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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Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-6430

The Member States and the regions of the European Union are facing increasing challenges associated with the impact of globalization, to environmental and energy issues, the aging of the population and demographic changes, technological change and the demands of innovation and social inequalities. Due to the nature complex and interrelated of those challenges, the solutions that receive aid of them funds structural and of investment European should be integrated, multisectoral and multidimensional.

The current situation of globalization of markets and the rapid change of technology and production processes is that strategies coordinated employment which postulates the European Union include labour mobility as an opportunity of meeting between supply and demand of employment between the various territories that contributes to social cohesion in the European construction.

Thus it contemplates also it law 3 / 2012, of 6 of July, of measures urgent for the reform of the market labor, that in its exhibition of reasons makes special reference to the circumstance of that many young well formed abandon the market of work Spanish and seek opportunities in the foreign, motivated by the uncertainty at the time of enter in the market of work , them reduced salaries initial and the situation economic general of our country.

Also, in the current wording of law 56/2003, of December 16, employment, «strategy Spanish of activation for employment,"which is a reflection of the active employment policies for the whole of the State and for each of the autonomous communities, in which current development mobility as a decisive aspect has been included to reinforce is regulated in article 4 bis. At the same time, in the 13.k article) is established as a competence of the public State employment service, coordinate and promote actions of mobility in the national and European level as well as to represent the Spanish State in the EURES network.

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

«Your work EURES-ESF» is contemplates as a value added to them activities of the catalogue of services EURES-Spain for the next period, co-financed by the Fund Social European, with the objective of stimulate the mobility labour and of training based in practices professional, that is erected on the concept of a project of aid or grants custom that allow to workers Spanish or of any State member of the Union European of the European economic area, or of another country extends to the same legal regime on access to employment, and having legal residence in Spain, find employment, make practical or carry out learning activities that include contract of employment in other countries of the European economic area (the 28 countries of the European Union, Norway, Iceland and Liechtenstein) or Switzerland.

'Your work EURES-FSE' is based on the main actions set out in the recommendations of the European Commission of the «youth in March» and «The youth opportunities initiative» to encourage labour mobility of youth in Europe and takes as its reference the participation of the public State employment as a beneficiary of the first edition of the program «Your first work EURES» service. The experience in the cited call and them good results obtained have allowed adapt them features of these supports to them needs of the context of them workers Spanish, are residing in Spain or in any other State of the space economic European or in Switzerland and of them workers of any State member of the Union European, of the space economic European, or of another country to which is extend the same regime legal in matter of access to the employment , and have legal residence in Spain.

To this end has been allocated an annual budget of EUR 2 million in order to finance the action «Your EURES-ESF work». The execution will take place along the duration of the «program operating employment training education ESF» (2014-2020). As sets the Regulation (EU) No. 1304 / 2013 of the Parliament European and of the Council of 17 of December of 2013, relative to the background Social European and by which is repeals the Regulation (EC) No. 1081 / 2006 of the Council, in its article 3, dedicated to the field of application of funds, the Fund Social European support as an of them priorities of investment : «Promote the sustainability and the quality in the employment and promote the mobility labor» the program is managed by the service public of employment State through the network EURES 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 organizations. Switzerland also participates in the cooperation EURES. In Spain, the network is coordinated by the service public State employment where is located the national EURES Coordination Office, partners being the public employment services of the autonomous communities.

The action «your work EURES-ESF» has as purpose provide supports for the finance to people Spanish or of any State member of the Union European, of the space economic European, or of another country to which is extend the same regime legal in matter of access to the employment, and that have residence legal in Spain, that wish to work in another State of the space economic European or in Switzerland including the possibility of contracts in practice or learning, according to the recommendation of the European Council of June 28-29, 2012. He project sets aid to perform interviews of selection and/or transfers of country and settlement by hiring labor (in different modalities: contract labour, contract of learning or contract in practices, all with a duration minimum of six months), as well as courses of languages that facilitate such recruitment.

"Your work EURES-FSE" promotes the opportunity to obtain work, internship, or perform activities aimed at learning that include employment contract, offered in a State of the European economic area or Switzerland to any applicant for employment, apprentice or trainee person (hereinafter referred to as all "candidates"). With this is aims to boost the mobility labor in Europe, reducing them obstacles to work in another State and facilitating the transitions in the market labor.

In short, 'Your work EURES-ESF' programme aims to contribute to the achievement of the goal of employment of Europe 2020 consistent that in the year 2020 75 per cent of the population of the European Union aged 20-64 has a job.

This Royal Decree establishes standards that aid aimed at the achievement of the objectives of the action «Your EURES-ESF work» as well as the requirements and the procedure for application and granting them materialize.

These grants have character of grants, pursuant to article 2 of law 38/2003 of 17 November, General grant.

For its part, article 22.2. c) of the aforementioned law 38/2003 of 17 November, provides that, on an exceptional basis, may be granted directly those subsidies which are credited interest public, social, economic or humanitarian reasons, or other duly justified that hamper his public call. The special rules governing such subsidies must be approved by Royal Decree, on the proposal of the competent Minister, and following a report of the Ministry of finance and public administration, in accordance with the provisions of article 28.2 and 3 of this Act.

In them grants to is concerns this real Decree, given the serious situation of high rate of unemployment in Spain, concur circumstances unique and reasons of interest public, economic and social that hinder your call public and justify their granting in regime of concession direct. The need for a procedure of agile to respond to the needs of employers and to the demands of workers, makes these grants are processed by public call.

In addition, the management of job offers, practical and learning is conditioned upon companies manifest willingness to hiring according to your needs, therefore, jobs are generated over time. These reasons prevent the public announcement of a competitive procedure because this would require a period of time closed requests and subsequently a resolution remote in time to the request of the employer, which in many cases would not meet their needs.

The management of these grants will be up to the public State employment service within the framework defined in this Royal Decree, dictated on the basis of provisions of article 149.1.7 of the Constitution and in accordance with the provisions of article 13.h).1 of Act 56/2003, of December 16, employment.

In the process of elaboration of this Royal Decree, the sectoral Conference on employment and Labour Affairs has been informed.

By virtue, on the proposal of the Minister of employment and Social Security, following a report of the Minister of finance and public administration, and prior deliberation of the Council of Ministers at its meeting of May 14, 2015, HAVE: article 1. Object and scope of application.


1. the present Royal Decree aims to establish 'Your work EURES-FSE' action helps to support labour mobility of Spanish workers, or of any Member State of the European Union, of the European economic area, or of another country extends to the same legal regime on access to employment, and having immigration in Spain , in those countries that includes the space economic European and Switzerland.

These grants are aimed at unemployed persons registered as jobseekers in the public employment services relevant, regardless of their level of qualification or economic and social status.

2. the management of this aid corresponds to the public State employment service, in accordance with article 13.h).1 of Act 56/2003, of December 16, of employment, without prejudice to the tasks of intermediation that the EURES advisers of the services public of employment of the autonomous communities according to the provisions of the Royal Decrees of transfer of management carried out by the public State employment service in the scope of work, employment and training.

Article 2. Nature and regime legal applicable.

The assistance regulated in this Royal Decree have the status of grant and will be awarded in concession regime directly, according to its unique character for your public, economic and social interest and its link to the coverage of jobs, through the EURES network Spain, hindering its tender, under cover of the provisions of the articles 22.2. c) and 28 of law 38/2003 , of 17 of November, General of grants and 67 of its regulation, approved by the Royal Decree 887 / 2006, of 21 of July.

Them aid is governed by it established in this Royal Decree, in the law 38 / 2003, of 17 of November and in the Real Decree 887 / 2006, of 21 of July, by which is approves the regulation of the cited law; the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure; and the Royal Legislative Decree 5/2000 of 4 August, which approves the revised text of the law on offences and sanctions in the Social order, as well as any other rules that may apply.

Information on awards of grants made under cover of this standard shall be communicated to the national database of grants, in the terms in which this obligation of communication is established by article 20 of law 38/2003 of 17 November, and other development regulations.

Article 3. Funding.

(1. them actions regulated in this real Decree form part of the book of credit whose management corresponds to the service public of employment State according to it established in the article 13.h) of it law 56 / 2003, of 16 of December, by what the amounts planned to finance these measures not will be object of distribution territorial between them communities autonomous.

2. the financing of the cost of the subsidies 'Your work EURES-FSE' shall bear the budget of the public service of State employment, budgetary application 19.101. 241aassss. 482.10, up to a maximum of two million euros annually. These grants shall be co-financed by the European Social Fund through the «program operating employment, training, education ESF 2014-2020» with a total duration of 6 years.

3. the measures included in this real Decree not can assume increase of endowments, remuneration u others expenses of personal.

Article 4. Purpose, requirements and exclusions of 'Your work EURES-FSE' subsidies.

1 these subsidies are intended to make it easier for workers to the following actions, in accordance with the conditions laid down in article 7: to) the transfer to attend interviews for a job selection processes.

(b) the transfer to incorporate is to a place of work.

(c) the completion of a course of languages linked to the incorporation to a since of work.

(2. for welcome is to these aid them workers, without limit of age, must meet the following requirements: to) be unemployed e registered as demanding of employment in them services public of employment of Spain or in the so-called of Spanish in them of any other country of the space economic European and Switzerland where reside.

(b) having Spanish, or nationality of any Member State of the European Union, of the European economic area, or of another country extends to the same legal regime on access to employment, and having legal residence in Spain.

(c) the workstation (including contracts of practices or learning) for which the candidate performs the interview, which will incorporate or that links the language course, is located in a country of the European economic area, including Switzerland, other than that of residence, and the contract has planned a duration equal to or more than 6 months.

Therefore, for the purpose of requesting aid "Your work EURES-FSE", workers Spanish residing in Spain and of any Member State of the European Union, of the European economic area, or of another country extends to the same legal regime on access to employment, and who have residence in Spain, may be candidates for jobs located in another country of the European economic area or Switzerland. In addition, Spanish workers residing in another country of the European economic area or Switzerland, other than Spain, may be candidates for jobs located in Spain, another country of the European economic area or Switzerland, unlike the residence.

(3. not will be object of grant them following so-called: to) workers that are sent temporarily by their companies to perform their work in another country of the space economic European or in Switzerland, without be specifically hired for this.

(b) jobs cross-border that does not imply a change of residence to the country of destination where is locate the since of work.

(c) activities that already receive a grant of public or private entity, the same concept of 'Your work EURES-FSE' aid.

(d) assistance to fairs of work and similar.

Article 5. The 'Your work EURES-FSE' grant application.

1. the worker may request supports 'Your work EURES-FSE' for the actions referred to in article 4.1, once the company you have convened to conduct an interview, or its incorporation to a job, and/or proposed a language course linked to a possible engagement, in accordance with the requirements of this Royal Decree.

'Your work EURES-FSE' aid must be requested by the candidates through a counselor of the EURES network Spain using application form 1 accompanied by the document initial questionnaire that will be available on the website of the public service of State employment (www.sepe.es) and supporting document to the proposal for the interview and/or supporting document of the offer of work or supporting document of the need for the course to access an offer of work.

The candidate shall submit this form 1 application once you have a record that has been called for any of the actions, and previously to the realization of the same.

2. through the form 1 of application, the Adviser EURES corresponding check and will ratify with his signature that the candidate has been selected for any of them actions referred in «your work EURES-ESF» and that meets them requirements expressed in the article 4.2.

3. Requests (original documents) shall be addressed to the General direction of the public service of State employment, General Subdirection of active policies of employment, c / Condesa de Venadito, no. 9, 28027 Madrid, and may be submitted in any of the forms provided for in article 38.4 of law 30/1992, of 26 November.

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

1. the organ instructor of the procedure will be the General Sub-Directorate of active policies of employment of the public State employment service.

2. the requests will be reviewed to verify whether they meet the formal requirements. Otherwise, you will be required to the person concerned in order to remedy the lack or attach the mandatory documents, with an indication of that, so do not do so, you shall be withdrawn its request, which will be filed prior resolution which shall be dictated in the terms of article 42.1 of law 30/1992, of 26 November.

3. the General Sub-Directorate of active policies of employment, in view of the record, and whereas compliance with requirements by applicants for aid for 'Your work EURES-FSE' and the date of receipt of requests, make timely motion for a resolution which will be elevated to the head person of the General direction of the public State employment service will be addressed as appropriate.

4. the grant of aid or subsidy does not imply commitment to provide each candidate, interested in a job in a country of the European economic area or Switzerland, the access to it.


5. the deadline for resolving and notify the decision to the person concerned shall be six months from the date of the request, as provided for in articles 25.4 and 26 of law 38/2003 of 17 November. Within this period without having notified express resolution, can understand is rejected by administrative silence the application as filed, pursuant to article 25.5 of the law 38/2003 of 17 November.

6. the resolution not puts an end to the administrative procedure, in accordance with the provisions of article 82 of the Law 50/1998, of 30 November of fiscal measures administrative and Social order, so against it is may bring appeal before the Minister of employment and Social Security, within a month from the day following the notification , in the terms collected in them articles 114 and 115 of the law 30 / 1992, of 26 of November, of regime legal of the administrations public and procedure administrative common.

7. the payment of the aid shall be made by the public State employment service prior justification by the candidates of the realization of the action or actions subject to help, for which should submit the supporting forms or realization of interview (form 2), and/or addition to the job (form 3), accompanied by copy of the employment contract , or by the realization of the language course (providing invoice for the course and certificate, in accordance with article 7.1. c). This documentation must be sent to the service public of employment State in a term maximum of 1 month back to the realization of the actions together with the questionnaire of satisfaction. Both the forms and the satisfaction questionnaire will be available on the website of the public service of State employment (www.sepe.es).

The applicant will accept the maintenance of communications with the public State employment service by electronic means.

EURES shall be sought through the network, by the General Sub-Directorate of active policies of employment, information to justify after 6 months that this duration of the employment contract has been fulfilled or that the candidate still engaged. Such Subdirectorate General it will transmit to the Adviser EURES for their later record in them systems of information of them services public of employment.

8. the beneficiary of the aid must keep them documents supporting of it application of them funds received, to can be object of them relevant performances of checking and control, in accordance with it established in them articles 14 and 39 of the law 38 / 2003, of 17 of November.

Also for purposes of cofinancing by the European Social Fund, the availability of supporting documentation of these part-financed grants shall keep at the disposal of the bodies of audit and control for a period of three years from 31 December following the presentation of the accounts that the operating costs are included , as is establishes in the article 140, paragraph 1 of the Regulation (EU) No. 1303 / 2013 of the Parliament European and of the Council of 17 of December of 2013, by which is establish provisions common relating to the Fund European of development Regional, to the Fund Social European, to the Fund of Cohesion, to the Fund European agricultural of development Rural and to the Fund European maritime and of the fishing and by which is established provisions General relating to the Fund European of ERDF, the European Social Fund, the Cohesion Fund and to the maritime Fund and of fishing, and repealing Regulation (EC) No. 1083 / 2006 of the Council.

Article 7. Types and amounts of the grants ' your work EURES-ESF».

1 "Your work EURES-FSE" supports can be: to) by transfer, for the realization of interview (s) selection, at least to a distance of 50 km from their habitual residence, in order to be hired for the incorporation to a job, to work experience, or for the realization of activities aimed at learning.

The expression «interview» susceptible to aid refers to face-to-face dialogue with one or more employers. A candidate attending several interviews, in a single trip, will receive a unique financial aid for transfer to meet abroad or in their country of residence. The amount of the help is fixed, according to table I of the annex, depending on the distance geographical between the place of residence of the candidate and the place of it / s interview / s, and whenever has displacement effective.

Interviews may be held in any European State or in Switzerland, including the country of residence of the candidate.

It helps is a contribution to the expenses incurred on the occasion of the transfer. The candidate will be free of accept the travel for the interview or of proposing a mode of interview alternative.

(b) transfer by placement in another State of the European economic area or Switzerland, unlike the residence.

If the candidate will be hired, including the possibility of contracts in practice or learning in a State of the European economic area or Switzerland, unlike the residence, you can request grant after the confirmation in writing by the employer, by supporting document of the job offer which will provide the candidate with the application, the characteristics of the post to deal with and that the duration of this contract is equal to or greater than six months.

The grant is a contribution to the expenses incurred in connection with the settlement in the country of destination. This grant will only be paid if the hired candidate change their country of residence. The amount of aid is fixed, depending on the country of destination in which the residence is fixed and is covered by table II of the annex.

(c) completion of a course of languages linked to the incorporation to a job.

Any candidate with possibility of access to a job in another State of the European economic area or Switzerland, unlike the residence, including the modality of agreements in practice learning, which has been previously selected, you can request support for a language course in the country of residence or in the country of destination , after written confirmation by the employer, by supporting document of the need for the course to gain access to that job. The candidate will provide this supporting document with the application that must be performed before the start of the course. The EURES adviser will verify the candidate language training needs expressed by the entrepreneur.

Content of the course of language training will depend on the needs of the candidate and the characteristics of the offered job, regardless of other measures of integration that can provide the company.

Payment of the aid by realization of language course shall be made by the public service of State employment prior justification by candidates having completed the course and after the completion of the same. The aid will compensate for the cost of the training received, with a maximum of 1,200 euros amount. Also, prices of training will have a maximum price of 10 euros per unit of instruction (UI) of approximately 45 minutes. As a general rule, the training will be referred to short-term and intensive language courses.

For proceed to the payment of it helps for the realization of the course, a time finished this, the candidate must provide copy of the invoice with the cost of it training and supporting of the fertilizer effected, them data of it institution responsible of the course of languages, as well as certified issued by this of have exceeded it training, including the duration of the course , number of units of instruction, level / content of learning and plan training.

It will be entitled to receive support when the candidate can not attend or complete the training plan, and has not obtained certificate of having passed the same.

The institutions responsible must be recognized specifically for the delivery of courses of languages. These institutions must have an agreement with an entity certifying recognized to level national or international that allow perform them tests of evaluation and certification of them candidates with regard to the levels of the frame common European of reference for them languages (CEFR). Between these institutions is found the centers that impart courses of languages and that are registered in the register state of centers and entities of training of the service public of employment State.

2. the three types of help are compatible among themselves.

Article 8. Information and communication.

For the purposes of application of the measures of information and communication of the co-financing by the Fund Social European of them supports «your work EURES-ESF» is will be to it willing in the article 115 and annex XII of the Regulation (EU) No. 1303 / 2013, of the Parliament European and of the Council, of 17 of December of 2013.

Provision repealing only. Repeal legislation.

Repealed the Royal Decree 1674 / 2012, 14 December, which establishes the regulatory basis for the granting of public subsidies aimed at financing the action «Your first EURES job».

First final provision. Title competence.


This real Decree is dictates to the amparo of it established in the article 149.1.7. ª of the Constitution, that attributed to the State the competition exclusive in matter of legislation labour, without prejudice of its execution by them bodies of them communities autonomous.

Available to finish second. Powers of development.

The titular person of the Ministry of employment and Social Security, authorizing to dictate how many provisions necessary for the implementation and development of this Royal Decree.

Third final provision. Entry into force.

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

Given in Madrid on 14 may 2015.

PHILIP R.

The Minister of employment and safety Social, FATIMA BAÑEZ GARCIA ANNEX table I aid to candidates by interview / s of selection in a State of the space economic European and Switzerland (for incorporation to since of work, contract of practices or of learning) country amount (in euros) documentation mandatory distance between 50 and 100 km distance between 100 and 300 km distance between 300 and 500 km or top any State of the EEA and Switzerland.





100 200 300 previous: application of the candidate (form 1).

Supporting document of the proposal for the interview.





To proceed to the payment: Declaration of the company that conducted the interview (form 2).





Table II aid to candidates by transfer for incorporation to a since of work, practice and learning in a State of the space economic European and Switzerland country of destination quantity (in euros) documentation mandatory Austria.





970. previous: Application of the candidate (form 1).

Document proof of the offer of work.





To proceed to the payment: Declaration of the company of having made it recruitment (form 3).

Copy of the employment 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 Liechtenstein.





970 Lithuania.





640 Luxembourg.





920 Malta.





780. Norway.





1.030 Netherlands.





900 Poland.





620 Portugal.





780 Romania.





600 Slovakia.





700 Slovenia.





780 Spain.





840. Sweden.





1.030 Switzerland.





890 United Kingdom.





1,000 table III aid for courses of languages measure amount (in euros) documents required language courses.





Declared real costs (maximum €1,200).





Previous: application of the candidate (form 1).

Document justification of the need of the course for access to an offer of work.





To proceed to the payment: presentation of invoice and certificate of the training received.