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Royal Decree 379/2015, May 14, Which Lays Down The Regulatory Basis For The Granting Of Public Subsidies Aimed At Financing The Action "your Work Eures-Fse".

Original Language Title: Real Decreto 379/2015, de 14 de mayo, por el que se establecen las bases reguladoras para la concesión de subvenciones públicas destinadas a la financiación de la acción "Tu trabajo EURES-FSE".

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Member States and regions of the European Union face growing challenges associated with the impact of globalisation, environmental and energy issues, an ageing population and changes in the environment. demographic, technological transformation and demands for innovation and social inequalities. Due to the complex and interrelated nature of these challenges, solutions that receive support from the European Structural and Investment Funds should be integrated, multi-sectoral and multi-dimensional.

The current situation of globalisation of markets and the rapid change in the technological and production processes means that the coordinated strategies for employment which the European Union is running include mobility. As an opportunity for a meeting between the different territories contributing to social cohesion in the construction of Europe, an opportunity for a meeting between supply and demand for employment.

This is also covered by Law 3/2012 of 6 July on urgent measures for the reform of the labour market, which in its explanatory statement makes special reference to the fact that many well-trained young people leave the Spanish labour market and seek opportunities abroad, motivated by uncertainty when it comes to entering the labour market, the reduced initial wages and the general economic situation of our country.

In addition, in the current wording of Law 56/2003, of 16 December, of Employment, the "Spanish Strategy for the Activation of Employment" is regulated in Article 4a, which is a reflection of the active employment policies. for the whole of the State and for each of the Autonomous Communities, in whose current development mobility has been included as a determining factor to be strengthened. In turn, in Article 13.k) it is established as a competence of the State Employment Public Service, to coordinate and promote mobility actions at the State and European level, as well as to show the representation of the Spanish State in the EURES network.

The free movement of workers in Europe is a right enshrined in the Treaty on the Functioning of the European Union.

"Your EURES-FSE work" is envisaged as an added value to the activities of the EURES-Spain Service Catalogue for the next period, co-financed by the European Social Fund, with the aim of stimulating labour mobility and training based on professional practice, which is based on the concept of a project of aid or personalised grants to enable Spanish workers or any Member State of the European Union, the European Economic Area, or from another country to which the same legal regime for access to employment is extended, and which have legal residence in Spain, find employment, practice or engage in learning activities that include employment contracts in other countries of the European Economic Area (the 28 countries of the European Union, Norway, Iceland and Norway). Liechtenstein) or in Switzerland.

"Your EURES-FSE work" is based on the main actions set out in the European Commission's "Youth on the Move" Recommendations and the "Youth Opportunities Initiative" to promote labour mobility in Europe. youth in Europe and takes as a reference the participation of the State Employment Public Service as a beneficiary of the first call for the "Your First EURES Job" programme. The experience in the aforementioned call and the good results obtained have allowed the characteristics of these aids to be adapted to the needs of the Spanish workers ' context, residing in Spain or in any other State of the European Economic Area or in Switzerland and workers of any Member State of the European Union, the European Economic Area, or another country to which the same legal regime applies in respect of access to employment, and which have residence legal in Spain.

For this purpose an annual budget of EUR 2 million has been earmarked for the purpose of financing the action "Your work EURES-FSE". Implementation will take place over the duration of the "Operational Programme Employment Training ESF Education" (2014-2020). As set out in Regulation (EU) No 1304/2013 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Council Regulation (EC) No 1081/2006, Article 3 of the European Social Fund, Fund implementation, the European Social Fund will support as one of the investment priorities: "Promoting sustainability and quality in employment and promoting labour mobility"

The program is managed by the State Employment Public Service through the EURES network Spain. EURES is a cooperation network between the European Commission and the European public employment services of the Member States of the European Economic Area and other partner organisations. Switzerland is also involved in the EURES cooperation. In Spain, the network is coordinated by the State Employment Public Service where the National EURES Coordination Office is located, with partners being the Public Employment Services of the Autonomous Communities.

The action "Your work EURES-FSE" is intended to provide support for the financing of Spanish or any Member State of the European Union, the European Economic Area, or another country to which the the same legal status in terms of access to employment, and legal residence in Spain, who wish to work in another State of the European Economic Area or in Switzerland, including the possibility of contracts in practice or apprenticeship, the Recommendation of the European Council of 28-29 June 2012. The project provides support for selection and/or transfers of country and settlement for employment contracts (in different modalities: employment contract, apprenticeship contract or contract in practice, all with a minimum duration). Six months), as well as language courses to facilitate such recruitment.

"Your EURES-FSE work" encourages the opportunity to obtain work, practice or engage in learning-related activities that include employment contracts, offered in a State of the European Economic Area or in Switzerland any applicant for employment, apprentice or trainee (hereinafter referred to as all "candidates"). This is intended to boost labour mobility in Europe by reducing obstacles to work in another state and facilitating transitions in the labour market.

In short, the "Your work EURES-FSE" programme aims to contribute to the achievement of the Europe 2020 employment objective, which is that in the year 2020, 75% of the population of the European Union will be between 20-64%. years have a job.

This royal decree lays down the rules for the implementation of the aid to achieve the objectives of the action 'Your EURES-ESF work' as well as the requirements and the procedure for applying and granting the aid. same.

These grants are in the form of grants, as set out in Article 2 of Law 38/2003 of 17 November, General Grants.

For its part, Article 22.2.c) of the said Law 38/2003 of 17 November provides that, by way of exception, grants may be granted directly in respect of reasons of public interest, social, economic or humanitarian, or other duly justified cases that hinder its public call. The special rules governing such grants shall be approved by royal decree, on a proposal from the competent minister, and after report by the Ministry of Finance and Public Administrations, in accordance with Article 28.2. and 3 of that law.

In the grants to which this royal decree refers, given the serious situation of high unemployment in Spain, there are singular circumstances and reasons of public, economic and social interest that make it difficult to call for them. public and justify their granting under direct concession. The need for an agile procedure to respond to the needs of employers and workers ' requests for employment makes it difficult for these subsidies to be dealt with by public call.

In addition, the management of job vacancies, practices and apprenticeships is conditional on companies showing their willingness to hire according to their needs, so jobs are generated throughout the time. These reasons prevent the public call for a competitive competition procedure because this would require a closed deadline for applications and subsequently a resolution away from time to the employer's request, which in many cases would mean not meeting your needs.

The management of these grants will correspond to the State Employment Public Service within the framework defined in this royal decree, which is dictated by the provisions of Article 149.1.7 of the Constitution and according to the Article 13 (h) (1) of Law 56/2003 of 16 December 2003 on Employment.

In the process of drawing up this royal decree, the Sectoral Conference on Employment and Labor Affairs has been informed.

In its virtue, on a proposal from the Minister of Employment and Social Security, prior to the report of the Minister of Finance and Public Administrations, and after deliberation by the Council of Ministers at its meeting of May 14, 2015,

DISPONGO:

Article 1. Object and scope of application.

1. The purpose of this royal decree is to establish the aid of the action "Your work EURES-FSE" to support the labour mobility of Spanish workers, or of any Member State of the European Union, of the European Economic Area, or of another the country to which the same legal regime for access to employment is extended, and which have legal residence in Spain, in the countries comprising the European Economic Area and Switzerland.

Such aid is intended for unemployed persons registered as jobseekers in the corresponding Public Employment Services, irrespective of their level of qualification or economic and social situation.

2. The management of these aids is the responsibility of the State Employment Public Service, in accordance with the provisions of Article 13 (h) (1) of Law 56/2003 of 16 December 2003, of Employment, without prejudice to the tasks of employment intermediation which are carried out by the EURES advisers of the Public Employment Services of the Autonomous Communities as provided by the Royal Decree of transfer of the management carried out by the Public Service of State Employment in the field of employment, employment and training.

Article 2. Nature and applicable legal status.

The aid covered by this royal decree has the legal nature of subsidisation and will be granted under direct concession, taking into account its unique character in terms of its public, economic and social interest and its link to the the coverage of jobs, through the EURES Network Spain, which makes it difficult for them to be published, under the provisions of Articles 22.2.c) and 28 of Law 38/2003 of 17 November, General of Grants and 67 of their Rules of Procedure, approved by Royal Decree 887/2006 of 21 July.

The aid will be governed by the provisions of this royal decree, in Law 38/2003 of 17 November and in Royal Decree 887/2006 of 21 July, approving the regulation of the aforementioned law; Law 30/1992, of 26 of November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure; and the Royal Legislative Decree 5/2000, of 4 August, for which the recast of the Law on Infractions and Sanctions in the Order is approved Social as well as other rules that are applicable.

The information on grants of grants made under this standard shall be communicated to the National Grant Database, in the terms of this communication obligation. Article 20 of Law 38/2003 of 17 November and other implementing provisions.

Article 3. Funding.

1. The actions regulated in this royal decree are part of the credit reserve whose management corresponds to the Public Service of State Employment in accordance with the provisions of Article 13 (h) of Law 56/2003 of 16 December 2003. Amounts intended to finance these measures shall not be the subject of territorial distribution between the Autonomous Communities.

2. The financing of the cost of the "Your work EURES-FSE" grants will be covered by the budget of the State Employment Public Service, budget application 19.101.241A.482.10, up to a maximum of two million euros per year. These grants will be co-financed by the European Social Fund through the "Operational Programme Employment, Training, ESF Education 2014-2020" with a total duration of 6 years.

3. The measures included in this royal decree may not entail an increase in appropriations, remuneration or other personnel costs.

Article 4. Purpose, requirements and exclusions of the grants "Your EURES-FSE work".

1. These grants are intended to provide workers with the following actions, in accordance with the conditions laid down in Article 7:

a) The move to attend selection process interviews for a job.

b) The move to join a job.

c) The completion of a language course linked to incorporation into a job.

2. In order to qualify for such aid workers, without age limit, must meet the following requirements:

(a) To be unemployed and registered as jobseekers in the Public Employment Services of Spain or in the case of Spaniards in any other country of the European Economic Area and Switzerland where they reside.

(b) Having Spanish nationality, or any Member State of the European Union, of the European Economic Area, or of another country to which the same legal regime applies in matters of access to employment, and which have legal residence in Spain.

c) That the job (including practice or learning contracts) for which the candidate performs the interview, which is to be incorporated or linked to the language course, is located in a country of the Space European Economic, including Switzerland, other than that of residence, and the contract is scheduled for a duration of 6 months or more.

Therefore, for the purpose of applying for the aid "Your work EURES-FSE", Spanish workers residing in Spain and those of any Member State of the European Union, the European Economic Area, or another country to which it is extending the same legal status in terms of access to employment, and having legal residence in Spain, may be candidates for jobs located in another country of the European Economic Area or in Switzerland. Also, Spanish workers residing in another country of the European Economic Area or in Switzerland, other than Spain, may be candidates for jobs located both in Spain and in another country of the European Economic Area or in Switzerland, other than the residence.

3. The following assumptions shall not be supported:

(a) Workers who are temporarily sent by their companies to do their job in another country in the European Economic Area or in Switzerland, without being specifically hired to do so.

(b) Cross-border jobs that do not involve a change of residence to the country of destination where the job is located.

c) Activities that already receive a grant from public or private entities, for the same concept of the aid "Your work EURES-FSE".

d) Assistance to trade fairs and the like.

Article 5. Application for grants "Your EURES-FSE work".

1. The worker may apply for the aid "Your EURES-FSE job" for the actions referred to in Article 4.1, once the company has summoned him for an interview, and/or his/her incorporation into a job, and/or proposed a language course linked to a possible recruitment, in accordance with the requirements set out in this royal decree.

Your EURES-FSE work will need to be requested by the candidates through a EURES Network Counsellor Spain via the Application Form 1 accompanied by the Initial Questionnaire document which will be available in the website of the State Employment Public Service (www.sepe.es) and supporting document either of the proposal for the interview and/or the supporting document of the offer of work and/or document supporting the need of the course to access a job offer.

The candidate will submit this Application Form 1 once they are aware that it has been called for any of the actions, and prior to the conduct of the actions.

2. Through the Application Form 1, the corresponding EURES Adviser will check and ratify with his signature that the candidate has been selected for any of the actions under "Your EURES-FSE job" and that he meets the requirements expressed in Article 4.2.

3. Applications (original documents) will be addressed to the Directorate-General of the State Employment Public Service, Deputy Director General for Employment Policies, C/Countess de Venadito, n. 9, 28027 Madrid, and may be presented in any of the the forms provided for in Article 38.4 of Law 30/1992 of 26 November.

Article 6. Procedure for the granting and payment of grants.

1. The procedure's instructor shall be the General Subdirectorate of Employment Policies of the State Employment Public Service.

2. Applications shall be examined in order to verify whether they meet the formal requirements. If not, the person concerned shall be required in order to remedy the lack of or accompany the required documents, indicating that, if he does not do so, he shall be given the withdrawal of his request, which shall be filed after a decision has been taken. must be given in the terms of Article 42.1 of Law 30/1992 of 26 November.

3. The Subdirectorate-General for Employment Policies, in the light of the file, and considering the completion of the requirements by the applicants for "Your EURES-FSE work" and the date of receipt of the applications, will the appropriate motion for a resolution which shall be raised to the head of the Directorate-General of the State Employment Public Service, which shall decide as appropriate.

4. The granting of the aid or grant shall not be a commitment to provide each candidate, interested in a job in a country of the European Economic Area or Switzerland, with access to it.

5. The maximum period for resolving and notifying the person concerned shall be six months from the date of entry of the application, as provided for in Articles 25.4 and 26 of Law 38/2003 of 17 November. After that period has not been notified expressly, the application submitted, as provided for in Article 25.5 of Law 38/2003 of 17 November, may be deemed to be dismissed by administrative silence.

6. The resolution does not put an end to the administrative route, in accordance with the provisions of Article 82 of Law 50/1998 of 30 November 1998, of Administrative Tax Measures and of the Social Order. (a) before the Minister for Employment and Social Security, within one month of the day following the notification, in the terms set out in Articles 114 and 115 of Law No 30/1992 of 26 November 1992 on the legal framework of the Public Administrations and Common Administrative Procedure.

7. The payment of the aid shall be made by the State Employment Public Service on the basis of the candidates for the implementation of the action or actions for which the aid is to be submitted, for which it must present the supporting forms of the aid. conduct of interview (Form 2), and/or of incorporation to the job (Form 3), accompanied by a copy of the contract of employment, and/or by the completion of the language course (contributing invoice of the course and certificate, in the terms of the Article 7 (1) (c) This documentation must be sent to the State Employment Public Service within a maximum of 1 month after the completion of the actions together with the Satisfaction Questionnaire. Both the Forms and the Satisfaction Questionnaire will be available on the State Employment Public Service website (www.sepe.es).

The requesting person will accept the maintenance of communications with the State Public Employment Service by electronic means.

Through the EURES network, information will be collected, by the General Employment Policy Subdirectorate, to justify the completion of the 6-month period of the contract of employment or the continuing candidate. contracted. The Deputy Director-General shall forward it to the EURES counsellor for further constancy in the information systems of the public employment services.

8. The aid beneficiary shall keep the supporting documents for the application of the funds received so that they may be subject to the appropriate checks and checks, in accordance with the provisions of the Articles 14 and 39 of Law 38/2003, of November 17.

In addition, for the purpose of co-financing by the European Social Fund, the availability of supporting documentation of these co-financed grants should be kept at the disposal of the audit and control bodies during a period of three years from 31 December following the submission of the accounts in which the costs of the operation are included, as laid down in Article 140 (1) of Regulation (EU) No 1303/2013 of the European Parliament and of the Council Proposal for a European Parliament and Council Directive of 17 December 2013 laying down common rules concerning the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions relating to the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund, and repealing Council Regulation (EC) No 1083/2006.

Article 7. Types and amounts of grants "Your EURES-FSE work".

1. The "Your work EURES-FSE" aid may be:

a) By transfer, for the conduct of an interview/s of selection, at least a distance of 50 km from his habitual residence, in order to be hired for the incorporation to a job, for the realization of practices, or for the performance of activities aimed at learning.

The expression "interview" susceptible to help refers to the face-to-face dialogue with one or more entrepreneurs. A candidate who attends several interviews, on a single trip, will receive a single financial aid per transfer to meet abroad or in his country of residence. The amount of the aid is fixed, according to Table I of the Annex, according to the geographical distance between the place of residence of the candidate and the place of the interview/s, and provided that there is cash movement.

Interviews may be conducted in any State of the European Economic Area or in Switzerland, including the candidate's country of residence.

The aid is a contribution to the costs incurred in connection with the shipment. The candidate will be free to accept the trip for the interview or to propose an alternative interview modality.

b) Transfer by placement in another State of the European Economic Area or in Switzerland, other than that of residence.

If the candidate is to be hired, including the possibility of contracts in practices and/or learning, in a State of the European Economic Area or Switzerland, other than that of residence, he/she will be able to apply for the grant after confirmation in writing by the employer, by means of a supporting document of the offer of work to be provided by the applicant together with the application, the characteristics of the post to be filled and the duration of the contract being equal to or greater than six months.

The grant is a contribution to expenses incurred in connection with settlement in the country of destination. This subsidy will be paid only if the contracted candidate changes his country of residence. The amount of the aid is fixed, depending on the country of destination in which the residence is fixed and is included in Table II of the Annex.

c) Realization of a language course linked to incorporation into a job.

Any candidate with the possibility of access to a job in another European Economic Area State or in Switzerland, other than that of residence, including the modality of contracts in practices and/or learning, which has been you may apply for assistance in a language course in the country of residence and/or in the country of destination, after confirmation in writing by the employer, by means of a document supporting the need for the course to access that job. The applicant shall provide this supporting document together with the application to be made before the beginning of the course. The EURES Adviser shall verify the language training needs of the candidate expressed by the employer.

The content of the language training course will depend on the needs of the candidate and the characteristics of the job offered, regardless of other integration measures the company can offer.

The payment of the language course assistance shall be made by the State Employment Public Service upon justification by the candidates for having completed the course and after the completion of the course. The aid will compensate for the cost of the training received, with a maximum amount of EUR 1,200. In addition, the prices of the training will have a maximum price of 10 euros per unit of instruction (UI) of approximately 45 minutes. As a general rule, training will refer to intensive and short-lived language courses.

To proceed with payment of the aid for the completion of the course, once the course is completed, the candidate must provide a copy of the invoice with the cost of the training and proof of the payment made, the data of the institution responsible for the language course, as well as certificate issued by the course of the course, including the duration of the course, number of instruction units, level/learning content and training plan.

You will not be entitled to receive assistance when the candidate is unable to attend or complete the training plan, and you do not obtain a certificate that you have passed the plan.

Responsible institutions should be specifically recognized for the delivery of language courses. These institutions shall have an agreement with a recognised certification body at national or international level to enable the testing and certification of candidates to be carried out in respect of the levels of the European Common Framework of Reference for Languages (MCERL). These institutions include institutions that provide language courses and are enrolled in the State Register of State Employment Service Training Centers and Entities.

2. The three types of help are compatible with each other.

Article 8. Information and communication.

For the purposes of implementing the information and communication measures of the co-financing by the European Social Fund of the aid "Your work EURES-FSE" shall be as provided for in Article 115 and Annex XII of Regulation (EU) No No 53/2014. 1303/2013 of the European Parliament and of the Council of 17 December 2013.

Single repeal provision. Regulatory repeal.

Royal Decree 1674/2012 of 14 December 2012 laying down the regulatory bases for the award of public grants for the financing of the action 'Your first EURES job' is hereby repealed.

Final disposition first. Competence title.

This royal decree is dictated by 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 organs of the Autonomous communities.

Final disposition second. Powers of development.

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

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on May 14, 2015.

FELIPE R.

The Minister of Employment and Social Security,

FATIMA BANEZ GARCIA

ANNEX

Table I

Aid to candidates for interview/s selection in a State of the European Economic Area and Switzerland (for incorporation into a job, internship or apprenticeship contract)

Country

Quantity (in Euro)

Required Documentation

Distance

between 50 and 100 km

Distance between 100 and 300 km

Distance between 300 and 500 km or

Any EEA State and Switzerland.

100

200

300

Applicant Request (form 1).

Supporting document of the proposal for the interview.

For proceed to payment:

Company statement that you have performed the interview (form 2)

Table II

Aid to transfer candidates for incorporation into a position of work, practices and learning in a State of the European Economic Area and Switzerland

Slovakia.

Sweden.

Country

Quantity

(in Euro)

Required Documentation

Austria.

970

Previous:

The Workoffering's Justification Document.

To proceed with payment:

Company Statement of having performed the hiring (form 3).

Copy of the work contract.

Belgium.

920

Bulgaria.

600

Croatia.

640

Cyprus.

790

Czech Republic.

710

Denmark.

1,200

Estonia.

710

Finland.

1,030

France.

990

Germany.

890

Greece.

860

Hungary.

620

Ireland.

960

Iceland.

1,200

Italy.

940

Latvia.

640

970

970

Luxembourg.

920

Malta.

780

Norway.

1,030

900

Portugal.

780

600

Slovenia.

780

840

1,030

Switzerland

890

1,000

1,000

Table III

Support for language course realization

Measure

Amount

(in Euro)

Required Documentation

courses.

Actual costs declared (maximum 1,200 €).

Applicant Request (form 1).

Document justification for the need for the course to access a job offer.

To proceed with payment:

Invoice presentation and certificate of the received training.