holding the legal representation of the trade union and business organisations may be deposited.

2. The application shall be accompanied by a record or certification of the agreement adopted, in the form of a choice determined in its statutes, extended by persons or positions with the right to grant the agreement, in which they shall be recorded, in addition to the date in which it was adopted:

a) The names, surnames, tax identification number, and the position they hold within the organization.

(b) The date of the appointment and, where applicable, of the ratification and acceptance by the holders.

CHAPTER III

General provisions on handling the deposit procedure

Article 12. Computation of deadlines.

The computer application that supports the state repository of trade union and business organizations will allow the submission of applications, written and communications every day of the year, during the twenty-four years. hours, and to this effect will show the official date and time of the time of filing.

For the purposes of calculating time-limits, the filing of an application on an indeft day shall be deemed to have been effected within the first hour of the following working day, even if the date and time of the date on which the application is made are received the document.

The calendar of working days for these purposes shall be determined each year in accordance with the provisions of Article 48.7 of Law No 30/1992 of 26 November 1992 of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

Article 13. Processing of the procedure.

1. Upon receipt of a request for the deposit of any of the acts provided for in Articles 2 and 3, the competent public office shall examine and verify whether it complies with the requirements laid down in Organic Law 11/1985 of 2 August or in Law 19/1977 of 1 April, according to whether they are a trade union or business organization, as well as in this royal decree.

When referring to acts referred to in Article 2 (a) and (b), a deposit code shall be assigned to it in accordance with the provisions of Annex I.

2. Where defects are noted in the application or the accompanying documentation, or where the name coincides with another registered or may mislead or confusion with it, the applicant shall be required for one time only to ensure that, within a period of (a) 10 days after the failure or accompanying the mandatory documents, indicating that, if it does not do so, the deposit shall be rejected by means of a resolution exclusively founded on the absence of any of the minimum requirements laid down in this Directive; royal decree.

3. If all the requirements laid down in those laws and in this royal decree are fulfilled, the competent public office shall decide to decide on the deposit and the advertising of the deposit, in which the date of deposit and the date of deposit shall be made. the number of deposit allocated, in the following pleases from the day the application is submitted or the defects referred to in the previous paragraph are remedied or resolved:

a) Ten days in the case of trade union organizations.

b) Twenty days in the case of business organizations.

The notifications issued through the application developed by the Ministry of Employment and Social Security shall be made by electronic means at the headquarters, as provided for in Article 40 of Royal Decree 1671/2009, November 6, for which the Law 11/2007, of June 22, of electronic access of citizens to Public Services is partially developed.

At the same time as the resolution, the competent public office shall give notice of the decision ordering its publication in the official gazette concerned, with the exception of those relating to the agreements referred to in Article 11, indicating at least the name, the territorial and functional scope, the identification of the promoters and signatories to the act of incorporation.

Article 14. Acquisition of legal personality.

Trade unions and employers ' organisations shall acquire legal personality and full capacity to act after 20 working days from the deposit of their statutes by the promoters, except in the case provided for in the Article 13.2. In which the trade union or business organization acquires legal personality and full capacity to work twenty working days after the documentation has been provided that accredits the subhealing of the defects indicated in the requirement of the public office.

Article 15. Resource regime.

Resolutions issued by the competent public offices may be challenged directly before the courts of the social order, in accordance with the provisions of Articles 167 et seq. of Law 36/2011, of 10 October, regulatory of the social jurisdiction.

Article 16. Electronic access systems supported by the deposit of statutes of trade union and business organisations.

The person submitting the application via electronic means shall refer it to the documentation referred to in Articles 4 to 11 through one of the following ways:

a) With your electronic certificate as set out in Law 59/2003, of 19 December, electronic signature, and in article 13 of Law 11/2007, of June 22, electronic access of citizens to the Services Public.

b) Through the system Cl@ve established by Order PRE/1838/2014, of 8 October, for which the Agreement of the Council of Ministers is published, of 19 September 2014, for which is approved Cl@ve, the common platform of the Sector State Administrative Public for identification, authentication and electronic signature by using concerted keys.

Article 17. Original documents in computer support.

The documents on computer support carried out by the competent public office have the consideration of original documents and are duly registered in the programs and in the applications of the procedure in electronic format.

The electronic documents that the stakeholders add to the request must be submitted in PDF format.

Article 18. Legal representation.

To accredit the representation by electronic means one of the following mechanisms can be used:

(a) The electronic signature certificate of a legal person in which the applicant is listed as a representative.

(b) The granting of a sufficient proxy or representation and subsequent verification by the competent public office, by any means accepted by the legal system. Such an office may require the accreditation of such representation at any time.

c) Enrollment in the Electronic Power Registry.

Article 19. Statistical data.

Deposit applicants must complete the statistical data collected in the official models listed in Annex II to this royal decree.

CHAPTER IV

Repositories of trade union and business organization statutes with operation through electronic media and central database

Article 20. Deposits of statutes of trade union and business organizations, with operation through electronic means.

1.The deposit of the statutes of trade unions and employers ' organisations at the state or supra-regional level, operating through electronic means, under the Employment Directorate-General of the Ministry of Employment, is hereby established. and Social Security as a competent public office in this field.

The deposit of the acts provided for in Articles 2 and 3, of a state or supra-regional level, shall be the responsibility of the General Administration of the State for the deposit of the acts provided for in Articles 2 and 3.

2. In each of the functional areas of Work and Immigration of Ceuta and Melilla, there will be a deposit of statutes of trade union and business organizations in the field of such cities with operation through electronic means.

3. The autonomous communities shall create and regulate deposits of statutes of trade union and business organisations operating through electronic means in the field of their competences.

Article 21. Legal nature.

The deposits regulated in this royal decree are administrative deposits of a public nature and electronic functioning, not having the nature of electronic registration as referred to in Law 11/2007, of June 22.

Article 22. Central database of statutes of trade union and business organizations.

The central database of the statutes of the trade union and employers ' organisations, which is managed by the Employment and Social Security Directorate-General of the Ministry of Employment and Social Security, will be established. information submitted by the public office of deposit of statutes.

For these purposes, the public offices, competent for their territorial scope of action, shall forward by electronic means to the central database within ten days any electronic seat practised in their territory. respective deposits, as well as the links to the official bulletins in which the resolutions for the deposit of the acts of deposit are included.

When the procedure has not been carried out by electronic means, within 15 days the public offices of deposit of statutes must incorporate to their corresponding deposit of statutes of trade union organizations and business, operating through electronic means, the identifying data of the trade union and business organizations and the documents that accredit the realization of the act that is the object of that deposit.

Article 23. Access to the deposited acts.

The acts which are the object of the deposit, once it is ordered by the competent public office, are public access with the guarantees provided for in the Organic Law 15/1999, of December 13, of the Protection of Data of Character Staff.

Any person shall be entitled to apply for certification of the acts to be deposited, which must be issued by the competent public office, respecting in any case the provisions of the Organic Law 15/1999, of 13 of December.

The text of the statutes of the trade union and business organizations is publicly accessible and may be examined by any person. The competent public office shall provide the competent public office with an authentic copy thereof.

The public office of statutes shall only issue the certifications of the charges provided for in Article 11, when it has been previously communicated to it, to whom it accredit to be the legal representative of the organization requesting the certification of your charges.

Additional disposition first. IT support of the central database of the statutes of the trade union and business organizations.

The General Administration of the State, through the Ministry of Employment and Social Security, will develop a computer application that will provide coverage to a central database of statutes of the trade union organizations and business and that it will be up and running within one month from the entry into force of this royal decree.

This computer application will also constitute the computer support for the deposit of statutes of union and business organizations of state or supra-autonomous, with operation through electronic means, attached to the Directorate-General for Employment of the Ministry of Employment and Social Security as a competent public office.

The development of the said computer application will be met with the ordinary budget availabilities and will not be able to increase the amount of appropriations or salaries or other personnel costs.

By means of a collaboration agreement, the Autonomous Communities will be able to join the IT application established in the Ministry of Employment and Social Security.

Additional provision second. Language of presentation of the documentation.

The documents to be deposited must be presented in Spanish. Autonomous communities with their own co-official language shall be governed by their own rules, as laid down in Article 36 of Law 30/1992 of 26 November.

Additional provision third. Preserving data from current repositories.

Competent labour administrations that create deposits of trade union and business organisations with operation through electronic means will take appropriate measures to ensure the preservation of the working data on existing deposits.

Additional provision fourth. Incorporation of data into the deposit of statutes of trade union and business organizations with operation through electronic means.

Within two years from the entry into force of this royal decree, the public offices of deposit of statutes must incorporate into their corresponding deposit of statutes of trade union and business organizations with operation by electronic means of the identifying data of the trade union and business organisations whose statutes are in their possession, as well as the reference of the actions carried out to date and the last text deposited.

If the deposit of the statutes of organisations not covered by Article 1 or which do not meet the requirements of Article 5.2 (b) 7 is detected in that process, the competent public office shall request their adaptation as provided for in Article 7.4.

First transient disposition. Procedures in processing.

The deposit applications submitted prior to the date of entry into force of this royal decree will be processed in accordance with the provisions of Royal Decree 873/1977 of 22 April on the deposit of the Statute of the organisations incorporated under Law 19/1977 of 1 April, regulating the right of trade union association.

Also, if the mechanisms that allow the processing of the procedure by electronic means of all or any of the acts that are the object of deposit are not enabled to the date of entry into force of this royal decree, These may continue to be carried out by the means in which they came to the date of entry into force of this royal decree until the electronic procedure permits its completion.

Second transient disposition. Actions prior to the first act of deposit by electronic means.

Trade union and business organizations already existing at the date of entry into force of this royal decree, who request the deposit of any act of deposit, must, prior to the same communicate if the the organisation is affiliated or not with another higher-level organisation, indicating where appropriate the exact name and the acronym or acronym of the organisation.

Transitional provision third. Adaptation to the central database.

For the purposes of complying with Article 22, autonomous communities which do not adhere to the IT application developed by the Ministry of Employment and Social Security shall have an application This information is compatible with the information that this Ministry believes within a period of one year from the entry into force of this royal decree.

Repeal provision. Regulatory repeal.

The Royal Decree 873/1977, of 22 April, is expressly repealed on the deposit of the Statutes of the organizations constituted under Law 19/1977, of April 1, regulating the right of Association of Trade Unions, thus how many provisions of equal or lower rank are opposed to the provisions of this royal decree.

Final disposition first. Amendment of the Rules of Procedure for the election of workers ' representation in the company, approved by Royal Decree 1844/1994 of 9 September.

The Rules of Procedure of the Workers ' Representation in the Company, approved by Royal Decree 1844/1994 of 9 September, are amended as follows:

A new paragraph 5 is added to Article 12, with the following wording:

" 5. Where a trade union organisation is affiliated with a higher-level union, all electoral results prior to those of the federation or confederation to which it has been affiliated shall be linked. Similarly, when a trade union organization is disassociated from another one of the higher scope, the electoral results corresponding to the organization that is separated will cease to be computed in the latter. "

Final disposition second. Competence title.

This royal decree is issued under the provisions of Article 149.1.7. of the Constitution, which attributes exclusive competence to the State in matters of labor law, without prejudice to its execution by the communities. standalone.

Final disposition third. Powers of development.

The holder of the Ministry of Employment and Social Security is authorized to make any provisions necessary for the application and development of the provisions of this royal decree.

Final disposition fourth. Entry into force.

This royal decree will enter into force 3 months after its publication in the "Official State Gazette".

Given in Madrid, 29 May 2015.

FELIPE R.

The Minister of Employment and Social Security,

FATIMA BANEZ GARCIA

ANNEX I

Rules for the award of the repository code

The repository code will be made up of 8 digits with the following configuration:

Digits 1 and 2: Common for each public office, according to the attached public office code table.

Digit 3. º: "0" for organizations prior to the entry into force of the deposit of statutes of trade union and business organizations operating through electronic means and "1" for subsequent ones.

Digits 4. º to 8. º: Sequential number that indicates the order of the organization's request.

ANNEX II

Statistics data

Functional scope of the organization.

1. Business union.

1.1 Only one company or business group.

1.2 Sector or sectors of economic activity.

2. Business association.

3. Union federation.

4. Business federation.

5. Trade union confederation.

6. Business Confederation.

Economic sectors for action.

All sectors of economic activity must be expressed in the four-digit performance of the CNAE 09.