Law 18/2014, of 15 October, of approval of urgent measures for growth, competitiveness and efficiency, coming from the Royal Decree-Law 8/2014, of July 4, of the same name, has carried out important amendments to Law No 14/1994 of 1 June 1994 governing temporary employment undertakings, with the fundamental objective of adapting it to the provisions of Law 20/2013 of 9 December 2013 on the guarantee of the market unit, which provides for the the basic principle of national effectiveness of authorisations. Although the system of authorisation is maintained in law, it is considered that it is justified on grounds of public policy relating to the fight against fraud, as a guarantee of the rights of workers and of the system of Social security, it is simplified by the abolition of any limitation as to the territorial scope of action of the temporary work enterprises or any requirement of extension or extension of the authorizations.

If this is added to the time that has elapsed since the approval of the current Royal Decree 4/1995, of 13 January, for which Law 14/1994 is developed, it is necessary to approve a new regulation, since it is a question not only to adapt it to those last legal changes, but also to update a good part of its content after twenty years of validity.

The objectives of this royal decree are, fundamentally, the following three:

First, to adapt its content to the recent changes introduced in the law, mainly with regard to the system of administrative authorization for the development of the constitutive activity of a business temporary. This applies both to the validity and effectiveness of the authorisation itself and to the rules of application for the determination of the competent administrative authority. In addition, the new deadline is set for the legal standard to allow the competent labour authority to resolve the application for an authorisation submitted, which has elapsed from three months to one month.

Secondly, to implement the electronic administration in the entire administrative procedure in the field of temporary work enterprises. It is necessary to take into account that Article 45 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, establishes that the Public Administrations will promote employment and the application of electronic, computerised and telematic techniques and means for the development of their activities and the exercise of their powers. Subsequently, one of the objectives of Law 11/2007, of June 22, of electronic access of citizens to Public Services, was the establishment of the right of citizens to carry out by electronic means the same procedures as can be carried out in an in-person manner. In addition, it provides that public administrations may, in certain cases, be able to regulate in certain cases the obligation for communications to be made by electronic means.

For all this, the regulation, for administrative authorities and for companies, provides for the compulsory use of electronic means both for the formalities of the authorisation procedure and, subsequently, for the fulfilment of the reporting obligations, which will undoubtedly facilitate the action of all the subjects involved and contribute to greater agility and effectiveness at all stages. However, such operation by electronic means requires the existence of computer applications which deal with the reception and processing of the documentation provided, so the rule provides that, on a transitional basis and up to the last day of the month following the month in which the mechanisms permitting the processing of the procedure by electronic means are enabled, the formalities can continue to be carried out by the same means in which they have been made to this time.

Third, and as has already been advanced, to update the regulatory standard, so that it adapts to the different normative changes produced during the period of validity of the previous royal decree and that have affected the regulation of the activity of temporary work enterprises.

The regulation approved by this royal decree is structured in seven chapters:

In Chapter I, referring to the subject matter of the regulation, the reference to the activities that may be developed by temporary work enterprises is included.

Chapter II is dedicated to the administrative authorization which, in accordance with the law, is unique, is effective throughout the national territory and is granted without a limit of duration. This includes the way in which the competent labour authority is determined, as well as the administrative procedures to be followed, both for the application for authorisation, including the case for the resumption of activities, and for the extinction of the same; procedures in which electronic means must be used.

Chapter III develops the legal obligation for temporary work companies to provide a financial guarantee and in it the rules of application for the determination of their value, as well as the requirements of the must be observed for both the performance of the warranty and its release.

Chapter IV, dedicated to the Register of Temporary Work Enterprises, contains one of the fundamental novelties of the standard, the central database managed by the Ministry of Employment and Social Security, to which it must Part of the information that exists in the Temporary Work Business Records of the different labor authorities.

Chapters V and VI are related to the formal requirements and the content of, respectively, the contract of making available and the contract of employment.

Chapter VII contains the reporting obligations for the temporary work company, both in respect of the Administration, in respect of which it must, in any event, employ electronic means, as regards the company user.

Prior to the approval of this royal decree, the most representative business and trade union organizations have been consulted. The autonomous communities have also 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:

Single item. Adoption of the Regulation.

The Regulation of temporary work enterprises, the text of which is included below, is approved in application of the single final provision of Law 14/1994 of 1 June on the regulation of working companies temporary.

Single additional disposition. IT application and collaboration conventions.

1. Within nine months of the entry into force of this royal decree, the Ministry of Employment and Social Security will develop an IT application which will provide coverage to a central database of temporary and temporary employment enterprises. Record of Temporary Work Enterprises.

2. The cooperation agreement between the Ministry of Employment and Social Security and the Autonomous Communities will be linked to the collaboration between the labor authorities responsible for the records of temporary work enterprises. The autonomous communities may accede to the computer application referred to in the previous paragraph or use their own IT applications compatible with that of the Ministry.

First transient disposition. Procedures initiated.

To the procedures included in the scope of the Regulation that is approved by this royal decree initiated prior to its entry into force will apply the regulations in force at the time of its (a) the Commission shall, in so far as it does not object to the provisions of Law 14/1994 of 1 June, in the wording in force from 5 July 2014.

Second transient disposition. Processing by electronic means.

Until the last day of the month following the month in which the mechanisms permitting the processing of the procedure are enabled by electronic means, all formalities may continue to be carried out by means of They came to the date of entry into force of this royal decree. The list of contracts for making available must be based on the model established in the provisions for the development of this royal decree.

Single repeal provision. Regulatory repeal.

1. Royal Decree 4/1995 of 13 January 1995, implementing Law 14/1994, of 1 June, on the regulation of temporary employment undertakings, is hereby repealed.

2. Likewise, all rules of equal or lower rank are repealed in what they contradict or oppose to the provisions of this royal decree.

Final disposition first. Constitutional foundation.

This royal decree is issued in accordance with the provisions of Article 149.1.7. of the Spanish Constitution, which attributes exclusive competence to the State in matters of labour law without prejudice to its execution by the organs of the of the Autonomous Communities.

Final disposition second. Regulatory enablement.

The Minister of Employment and Social Security is hereby authorized to make any provisions necessary for the implementation and development of the provisions of this royal decree.

Final disposition third. Entry into force.

This royal decree and the Regulation it approves shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid, 29 May 2015.

FELIPE R.

The Minister of Employment and Social Security,

FATIMA BANEZ GARCIA

TEMPORARY WORK COMPANIES REGULATION

CHAPTER I

General provisions

Article 1. Object.

1. The purpose of this Regulation is to regulate the system of the constitutive activity of temporary employment undertakings, in accordance with the definition contained in Article 1 of Law 14/1994 of 1 June 1994 governing the employment of workers temporary.

2. The other activities which, in accordance with the provisions of that law, may be carried out by temporary employment undertakings, such as placement agencies, for the development of training activities for the vocational or training qualification advice and consultancy on human resources, shall be governed by the specific rules applicable to them.

CHAPTER II

Administrative authorization

Article 2. Administrative authorization.

1. Natural or legal persons intending to carry out the constitutive activity of a temporary work undertaking shall obtain prior administrative authorisation from the competent labour authority.

2. The administrative authorisation shall be unique and shall be effective throughout the national territory and shall be granted without limit of duration.

Article 3. Competent labour authority.

1. For the purposes set out in this Regulation, the following competent labour authority shall be:

(a) The competent authority of the autonomous community in which the temporary work company's centre or work centres are located if at the time of application it has centres in a single autonomous community.

(b) The Employment and Social Security Directorate-General of the Ministry of Employment and Social Security if at the time of the application the temporary agency has work centres in two or more autonomous communities.

c) The Government Delegations of Ceuta or Melilla, in the case of companies that only have work centers in one of these cities.

2. In the case of a temporary work undertaking no longer having a working centre in the autonomous community which has granted the administrative authorisation, it shall be the competent labour authority of the autonomous community in which it has If you have them in two or more autonomous communities, the Ministry of Employment and Social Security will have two or more autonomous communities.

In the event that a temporary work company that has been authorized by the Employment and Social Security Directorate-General of the Ministry of Employment and Social Security is no longer available for work in all the autonomous communities except in one, it shall be the competent labour authority of the autonomous community at which it has the centre.

In such cases, the labour authority which ceases to be competent shall transfer the entire file to the authority which becomes competent by application of the above rules. The change of competent authority shall not assume that the temporary work undertaking is required to meet new requirements or to undertake additional formalities with the new authority.

Article 4. Authorization to start activities.

1. In the application for authorisation, which shall be submitted to the competent labour authority, the following data shall be recorded in any case:

a) Full identification of the requester.

(b) The name of the company, in which the terms "temporary work enterprise" or its abbreviation "ETT" must necessarily be included.

(c) The registered office of the business and domicile of the job centres.

d) Tax identification number and social security contribution account codes.

2. The application for authorisation, to be submitted by electronic means in the Register referred to in Chapter IV, shall be accompanied by electronic means as well as the following documentation:

(a) sufficient power in law, if the applicant acts on behalf of a legal person, unless the application is submitted by means of a certificate of electronic signature of a legal person in which the applicant appears as a proxy or that the applicant is registered with the Electronic Power Registry.

(b) When the application is made by legal persons, accrediting certification of the company's registration, whatever the form it reviews, in the Commercial Registry or in the corresponding Register of Cooperatives. In addition, a copy of the deed of incorporation entered in the relevant Register and, where applicable, statutes of the company shall be provided.

(c) Copy of the supporting documentation of having constituted the financial guarantee referred to in Article 3 of Law 14/1994 of 1 June, in accordance with the provisions of Article 8 of this Regulation, the original documentation in the following three working days.

(d) Explanatory note to the organisational structure with which the company counts, detailed by work centres, supporting compliance with the requirements set out in Article 2.3 of Law 14/1994 of 1 June.

3. The application shall be submitted by means of the electronic address to which it is established, using the forms specifically provided for.

Applicants may accompany as many documents as they deem appropriate to specify or complete the data in the form, which must be admitted and may be taken into account by the body to which they are addressed.

4. In his application, the applicant may authorise the competent labour authority to obtain, directly, through electronic certificates, the accreditation of his identity, as well as the accreditation of the undertaking being in the current in compliance with their tax obligations and with social security.

Where the applicant does not expressly authorise the verification of the data by the competent labour authority, it shall provide the relevant documentation.

5. The competent labour authority shall decide within one month from the date of entry of the application into the register of the administrative body, estimating or dismissing the request made. After that time limit without any express resolution, the application shall be deemed to be estimated.

Against the decision, an appeal may be brought within one month before the hierarchical superior body of which the decision is made.

6. Administrative authorizations will be numbered in accordance with the provisions of the development of this royal decree. The assigned number shall be retained throughout the life of the temporary work undertaking and shall only be given new numbering for the resumption of activities or for change of competent labour authority.

7. The authorisation shall expire when the undertaking ceases to carry out the activity consisting in making workers available for an uninterrupted year. Where the competent labour authority verifies that such a circumstance is present, it shall carry out the relevant registration seat and communicate it to the undertaking.

Article 5. Procedure for the extinction of the authorization.

1.If the competent labour authority appreciates the undertaking's failure to comply with the maintenance obligations of an appropriate organisational structure or annual update of the financial guarantee, in the indicated terms In Article 2.7 of Law 14/1994 of 1 June 1994, the procedure for the termination of the authorization, formally communicating to the company the irregularities observed. At the same time, it will request a mandatory and non-binding report from the Labour and Social Security Inspectorate and the report of the legal representatives of the workers of the temporary work company, to whom it must send a copy of the communication. made to the company. The reports must be issued within 15 days.

2. Without prejudice to its right to make such claims as it deems appropriate, the undertaking must prove that the obligations referred to in the previous paragraph have been fulfilled within a maximum of one month of the notification.

3. On the expiry of a period of one month without the undertaking having established such compliance, the competent authority shall, after hearing the undertaking, give a decision within the maximum period of one month in which it shall declare the authorization to be terminated as temporary work enterprise, specifying the deficiencies or deficiencies that justify it.

4. The resolution declaring the extinction shall be liable to be brought before the hierarchical superior of the one who issued it. Without prejudice to the possibility of recourse to social jurisdiction, the declaration of extinction shall be fully enforceable from the moment when the decision becomes final on an administrative basis.

Once the resolution is signed, the company will be ordered down in the Temporary Work Business Register.

In this case, the maintenance of the activity as a temporary work company will determine the administrative responsibilities and all order to take place.

Article 6. Authorization to resume activities.

1. The temporary work company must request new administrative authorization in the following cases:

(a) When the authorisation has expired for not having carried out the activity consisting in making workers available for at least one uninterrupted year.

b) When the competent authority has declared the authorization to be extinguished.

(c) When, in accordance with the provisions of Article 41.3 of the recast of the Law on Infractions and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000 of 4 August, it has been sanctioned with the suspension of activities for one year for having incurred a repeat offence in the commission of offences defined as very serious in Article 18.3 of that recast text.

2. In these cases, the authorisation procedure will be in line with the provisions of Articles 3 and 4 of this Regulation, the company being required to provide all the information and to provide those documents which are not in the hands of the labour authority. competent. The application for a renewal authorization shall also be accompanied by the documentary justification for having allocated 1% of the wage bill to the training of contract workers to be transferred to user undertakings and to the declaration. of the staff costs, all corresponding to the last economic activity of the activity.

Article 7. Report of the Labour and Social Security Inspectorate.

1. In the authorisation procedures provided for in the preceding Articles, the competent labour authority shall, by electronic means, request the Inspection of Labour and Social Security, with a mandatory and non-binding nature. The report shall deal with the organisational structure and means at the disposal of the temporary work undertaking, which may be indicated by the applicant authority for specific extremes to be checked in particular.

2. The report shall also be sent by electronic means to the labour authority within the period of 15 days from the date of receipt of the request.

CHAPTER III

Financial Warranty

Article 8. Financial collateral.

1. Temporary work undertakings shall, at the disposal of the labour authority which grants the administrative authorisation, constitute a financial guarantee which may consist of:

a) Deposit in cash or public securities in the General Deposit Box or in its branches.

b) Aval or bond of solidarity provided by a bank, savings bank, credit union, mutual guarantee company, or insurance policy contracted to the effect.

Such guarantees shall be made in accordance with the rules governing and shall have the effects of their own accord.

2. In order to obtain the authorisation and during the first year of the financial year, the financial guarantee shall be equal to 25 times the minimum inter-professional salary in force at the time the application is submitted, on an annual basis.

The company must update the financial guarantee annually, so that in subsequent years the guarantee reaches an amount equal to 10 percent of the wage bill of the previous immediate economic year, without in no case that amount may be less than twenty-five times the minimum inter-professional salary in force at any time, on an annual basis.

3. Within the first three months of each calendar year, the company must certify the update of the guarantee to the competent labour authority.

4. If the closure of work centres determines an alteration of the competent regime, the financial guarantee already lodged shall be made available to the competent labour authority.

5. The security lodged shall be liable in the manner provided for in Article 10 of the claims for compensation, salary and social security. Where the security has been fully or partially executed, the temporary work undertaking shall, within 15 days of its execution, replace the security in the appropriate amount and communicate it to the labour authority. competent. Otherwise, the procedure laid down in Article 5 shall be initiated.

Article 9. Wage bill.

1. For the purposes laid down in Articles 3 and 12 (2) of Law 14/1994 of 1 June 1994, the total wage and extranalarial remuneration payable by all the employees employed by the undertaking in question is taken into account by mass of wages. temporary to be transferred to user companies, with the exception of the following concepts:

(a) Social Security benefits and allowances.

b) Compensation for transfers, suspensions and contract extinctions.

(c) Compensation or compensation for expenses incurred by workers as a result of their work.

2. Social security contributions and other concepts of joint collection by the employer shall not be considered an integral part of the wage bill.

3. Where the temporary work undertaking is an associated cooperative, the wage bill shall be understood as the salary and extranalarial remuneration paid by the contract workers to be transferred, calculated in accordance with the Paragraph 1, as well as the labour advances received by the workers ' partners transferred to user undertakings.

4. Within the first three months of each calendar year the undertaking shall submit to the competent labour authority a formal declaration concerning the amount of the salary mass of the previous year.

Article 10. Execution of the financial guarantee.

1. The guarantee lodged by the temporary agency shall be liable for compensation claims as well as for the wage debts contracted with the contract workers to be transferred to user undertakings, when the said debts are pending payment, once they have been recognised or set out in the act of conciliation or final judicial decision. In addition, the guarantee shall be liable for the debts of the Social Security contributions and other concepts of joint recovery referred to by those temporary workers once they have been determined by means of award or However, the General Treasury of the Social Security has issued an embargo.

2. The worker concerned may ask the competent labour authority to carry out the financial guarantee when the circumstances provided for in the previous paragraph are met. The application for enforcement shall be accompanied by the following documents:

a) Supporting documentation of the identity of the applicant.

(b) Credit documents for the existence of the recognised salary or compensation claims in their favour, as provided for in paragraph 1.

(c) Accrediting documents of the applicant's employment relationship with the temporary work company whose financial guarantee is required to respond to outstanding debts.

3. The time limit for the worker to request the execution of the financial guarantee shall be one year from the date of the act of conciliation or final court judgment in which the debt is recognised for wages or allowances.

This time limit shall be interrupted by the exercise of the executive or credit recognition actions in the insolvency proceedings and by the other legal forms of interruption of the prescription.

4. Where the financial guarantee is insufficient to satisfy all the existing appropriations, it shall be implemented in accordance with the following order:

(a) First of all, the salaries corresponding to the last thirty days of work in amounts that do not exceed twice the minimum inter-professional salary shall be absolute preference on any other credit.

The remainder of the financial guarantee, after the payment of the salaries in the amount set out in the preceding paragraph, shall apply to the payment of the remaining salary debts. To this end, the ranking among all creditors shall be determined by the order of dates for the submission of applications for the execution of such security.

(b) Second, a preference shall be given to claims for financial compensation resulting from the termination of making contracts up to a maximum of 12 days ' salary.

If the remaining financial guarantee is in place after the payment of the compensation claims referred to in the preceding paragraph, the payment of the remaining indemnification debts shall be applied to the ranking provided for in the last paragraph. of point (a) of this paragraph.

c) Finally, the Social Security fee credits and other joint collection concepts.

5. In the event of a contest, the classification of the appropriations, as well as the implementing actions which the workers may exercise for the recovery of the salaries and severance payments which may be owed to them, shall be subject to the provisions laid down in the Law 22/2003, of July 9, Bankruptcy.

6. If the financial guarantee is insufficient, the user companies, in accordance with the provisions of Article 16.3 of Law 14/1994 of 1 June 1994, shall be liable in the subsidiary to the salary, compensation and social security obligations. contracted with the transferred worker during the term of the contract of making available, or in solidarity in the event that the contract has been made in breach of the provisions of Articles 6 and 8 of that legal text.

Article 11. Release of the warranty.

1. As provided for in Article 3.5 of Law 14/1994 of 1 June, the financial guarantee shall be released and returned to the temporary work undertaking where it has definitively ceased its business and is accredited to the labour authority. which has no compensation, salary and social security obligations.

To this end, the temporary agency shall submit an application by electronic means in which it may authorise the competent labour authority to obtain directly, through electronic certificates, the accreditation of the absence of all of its staff in Social Security, as well as the accreditation that the company is aware of its obligations to Social Security.

In the event that the applicant does not authorize the verification of the data by the competent labour authority, it shall provide the relevant documentation.

Next to the application you must also present a copy of the appropriate signed finiquitos.

2. For the purposes of the preceding paragraph, the employment authority shall be directed to the administrative services of mediation, arbitration and conciliation and to the courts of the social order to communicate if there is any procedure pending in relation to the temporary work undertaking which may make the retention of the financial guarantee necessary.

3. Where the undertaking has ceased its business and has outstanding obligations as provided for in paragraph 1, the security shall be forfeited in accordance with Article 10.

CHAPTER IV

Temporary Work Business Records

Article 12. Temporary Work Business Records.

1. In accordance with Article 4 of Law 14/1994 of 1 June 1994, each of the competent labour authorities for granting administrative authorisations to temporary employment undertakings shall carry out a Register of Work Enterprises. Temporary, with operation by electronic means, which shall be public in nature.

2. The Records of Temporary Work Enterprises, of a public nature and electronic functioning, do not have the nature of electronic registration referred to in Law 11/2007, of June 22, of electronic access of citizens to the Services Public.

Article 13. Register seats.

1. The registration of temporary work undertakings shall be carried out electronically by the competent labour authority at the same time as the granting of the administrative authorisation, with the following particulars:

a) Full identification of the temporary work company.

(b) Identification of the individual employer or legal person, as well as of those who have management positions or are members of the administrative bodies in the latter, and number of administrative authorisation.

(c) The registered office of the business and domicile of the job centres.

(d) Financial guarantee, expressing the amount and the form in which it is constituted.

2. An administrative authorisation number shall be assigned in the act of registration in accordance with the provisions of the development of this royal decree.

3. In the case of communication of changes referred to in points (a) and (b) of Article 17.2, the labour authority shall carry out the relevant registered seat, to which effect the undertaking shall provide a copy of the registration certificate of the Trade Register or, where applicable, the corresponding Register of Cooperatives or to authorize the labor authority to obtain from the Trade Registry or the Register of Cooperative certification of the registration.

Also, the registration seats corresponding to the changes in the amount and form of the financial guarantee, openings and closures of work centers and the cessation in the activity of the work company will be practiced. temporary.

4. The body of the Ministry of Employment and Social Security or of the Autonomous Community which, in accordance with the provisions of Article 41.3 of the recast of the Law on Infractions and Sanctions in the Social Order, has agreed to suspend the activities of a temporary work undertaking for having incurred a repeat offence in the commission of offences classified as very serious in Article 18.3 of that recast text, shall bring it to the attention of the competent labour authority (a) the transfer of the judgment in which the penalty is imposed, for the purpose of practising the Register seat.

Article 14. Central database.

1. From the information available in the Temporary Work Enterprise Registers, the data listed below will be incorporated into a central database, the management of which will be the responsibility of the Directorate-General for Employment of the Ministry of Employment and Social Security:

a) Company identification.

(b) Authorisation for the development of the business of temporary work, including resumption assumptions, as well as suspension or cessation of activities.

(c) The registered office of the business and domicile of the job centres.

d) Company social address changes and job center openings and closures.

(e) Relations of the procurement contracts referred to in Article 17.1.

2. The data referred to in points (a), (b), (c) and (d) shall be publicly accessible.

3. The data in point (e) shall be accessible to the labour authorities.

CHAPTER V

Making Contract

Article 15. Contract for making available.

1. The contract shall be formalised in writing, in the official model established in the provisions for the development of this royal decree, in duplicate, and shall contain at least the following information:

(a) Identification data of the temporary work company, including the approval number, tax identification number and social security contribution codes.

(b) Identification data of the user undertaking, indicating, expressly, the tax identification number and the social security contribution code.

c) Supposed of celebration, with concrete expression of the cause justifying it, as provided for in article 6.2 of Law 14/1994, of 1 June.

d) Content of the required work and qualification.

e) The one set out in Article 2 of Royal Decree 216/1999 of 5 February on minimum health and safety provisions at work in the field of temporary work enterprises.

f) Common services and collective facilities of the user enterprise.

g) Expected duration of the contract.

h) Place and time of work.

i) Price agreed.

j) Total retribution.

k) Collective application agreement in the user enterprise.

2. In addition, in the case of contracts for training and learning, the contract for the provision of the contract will designate the person of the user undertaking who will be responsible for the development of the worker's employment activity.

3. Contracts for making available which, without removing any of the concepts contained in the model laid down in the implementing provisions of this royal decree or altering their name, contain changes of a purely nature formal or include additional elements of information shall be considered as adjusted to the model.

CHAPTER VI

Job Contract

Article 16. Contract between the temporary work company and the worker.

1. The contract concluded between the temporary work undertaking and the worker to be made available to user undertakings shall be formalised in writing, in duplicate, the content of which must be communicated to the public employment office within the ten days after their conclusion, on the terms that they regulate are established.

2. Without prejudice to the requirements of the rules applicable to each modality, the fixed-term employment contract, in accordance with that of the contract for making available, shall contain at least the following data:

(a) Identification of the contracting parties, stating in the case of the temporary work undertaking the administrative authorisation number, the tax identification number and the security contribution codes Social.

b) Identification of the user company, specifying the tax identification number and contribution code to the Social Security.

c) Cause of the making contract.

d) Job delivery content.

e) Information referred to in Article 2 of Royal Decree 216/1999 of 5 February.

f) Expected duration of the work contract.

g) Place and time of work.

h) Remuneration agreed.

i) Collective agreement applicable to the temporary work company and to the user undertaking.

3. In the case of a contract in practice, in addition to the data referred to in the preceding paragraph, the worker's qualifications shall be expressly stated.

4. In the case of a contract for training and learning, in addition to the data referred to in paragraph 2, the Annex relating to the agreement for the training activity shall be included in accordance with the provisions of Royal Decree 1529/2012 of 8 May. November, for which the contract for training and learning is developed and the foundations of dual vocational training are established.

5. Where the worker has been recruited for an indefinite period by the temporary work undertaking, he shall be given, each time he/she is to provide services in a user undertaking, the corresponding order of service, indicating:

a) Identification of the user undertaking in which to provide services, specifying the tax identification number and the social security contribution code.

b) Cause of the making contract.

c) Job benefit content.

(d) Information referred to in Article 2 of Royal Decree 216/1999 of 5 February.

e) Place and time of work.

CHAPTER VII

Reporting Obligations

Article 17. Reporting obligations to the Administration.

1. Temporary work enterprises are obliged to forward by electronic means to the Register of Temporary Work Enterprises of the competent labour authority, within the first ten days of each month and in the model established in the provisions for the development of this royal decree, a list of the contracts for making available in the previous month, in which it must be stated:

a) Name, tax identification number and contribution code to the Social Security of the job centers of the user companies.

(b) Number of contracts concluded with each of them, broken down by way of conclusion, in accordance with the provisions of Article 6.2 of Law 14/1994 of 1 June.

(c) Total number of workers made available to user companies. If a worker has been transferred on more than one occasion to the same or different user undertaking, it shall be computed only once.

This documentation will also be transmitted in the event that the company has not made available contracts, making such a circumstance clear.

2. Temporary work firms are also required to communicate to the labour authority within 15 days of their production or, where appropriate, the notification of their registration in the relevant Trade Register or Register of Cooperatives, the following acts:

a) The company's ownership and social address changes.

(b) The change of persons who hold positions of management or are members of the administrative bodies in companies that review the legal form of society, indicating their identifying data.

c) The opening of new job centers.

d) The closure of job centers.

e) The cessation of the activity as a temporary work company.

Article 18. Reporting obligations to the user undertaking.

1. The temporary work undertaking shall provide the user undertaking with the following documentation in relation to the workers who have transferred:

a) Copy of the work contract or the corresponding service order.

(b) Supporting documentation of having complied with the salary obligations contracted with such workers and in the field of Social Security.

2. In the case of a contract for training and learning, the temporary work undertaking shall provide the user with the Annex relating to the agreement for the training activity in accordance with its specific rules.

Additional disposition first. Application of the Law on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Without prejudice to the particularities provided for in Law 14/1994 of 1 June 1994 governing temporary employment undertakings and in this Regulation, the provisions of Law No 30/1992 of 26 May 1992 will be laid down as a general rule. November, the Legal Regime of Public Administrations and the Common Administrative Procedure, and its implementing rules.

In the field of violations and sanctions, the recast of the Law on Infringements and Sanctions in the Social Order, approved by Royal Decree-Law 5/2000 of 4 August, and other provisions will apply. regulations on sanctioning procedure.

Additional provision second. Employment contracts for young employment.

Until the unemployment rate is below 15 percent, and in accordance with the provisions of the fifth and the first transitional provisions of Law 11/2013 of July 26, of measures to support the entrepreneur and (i) encouragement of growth and job creation; provision may also be made for contracts to be made available between a temporary work firm and a user undertaking in the same circumstances and under the same conditions and conditions as the the user undertaking could enter into a work contract of first young employment as set out in the Article 12 of that Act.

In this case, and for the purposes of Article 15.1.c), it must be specified in the contract of making available that the contract is concluded under this assumption.

Single transient arrangement. Authorization numbers in effect.

Authorizations granted to temporary work enterprises prior to the entry into force of this Regulation will keep the number initially allocated.