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Law 18/2014, on 15 October, adoption of urgent measures for growth, competitiveness and efficiency, of the Royal Decree-Law 8/2014, of 4 July, of the same name, has carried out significant changes in Act 14/1994 of 1 June, which regulates the companies of temporary work, with the objective of adapting the provisions of law 20/2013 , 9 December, guarantee of the unity of market, which establishes as a basic principle of national effectiveness of authorizations. While remains in law the system of authorization, to consider that this is justified by reasons of public order related to the fight against fraud, as a guarantee of the rights of workers and the Social security system, simplifies the Suppression of any limitation on the territorial scope of the temporary work companies or any need of expansion or extension of authorisations.
If we add to this the time elapsed since the adoption of the so far existing Royal Decree 4/1995 of 13 January, whereby the Act 14/1994, develops it is necessary the adoption of a new regulation, since it not only adapt to the latest legal changes, but also update much of its content after twenty years.
The objectives of this Royal Decree are, essentially, the following three: firstly, adapt your content to recent changes in the law, mainly with regard to the regime of administrative authorization for the development of the constitutive activity of temporary employment business. And this both in relation to the validity and effectiveness of the own authorization in relation to the rules of application for the determination of the competent administrative authority to the effect. In addition, includes the new deadline that the legal rule sets to the competent labour authority resolved presented authorization, which has gone from three months to one month.
In second place, implement the management electronics in all the procedure administrative in matter of companies of work temporary. It is necessary to take into account that article 45 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, establishes that public administrations will boost employment and implementation of techniques and electronic, informatic and telematic, means for the development of its activity and the exercise of its powers. Subsequently, one of them objectives of the law 11 / 2007, of 22 of June, of access electronic of them citizens to them services public, was the establishment of the right of them citizens to perform by means electronic them same steps that is can lead to out of form face-to-face. In addition, the law provides for public administrations may be established by law, in certain cases, the requirement that communications be made by electronic means.
Therefore, he is set in the regulation, to the administrative authorities and for businesses, the mandatory use of electronic media for the procedure of authorization procedures, subsequently, for both the fulfilment of reporting obligations, what will undoubtedly facilitate the performance of all the subjects involved and contribute to greater agility and efficiency at all stages. Now well, such operation by media electronic requires of it existence of applications computer that is occupy of the reception and treatment of the documentation provided, by what the standard provides that, with character transient and until the last day of the month following to that in that is are enabled them mechanisms that allow the processing of the procedure by media electronic proceedings may continue to make by the same means in which were doing so far.
In third place, and as already is has in advance, update the standard regulatory, so is suits to them different changes regulatory produced along the period of validity of the previous real Decree and that have affected to the regulation of the activity of them companies of work temporary.
The regulation approved by Royal Decree is divided into seven chapters: chapter I, referred to the object of the regulation includes the reference to the activities that can develop temporary work companies.
Chapter II is dedicated to administrative authorization that, pursuant to the law, is unique, has efficiency throughout the national territory and is granted without limit of duration. It is included in the mode that determines the competent labour authority, as well as administrative procedures to be followed, so the request for authorization, including resumption of activities, as for the extinction of the same; procedures in which must have of use are media electronic.
Chapter III develops the legal obligation of the companies of temporary work constitute a financial guarantee and it contains the rules of application for the determination of its amount, as well as the requirements that must be observed for their release both the execution of the guarantee.
He chapter IV, dedicated to the register of companies of work temporary, contains an of them news fundamental of the standard, the database central managed by the Ministry of employment and security Social, to which must incorporate is part of the information existing in them records of companies of work temporary of them different authorities labor.
Chapters V and VI are referred to the formal requirements and the content of, respectively, the contract of provision and the contract of employment.
Chapter VII contains reporting obligations for the company of temporary work, both with respect to the Administration, for whose implementation has, in any case, use electronic means, with respect to the user enterprise.
The most representative trade unions and business organizations have been consulted prior to the adoption of the present Royal Decree. Also, have been consulted the communities autonomous.
In his virtue, to proposal of the Minister of employment and security Social, with it approval prior of the Minister of Hacienda and administrations public, in accordance with the Council of State and prior deliberation of the Council of Ministers in its meeting of the day 29 of mayo of 2015, HAVE: article only. Adoption of the regulation.
Approves the regulation of temporary work companies, whose text is then included in application of the sole final provision of the Act 14/1994, 1 June, which regulates temporary work companies.
Sole additional provision. Computer application and collaboration agreements.
1. within a maximum period of nine months from the entry into force of this Royal Decree, the Ministry of employment and Social Security will develop a software application which will give coverage to a central database of temporary work with the registry of companies of temporary work.
2. by agreement of collaboration between the Ministry of employment and security Social and them communities autonomous is articulate the collaboration between them authorities labour responsible of them records of companies of work temporary. The communities autonomous may adhere is to the application computer to is concerns the paragraph previous or use applications computer own compatible with it of the Ministry.
First transitional provision. Initiated procedures.
The procedures included in the scope of application of the regulation which is approved by the present Royal Decree initiated prior to its entry into force it will be application regulations at the time of its inception in what does not object to provisions in the Act 14/1994, on 1 June, in the existing wording of July 5, 2014.
Second transitional provision. Processing by electronic means.
Until the last day of the month following that in which enabled are the mechanisms that allow the procedure by electronic means, may continue doing all the paperwork by the media that come to practice at the date of entry into force of this Royal Decree. The relationship of provision contracts should be referred in the model established in the provisions of this Royal Decree development.
Sole repeal provision. Repeal legislation.
1. Royal Decree 4/1995 of 13 January, which develops the law 14/1994 of 1 June, which regulates temporary work companies shall be repealed.
2. also, all the rules of equal or lower rank are repealed which contradict or oppose provisions of this Royal Decree.
First final provision. Constitutional basis.
This Royal Decree is issued under cover of the provisions of article 149.1.7. ª of the Spanish Constitution, which attributes to the State exclusive competence in labour legislation without prejudice to its execution by the bodies of the autonomous communities.
Second final provision. Enabling legislation.
The Minister of employment and Social Security is authorized to dictate how many provisions necessary for the application and development of the provisions of this Royal Decree.
Available to finish third. Entry in force.
He present Royal Decree and the regulation that approves will enter in force the day following to the of your publication in the «Bulletin official of the State».
Given in Madrid, on May 29, 2015.
The Minister of employment and security Social, FÁTIMA BÁÑEZ GARCIA REGULATION OF THEM COMPANIES OF WORK TEMPORARY CHAPTER I provisions general article 1. Object.
1. this regulation aims to regulate the regime of the constitutive activity of the companies of temporary work, according to the definition contained in article 1 of the Act 14/1994 of 1 June, which regulates temporary work companies.
2. the other activities which, in accordance with the provisions of this law, to carry out the temporary employment agencies, as employment agencies, for the development of activities of professional skill training or advice and human resources consulting, will be governed by specific rules which may find application.
CHAPTER II authorization administrative article 2. Authorization administrative.
1. people physical or legal that intend to perform the activity constitutive of company of work temporary must obtain authorization administrative prior of the authority labor competent.
2. the administrative authorization will be unique, will have efficiency throughout the national territory and shall be granted without limit of duration.
Article 3. Competent labour authority.
(1.A the effects provided for in this regulation, shall be the following competent labour authority: to) the competent body of the autonomous community in which is situated the Center or premises of the company of temporary work if at the time of the request it has centres in a single autonomous.
(b) the direction General of employment of the Ministry of employment and Social security if at the time of the request the company of temporary work available work centers in two or more autonomous communities).
(c) the delegations of the Government of Ceuta or Melilla, in the case of companies that only have work in any of these cities.
2. in the event that a temporary employment company stops having work center in the autonomous region granted administrative authorization, will be competent labour authorities of the autonomous community that if available Center or the General direction of employment of the Ministry of employment and Social security if you have them in two or more autonomous communities.
In the event that a temporary recruitment agency that has been authorized by the General direction of employment of the Ministry of employment and Social Security no longer have workplace in all regions except one, will be competent labour authorities of the autonomous community where the Centre has.
In such cases, the labour authority ceases to be competent to give all the file transfer to the authority to pass to be competent by application of the preceding rules. The change of authority may not assume that the temporary employment business must meet new requirements or additional procedures to the new authority.
Article 4. Authorization of home's activities.
(1. authorization, which will be presented to the competent labour authority, shall be entered, in any case, the following data: to) complete identification of the applicant.
(b) denomination of the company, in which is must include necessarily the terms «company of work temporary» or its abbreviation «ETT».
(c) registered office of the company and address of workplaces.
(d) the number of tax identification and codes of Social security contributions account.
(2. to it application of authorization, that must present is by media electronic in the record to is refers the chapter IV, is will accompany, also by media electronic, the following documentation: to) power enough in right, if the applicant acts in representation of a person legal, unless the request is present through a certified of signature electronic of person legal in which the applicant figure as proxy or that the applicant figure registered in the record electronic of Powers of attorney.
(b) when the request is formule by people legal, certification supporting of the registration of the company, any that is the form that magazine, in the record commercial or in the corresponding record of cooperative. You must also provide copy of the deed of incorporation registered in the corresponding register and, where appropriate, by-laws of the society.
(c) copy of supporting documentation after constituted financial guarantee referred to in article 3 of the Act 14/1994 of 1 June, in accordance with article 8 of this regulation, shall be submitted original documentation in the three working days.
(d) explanatory memorandum of the organizational structure that has the company, detailed work centers, supporting the fulfilment of the requirements laid down in article 2(3) of the Act 14/1994 of 1 June.
3. the application shall be submitted through the electronic address that is established for this purpose, using the forms provided specifically for this purpose.
Applicants may attach documents deem appropriate to clarify or complete the form, which must be accepted and can be taken into account by the organ to which are directed.
4. in its application, the applicant may authorize the competent labour authority so that you can get directly, through electronic certificates, the accreditation of their identity, as well as the accreditation that the company is current in meeting their tax obligations, and with Social Security.
In the event that the applicant does not expressly authorizes the verification of the data by the competent labour authority, it should provide the appropriate documentation.
5. the competent labour authority will resolve within a month, counted from the date of entry of the application in the registry of the administrative organ, estimating or dismissing the formulated request. After this period unless express resolution has relapsed, the request means estimated.
The resolution can be brought against appeal within a month before the hierarchically superior body which issued it.
6. administrative authorisations should be numbered consecutively, in accordance with what is established in the provisions of this Royal Decree development. The assigned number will be retained for the lifetime of the temporary employment business and will only proceed to give new numeration for resumption of activities or change of competent labour authority.
7. the authorization shall expire when the company ceases to perform the activity consists of making available to workers during an uninterrupted year. When the competent labour authority verify that attends such circumstance, practise the corresponding seat registration and shall notify the company.
Article 5. The extinction of the authorization procedure.
1. If the competent labour authority appreciated the breach by the company of the obligations of maintaining an adequate organizational structure and annual update of the financial guarantee, in the terms indicated in article 2.7 of the Act 14/1994 of 1 June, initiate ex officio the extinction of the authorisation procedure, formally informing the company observed irregularities. At the same time prompts mandatory and non-binding report by the Inspectorate of labour and Social Security and the legal representatives of the employees of the company of temporary work, who shall forward a copy of the communication made to the company's report. Those reports shall issue is in the term of fifteen days.
2. without prejudice of its right to formulate them allegations that deems appropriate, the company must accredit the compliance of them obligations indicated in the paragraph earlier in the term maximum of a month starting from the notification.
3. elapsed the term of a month without it company has accredited said compliance, the authority competent, prior audience to the company, dictate resolution, in the term maximum of a month, in which will declare the extinction of the authorization as company of work temporary, specifying them shortcomings or deficiencies that it justify.
4. the resolution that declared the extinction will be susceptible of resource of Freehand before the upper hierarchical of which it issued. Without prejudice to the possibility of appeal to the labour jurisdiction, the extinction declaration means fully Executive from the moment the resolution acquires firmness in administrative proceedings.
Firm once the resolution, will order the low of the company in the register of companies of temporary work.
In that case, the maintenance of the temporary employment business activity will determine all order and administrative responsibilities until there place.
Article 6. Authorization by resumption of activities.
(1. temporary employment business must apply for new administrative authorisation in the following cases: to) when the authorization has expired by activity consists of making available to workers made at least one continuous year.
(b) when the competent labour authority declared the termination of the authorization.
(c) when, of conformity with it established in the article 41.3 of the text consolidated of it law on infractions and sanctions in the order Social, approved by Real Decree legislative 5 / 2000, of 4 of August, has been sanctioned with the suspension of activities during a year by have incurred in recidivism in the Commission of infractions classified as very serious in the article 18.3 of said text consolidated.
2. in these cases, the authorisation procedure shall be subject to the provisions of articles 3 and 4 of this regulation, and the company must provide all the information and provide those documents that are not in the possession of the competent labour authority. To the request of authorization by resumption is will accompany, also, it justification documentary of have intended the 1 percent of the mass wage to it training of them workers hired for be transferred to companies users and the statement of them expenses of personal, all this corresponding to the last exercise economic of activity.
Article 7. Report by the Inspectorate of labour and Social Security.
1. the authorisation procedures provided for in the preceding articles, the competent labour authority shall request, by electronic means, report to the Inspectorate of labour and Social Security, with mandatory and non-binding. He report will focus on the structure organizational and media of that has the company of work temporary, can indicate the authority requesting those ends concrete that in particular have of be object of checking.
2. the report must be submitted by electronic means, to the labour authority in the non-extendable term of fifteen days from the following the receipt of the request.
CHAPTER III guarantee financial article 8. Financial guarantee.
(1 temporary work shall constitute, at the disposal of the labour authority which granted administrative authorization, a financial guarantee which may consist of: a) deposit in cash or Government securities in the General deposit box or their branches.
(b) endorsement or guarantee of solidarity character provided by a Bank, savings bank, Credit Union, society of mutual guarantee or insurance policy contracted for the purpose.
These guarantees is will constitute according to the standards by which is govern and shall have them effects that you are own according to them same.
2. to obtain the authorisation and during the first year of exercise, the financial guarantee must reach an amount equal to twenty-five times the current national minimum wage at the time of submitting the application, on an annual basis.
The company must update annually the warranty financial, so in them exercises subsequent it warranty scope an amount equal to the 10 percent of the mass wage of the exercise economic immediate previous, without in any case said amount can be lower to twenty-five times the wage minimum interprofessional existing in each time, in computation annual.
3. inside of the first three months of each calendar year the company must provide proof documents the warranty upgrade before the competent labour authority.
4. If the closure of workplaces determined an alteration of the competence regime, already constituted financial guarantee shall be available to the labour authority which is competent.
5. the security lodged will respond, in the manner provided in article 10, of debts by compensation, wage and Social Security. When the warranty is has executed total or partially, it company of work temporary, in the term of them fifteen days following to its execution, must replace it cited warranty in the amount that corresponds and communicate it to the authority labor competent. Otherwise, it shall initiate the procedure regulated in article 5.
Article 9. Salary mass.
1 a the purposes specified in articles 3 and 12.2 of the Act 14/1994 of 1 June, wage means the set of wage and non-wage compensation earned by all workers hired by the company of temporary work to be transferred to business users, with the exception of the following concepts: to) benefits and allowances of Social Security.
(b) the compensation corresponding to transfers, suspensions and contracts extinctions.
(c) allowances or supplemented by expenses that workers had been made as a result of their work.
2 shall not be considered an integral part of the wage contributions to Social Security and other concepts of joint fundraising carried out by the employer.
3. when the company of work temporary is a cooperative of work associated, the mass wage is means constituted by them remuneration wage and non-wage earned by them workers hired to be transferred, calculated according to the paragraph 1, as well as by them advances labor perceived by them partners workers transferred to companies users.
4. inside of the first three months of each calendar year the company shall provide to the competent labour authority a formal declaration concerning the amount of the wage of the previous year.
Article 10. Execution of financial security.
1. guarantee constituted by the temporary employment business liable for debts compensation as well as the wage debts with hired workers to be transferred to business users, when these debts are outstanding, once they have been recognized or laid down in the Act of conciliation or judicial resolution firm. Also warranty liable for debts for Social insurance contributions and other concepts of joint, referred to such workers transferred collection, once these have been determined by an order of enforcement or diligence of embargo issued by the General Treasury of the Social Security.
2. the worker concerned may request the competent labour authority the implementation of the financial security when the circumstances provided for in the preceding paragraph. The request for enforcement shall be accompanied by the following documents: to) supporting documentation of the identity of the applicant.
(b) documents showing the existence of wage debts or compensation recognized in its favour, as provided for in paragraph 1.
(c) supporting documents of the employment relationship of the applicant with the temporary employment company whose financial security is required to answer the outstanding debts.
3. the term worker will ask for the implementation of the financial security shall be one year from the date of the Act of conciliation or firm judgment that recognize the debt for wages or compensation.
Said term is interrupted by the exercise of the actions Executive or of recognition of the credit in procedure bankruptcy and by the others forms legal of interruption of the prescription.
(4. when it warranty financial is insufficient to meet the all of them credits existing, is will proceed to its execution in accordance with the following order: to) in first place, shall enjoy of preference absolute on any another credit them wages corresponding to them last thirty days of work in claims that not exceed the double of the wage minimum interprofessional.
He remnants of the warranty financial, after paid them wages in the amount established in the paragraph earlier, is apply to the payment of them remaining debts wage. To this end, the priority among all the creditors shall be determined by the order of date of presentation of applications for enforcement of such security.
(b) Secondly, preference will be given credits for economic damages resulting from the completion of commissioning contracts available up to a maximum of twelve days of salary amount.
If there remnants of financial security once paid appropriations for compensation referred to in the preceding paragraph shall apply to the payment of debts remaining compensation the priority provided for in the last paragraph of the letter a) of this section.
(c) Finally, the appropriations for Social insurance contributions and other concepts of joint fundraising.
5. in the case of a contest, the classification of the loans, as well as the enforcement actions that workers for the payment of wages and compensation can exercise by dismissal may be owed to them are subject to provisions of law 22/2003, of July 9, bankruptcy.
6. If financial security is insufficient, business users, in accordance with article 16.3 of law 14/1994 of 1 June, answer subsidiarily wage obligations, compensation and Social security agreements with workers provided during the term of the contract of implementation available, or jointly and severally liable in the event that the referred agreement is carried out in breach of the provisions of articles 6 and 8 of this legal text.
Article 11. Release of the guarantee.
1.conforme to it planned in the article 3.5 of the law 14 / 1994, of 1 of June, it warranty financial will be released and returned to the company of work temporary when this has ceased definitely in its activity and accredits before the authority labor competent that lacks of obligations compensation, wage and of Security Social.
To this end, the temporary employment business must submit an application by electronic means which may authorize the competent labour authority to get it directly, through electronic certificates, the accreditation of downward all of its staff in Social Security, as well as the accreditation that the company is current in the fulfillment of its obligations to Social Security.
In the so-called of that the applicant not authorize the checking of them data by the authority labor competent, must provide the documentation corresponding.
Together with the application must also submit copy of the corresponding duly signed settlements.
2. for the purposes of it planned in the paragraph previous, it authority labor is will lead to them services administrative of mediation, arbitration and conciliation and to them organs jurisdictional of the order social to communicate if exists some procedure pending in relation to the company of work temporary that could make required the retention of it warranty financial.
3. when the company has ceased its activity and had outstanding obligations, provided for in paragraph 1, the warranty will run as provided for in article 10.
CHAPTER IV records of companies of temporary work article 12. Records of companies of work temporary.
1. in accordance with the provisions of article 4 of the Act 14/1994 of 1 June, each of the competent labour authorities to grant administrative permissions to temporary employment will take a record of companies of temporary work, with performance by electronic means, which shall be public.
2. the records of companies of temporary work, public and electronic operation, do not have the nature of electronic register referred to in law 11/2007, of 22 June, electronic access of citizens to public services.
Article 13. Registration records.
(1. the registration of temporary work companies be practiced, electronically, from ex officio by the competent labour authority at the same time granting the administrative authorisation, stating the following information: a) full identification of the temporary employment business.
(b) identification of the entrepreneur individual or of the person legal, as well as of who have charges of address or are members of the bodies of administration in this, and number of authorization administrative.
(c) registered office of the company and address of workplaces.
(d) guarantee financial, expressing its amount and the form in that has been constituted.
2. in the Act of registration will be assigned a number of administrative authorisation according to what is established in the provisions of this Royal Decree development.
3 in the case of communication of changes referred to in letters a) and b) article 17.2, the labour authorities practise corresponding registry seat, for which purpose the company must provide a copy of the certification of registration from the register or, where appropriate, of the corresponding registration of cooperatives either authorize the labour authorities to obtain the trade register or the register of cooperatives supporting registration certification.
The registration records related to changes in the amount and form of establishment of the financial guarantee, openings and closures of workplace and the cessation of the activity of temporary employment business is also practiced.
4. the organ of the Ministry of employment and security Social or of it community autonomous that, of conformity with it established in the article 41.3 of the text consolidated of it law on infractions and sanctions in the order Social, has agreed the suspension of activities of a company of work temporary by have incurred in recidivism in it Commission of offences classified as very serious in the article 18.3 of said text consolidated , it will put in knowledge of the authority labor competent giving you transfer of the resolution in which is imposed the sanction, for the purposes of practice the corresponding seat registry.
Article 14. Central database.
(1. the existing information in the records of companies of temporary work, the data listed below will be added to a central database, whose management shall be responsible for the General direction of employment of the Ministry of employment and Social Security: a) identification of the company.
b) permission for the development of the activity of temporary employment business, including the alleged resumption, as well as suspension or cessation of activities.
(c) registered office of the company and address of workplaces.
(d) changes of registered office of the company and openings and closings of work centers.
(e) relations of contracts for the provision referred to in article 17.1.
2 the data included in the lyrics to), b), c) and d) will be publicly accessible.
(3 data of the letter e) will be accessible to the labour authorities.
CHAPTER V article 15 provision contract. Contract provision.
(1. contract will always be formalized in writing, in the official model established in the provisions of this Royal Decree development, in duplicate, must contain, as a minimum, the following information: a) identification data of the temporary employment business, stating the number of authorization, tax identification number and codes of Social security contributions account.
(b) identification data of the user enterprise, indicating expressly, identification number tax and Social security contributions account code.
(c) course of celebration, with expression specific cause that justifies it, pursuant to article 6(2) of the Act 14/1994 of 1 June.
(d) content of the labor provision and required qualifications.
e) established in article 2 of Royal Decree 216/1999, of 5 February, on minimum requirements for safety and health at work in the field of temporary work companies.
(f) common services and collective facilities in the user enterprise.
(g) expected duration of the contract.
(h) place and working hours.
(i) price agreed.
(j) total compensation.
(k) application in the user enterprise collective agreement.
2. in addition, in the case of contracts for the training and learning, in the contract provision shall be appointed to the person of the user enterprise which will foster the development of the employment of the worker.
3. them contracts of put to disposition that, without delete none of them concepts contained in the model that is set in them provisions of development of this real decree nor alter his denomination, contain modifications of character purely formal or include elements additional of information is considered adjusted to the cited model.
CHAPTER VI contract of work article 16. Contract between the company of work temporary and the worker.
1. the contract concluded between the company of temporary work and the worker to be placed at the disposal of companies users always formalised in writing, in duplicate, and must communicate its contents to the public office of employment within ten days of its celebration, in terms that are according to the rules established.
2 without prejudice to that required by the regulations applicable to each modality, the employment contract of duration specified, coincident with the contract's provision, will contain, at a minimum, the following data: a) identification of the Contracting Parties, stating in the case of the temporary employment business the number of administrative approval, tax identification number and codes of Social security contributions account.
(b) identification of the user enterprise, the number of tax identification and account of contributions to the Social security code.
(c) cause of the contract provision.
(d) content of the labor provision.
(e) the information referred to in article 2 of Royal Decree 216/1999, of 5 February.
(f) expected duration of the employment contract.
(g) place and working hours.
(h) agreed remuneration.
(i) collective bargaining agreement in the company of temporary work and the user enterprise.
3. in the event of contract practices, in addition to the information specified in the previous paragraph, will be expressly stated the qualification of the worker.
4. in the case of contract for training and learning, in addition to the information specified in paragraph 2, shall include the annex relating to the agreement for the training activity pursuant to the Royal Decree 1529 / 2012, of November 8, which develops the contract for training and learning and establish the bases of dual vocational training.
5 when the worker has been employed indefinitely by the temporary employment business you shall be delivered, whenever you are ready to provide services in an enterprise user, the corresponding order of service, which shall indicate: a) identification of the user enterprise which has of providing services, specifying the number of tax identification and account of contributions to the Social security code.
(b) cause of the contract of put to disposition.
(c) content of the rendering work.
(d) information that is concerns the article 2 of the Royal Decree 216 / 1999, of 5 of February.
(e) place and hours of work.
Article 17 information obligations. Obligations of information to management.
1. companies of work temporary are forced to send by media electronic to the register of companies of work temporary of the authority labor competent, within them first ten days of each month and in the model that is set in them provisions of development of this real Decree, a relationship of them contracts of put to disposal celebrated in the month previous (, which must include: a) name, identification number fiscal and account code of contributions to the Social security of the premises of business users.
(b) number of contracts concluded with each an of them, broken down by alleged of celebration, of conformity with it intended in the article 6.2 of the law 14 / 1994, of 1 of June.
(c) the total number of workers placed at the disposal of the business users. If a worker had been given on more than one occasion, to the same or different user enterprise, will it be calculated only once.
This documentation is also sent in the event that the company has not concluded contracts of provision, stating that fact.
(2. them companies of work temporary are also forced to communicate to it authority labor, within them fifteen days following to its production or, in his case, to the notification of your registration in the corresponding record commercial or record of cooperative, them following acts: to) them changes of ownership and of domicile social of it company.
(b) the change of persons who hold leadership positions or are members of the administrative bodies in the undertaking shall take the legal form of company, indicating their identification data.
(c) the opening of new centres of work.
(d) the close of work centers.
(e) the cessation of the temporary employment business activity.
Article 18. Obligations of information to the business user.
(1. company of work temporary shall supply to the company user the following documentation in connection with them workers that has assigned: to) copy of the contract of work or of the corresponding order of service.
(b) supporting documentation of having complied with wage obligations with such workers and Social Security.
2. in the case of contract for training and learning, the temporary employment business shall provide to the user the annex relating to the agreement for the training activities according to the specific regulations.
First additional provision. Law enforcement legal regime of public administrations and common administrative procedure.
Without prejudice to the characteristics provided for in Act 14/1994 of 1 June, which regulates temporary work companies, and in this regulation, it will be provisions of general law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, and in its implementing rules.
In terms of violations and labor penalties shall apply the revised text of the law on offences and sanctions in the Social order, approved by Royal Legislative Decree 5/2000 of 4 August, and other regulatory provisions on sanctioning procedure.
Second additional provision. Labour's first young employment contracts.
The unemployment rate will fall below 15 percent, and in accordance with the provisions further up to fifth and transient first of law 11/2013, of July 26, the entrepreneur support and stimulation of growth and job creation measures, may also held contracts making available between a temporary employment business and a business user in the same circumstances and under the same conditions and requirements in that the company user could celebrate a contract of work of first employment young according to what established in the article 12 of this law.
En_este_caso, and for the purposes of article 15(1)(a). c), you must specify in the contract provision that the contract is concluded under this assumption.
Available to transient only. Authorization in force numbers.
Authorisations granted to temporary employment before the entry into force of this regulation will keep the number initially assigned.
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