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Royal Decree-Law 4/2015, March 22, For The Urgent Reform Of The System Of Vocational Training For Employment In The Workplace.

Original Language Title: Real Decreto-ley 4/2015, de 22 de marzo, para la reforma urgente del Sistema de Formación Profesional para el Empleo en el ámbito laboral.

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TEXT

I

The reforms undertaken by the government since the beginning of the legislature are aimed at addressing the changes that our productive model needs to put Spain on a sustainable path of growth and generate stable and quality jobs.

Vocational training for employment has an essential role in the articulation of these changes. For a sustained recovery of our economy it is necessary to strengthen human capital and its employability by improving its professional skills and competences. In addition, there is a need for a better match between supply and demand for skills, which requires anticipating the needs demanded by companies and providing young people and the working population in general with training in such a way. needs.

The vocational training system for employment in the workplace has enabled the employability and qualification of many workers in our country over the last 20 years and has been used to advance the job. linking training with collective bargaining. In addition, it has allowed the dissemination and universalisation of a training culture that reaches more than four million workers a year today and more than 478,000 participating companies in the so-called "demand training".

It has been a model of shared management between the public administrations (General Administration of the State and Autonomous Communities) and the social partners, which has made it possible to advance the improvement of the workers ' professionals and the competitiveness of Spanish companies. However, the system has highlighted certain weaknesses and inefficiencies that need to be addressed urgently to respond immediately and in a more efficient and efficient way to the training needs of workers and workers. productive system.

In this respect, the conclusions of the Social Dialogue Table, formed by the Government, the CEOE and CESME business organisations and the CCOO and UGT trade unions, on the development of the latest Vocational Training Agreement for the Employment in 2006 shows, among other weaknesses, the lack of coordination of the system as a whole; the lack of a strategic planning of vocational training for employment; its low link with the reality of the productive fabric; in particular the training of demand for SMEs; the unavailability of a system of integrated information; the lack of assessment of its impact; and an inefficient definition of the role of the actors involved in the system.

These shortcomings have weakened the current training system to address the challenges posed by the current stage of economic recovery and the trends that will influence the dynamics of the Spanish and Spanish labour market. the productive sectors in the coming years.

The new regulatory framework focuses on addressing the different position, following the impact of the recent crisis, of the different sectors and occupations in the economic recovery process; the also uneven impact of the crisis on the This is the case for a number of young people, who require specific attention; the trend towards higher skill requirements, particularly in order to cover medium-skilled jobs; the demand that the ageing of the working population will have in the qualifications needed to cover replacement jobs; the co-existence of high unemployment rates with a shortage of skilled labour supply in some emerging sectors or occupations with high levels of innovation; and the increase in the long-term unemployed collective during the recent crisis, with the (a) consequent and necessary adequacy of their employability to the new conditions of the labour market.

The current economic context is an opportunity for change. The OECD's Competence Strategy states that competences have become the international currency of the 21st century economies: in a global society, based increasingly on knowledge, it is necessary to invest in training and update it in line with the constant evolution of the requirements of the labour markets. Achieving better results requires analysing the skills profile of workers, as well as identifying and anticipating the skills required in the market, in order to develop them, thereby creating better employment and development opportunities. economic.

in the face of this situation, in a competitive environment, with ever increasing requirements for the qualification of workers and the results of the employment-training binomial, a successful model of success requires a system of vocational training for quality employment.

This implies a training system that accompanies workers in their access, maintenance and return to employment, as well as in their capacity for personal development and professional advancement. A system that promotes the acquisition and updating of knowledge, which improves the prospects of stable employment and the quality of workers, as well as the competitive advantage of companies and the Spanish economy. To this end, this system must anticipate the needs of the productive fabric and provide support for the innovative and competitive capacity of the company, based on quality human resources.

II

Law 51/1980, of 8 October, Basic Employment, when regulating the Occupational Vocational Training Programme, provided for the National Employment Institute to establish an annual occupational vocational training programme, which with free of charge, ensure the appropriate vocational training of those who wish to join the world of work or, finding themselves in it, seek to convert or achieve greater professional specialisation, giving the Plan permanent status National of Vocational Training and Insertion through Royal Decree 1618/1990, of 14 December.

Royal Decree 631/1993 of 3 May, which regulates the National Plan for Vocational Training and Insertion, initiates the separation of the training of employed and unemployed persons, reordering the actions of occupational training and placing greater emphasis on the professional reintegration of people in a situation of unemployment. From that point on, the professional retraining of the employed workers is articulated through the various National Agreements on Continuing Training (signed in 1992, 1996 and 2000).

Royal Decree 1046/2003, of 1 August, which regulates the subsystem of continuing vocational training, sets in motion a new model for the management of continuing training, moving from a model based on autonomy to the a system based on a regulatory framework that aims to provide the system with greater stability and security, without forgetting the role of the social partners. For their part, occupational vocational training continues to be regulated by Royal Decree 631/1993 of 3 May.

The Employment Vocational Training Agreement signed by the Government and the social partners on 7 February 2006 is again committed to an integrated training model for employment, which will contribute to the advancement of employment. training and lifelong learning in our country, maintaining the pillars that have allowed for its development in recent years, and trying to overcome the inadequacies of the model as well as to strengthen the elements that allow to progress even more the achievement of the objectives of training and the compatibility of the increased competitiveness of enterprises with the individual worker training.

Consequence of the said Agreement, and after thirteen years of validity of two different forms of vocational training in the field of work-occupational training and the continuous-, Royal Decree 395/2007, of March 23, by The system of vocational training for employment, which is integrated into a single model of vocational training for employment, introduces improvements which make it possible to adapt training to the employed and the unemployed. unemployed to the new economic and social reality.

The vocational training subsystem for employment is incorporated into the legal framework in force by Royal Decree-Law 3/2011 of 18 February, of urgent measures for the improvement of employability and the reform of the active policies of employment, which amends Article 26 of Law 56/2003 of 16 December 2003, of Employment and sets out the general lines of the said subsystem.

The Agreement on Proposals for Tripartite Negotiation to Strengthen Economic Growth and Employment, signed by the Government and the social partners on 29 July, reflects a commitment to the development of concrete measures in a number of areas, including the willingness to work to transform the vocational training system for employment, on the basis of social dialogue.

III

The regulation foreseen in the current royal decree-law will undertake a comprehensive reform of the system that guarantees the general interest and the necessary stability and coherence that the system requires. In accordance with the provisions of the said Agreement of 29 July 2014, this reform pursues four strategic objectives. The guarantee of the exercise of the right to the training of workers, employees and the unemployed, in particular the most vulnerable; the effective contribution of training to the competitiveness of enterprises; the strengthening of the collective bargaining in the adequacy of the training offer to the requirements of the productive system, as well as the efficiency and transparency in the management of public resources. The aim is to ensure that the system allows a culture of vocational training to be consolidated in the productive system and thus to promote the creation of stable and high-quality employment.

The reform put forward is in clear harmony with the policies of flexicurity promoted by the European Union based on the idea of employability. The new model is developed taking into account the guidelines for the employment policies of the Member States. In addition, the reform is one of the objectives reiterated in the National Reform Plan and in the Council's recommendations on the 2014 Stability Programme of Spain, in order to improve the effectiveness of the active policies of the (i) work in such a way as to provide adequate training and ensure the correspondence between demand and supply of employment.

We also take into account the constitutional doctrine that the professional training model for employment has a generic incardination in the exclusive competence of the State in the field of "labor law". (Article 149.1.7. of the Spanish Constitution), although it does not exclude that there may be cases in which, taking into account the type of activity to which it is oriented, the training action is linked to another title of competence, with the consequent consequences for the delimitation of the extent of the State's competence. It adds that there is no denying the effect that in this area the provisions of Article 149.1.13. of the Spanish Constitution, which attributes to the State exclusive competence in the field of bases and coordination of general planning, cannot be denied. of economic activity, as soon as there are aspects of vocational training linked to the promotion of employment, which could be covered by the article, but as a specific and complementary title.

The new framework delves into the transformation initiated by Law 3/2012, of July 6, of urgent measures for the reform of the labor market. This meant the explicit recognition of an individual right to the training of workers, giving priority to training actions related to new technologies or the internationalisation of the company and allowed, by the first time, the direct access of the training centres to the funds available for the management of the training plans of the workers who up to date were limited to the employers ' and trade union organisations.

Since then, on the basis of the collaboration around the Sectoral Conference on Employment and Industrial Affairs, there have been decisive developments in the field of activation policies for employment with the objective of to improve the capacity of public employment services to accompany unemployed workers in their return to employment process and to promote opportunities for the promotion and improvement of workers employed in the course of their career professional.

The collaboration has been reflected in the Spanish Employment Strategy for 2014-2016, which is the multi-annual framework that institutionalizes the measures to be implemented, both from the Public Employment Service State as from the public services of regional employment, for the achievement of common objectives and with a commitment to transparency, evaluation and guidance to results.

In a manner consistent with the aforementioned Strategy and thanks to joint work between administrations, important measures have been developed, among others, in the field of public-private collaboration in labor intermediation, the gradual transformation of the vocational training system for employment or, in the framework of the 2013-2016 Youth Entrepreneurship and Employment Strategy, the creation of the Youth Guarantee Scheme, to facilitate access for young people under the age of 25 to the labour market.

The revival of the Spanish economy and employment now demand to deepen the activation measures for employment, particularly in the field of vocational training for employment in the field of employment.

IV

In order to address all the deficiencies identified in the vocational training system for employment in the field of employment and to comply with the objectives and principles agreed in the framework of the Social Dialogue, this real Decree-law sets out the reform of the vocational training system for the use of the vertebral axes described below.

Chapter I describes the object of the rule and establishes, together with the purposes of the vocational training system for employment, that it will be applicable throughout the national territory and will respond to coordinated action, collaborative and cooperative between the competent public administrations and the other actors involved in it, while respecting the framework for the distribution of competences.

The inspiring principles set out in Article 3 define the system as a coherent framework for planning, efficient implementation, monitoring and permanent evaluation, with entities providing vocational training for employment in the field of quality of work and renewed tools for information, monitoring and control. This system also highlights the role of collective bargaining and social dialogue as essential tools for a more effective and targeted system to meet the real needs of businesses and workers.

This is also consistent with the financial unit of the system and its economic regime which guarantees the principle of the unit of the quota for vocational training.

The new legal framework also requires the amendment of Article 26 of Law 56/2003 of 16 December 2003 to establish the general lines of the new vocational training model for employment in the field of employment. work.

Chapter II introduces, in a novel way, the elements of an efficient system of observation and prospecting of the labour market, to detect changes in the demands of skills and competences of the fabric productive.

It is necessary to correct one of the main inefficiencies identified in the system: the lack of adequate anticipation of the needs and the planning of the training activity. The training provided must respond to a diagnosis of the reality, to an analysis of the current and future needs of companies and workers, in order to fulfill its aims in an effective way. To this end, the new system will take advantage of the potential of the coordination of the various devices and agents carrying out analysis and prospecting of the labour market.

Therefore, Article 6 provides for the development, with the participation, among others, of the autonomous communities, the employers ' and trade unions, the representative organizations of the self-employed and the social economy, a multi-annual strategic scenario, concerning the programming of all the training provided in the system. On the basis of the above-mentioned analysis, this multi-annual strategic planning scenario will incorporate economic trends and forecasts and, together with the analysis of the workers ' qualifications, will make it possible to identify the priority attention objectives, as well as the indicators for evaluation, which will be consistent with the Spanish Employment Activation Strategy.

This scenario will also include a multi-annual estimate of public funding to meet the real training needs of businesses and workers in a system of stability in the system that favours the certainty, anticipation and investment decisions.

Article 7 unequivocally introduces competitive competition open to all accredited and/or registered training providers as a general rule for the management of funds intended to finance programming training of the various public administrations.

This principle of competition, which has been introduced gradually in the calls for grants over the last few years, is established as a basic feature of the management of funding by all Member States. Competent authorities in the field of vocational training. This development is also consistent with the recommendations of the Court of Auditors ' report on the management of the Tripartite Foundation for Training in Employment in relation to the training subsystem (a) professional employment in the field of supply training, for the financial year 2010.

In addition, Article 7 provides for the possibility for public administrations, in their respective fields of competence, to be able to articulate a "training check" for unemployed workers in order to provide them with training they need. This is a novel tool that will allow freedom of choice between the entities attached to the specific devices that are developed for monitoring.

To these improvements in efficiency, the simplification of access to financing by means of ensuring the quality of the training is combined. Hence the provision in Article 8 of this royal decree-law to develop the scheme for the granting and justification of subsidies, or other forms of financing, through modules, once the market prices of the various Training specialties.

Chapter III sets out a new approach to vocational training initiatives for employment, placing the companies themselves and the workers at the centre of the system. This real decree-law poses a new role of the training that the company program for its own workers, called to be the main tool in order to offer an immediate answer to the changing needs of the sectors and to strengthen its own capacity for innovation, while meeting the needs for adaptation, qualification and employability of workers. In the new model all companies will participate to some extent with their own resources in the financing of the training of their workers.

Article 11 provides that the various administrations, in their respective fields of competence and in the absence of the business, will complete the training offer with their own programming for workers. occupied, in which the employers ' and trade union organisations will no longer be holders of training plans, although they will participate in their design, programming and dissemination.

The detection of needs will be realized taking into account the referred multi-annual scenario and with the participation of the business and trade unions, the representative organizations of the autonomous and the economy intersectoral social and any number of organisations or entities with proven experience in the field is decided by the competent authorities.

Also, the competent authorities will also be planning training for unemployed workers as provided for in Article 12, in which the work of public services will be particularly relevant. employment, which will have to identify the profiles and individual and personalised routes of employment of the beneficiaries, in line with the new developments introduced by the Spanish Employment Strategy.

In all the above mentioned initiatives, online training is enhanced in the face of traditional distance learning, which is suppressed, in a manner consistent with the evolution of new technologies and the guarantees they offer in scope and quality of the training.

accredited and/or registered training institutions, both public and private, in addition to their role as providers of training, will be responsible for monitoring learning and evaluating them. Among the entities that will be able to provide training for employment are included companies that develop training actions for their own workers, as well as for workers in their group or business network, or for the unemployed, well with hiring commitment or other agreement with the Public Employment Services. To this end, they may use their own means or use their procurement, provided they are appropriate for this purpose.

Chapter IV sets out the new forecasts relating to the control of training and the system of penalties, with the aim of ensuring the principle of zero tolerance against fraud in the management of training funds. professional for employment. This requires the amendment of the recast text of the Law on Infrastructures and Sanctions in the Social Order, approved by the Royal Legislative Decree 5/2000 of 4 August, in various aspects to avoid and successfully correct situations of bad praxis.

On the one hand, the responsible subjects are expanded to include the training entities and those who assume the organization of the training programmed by the companies. Furthermore, in order to adapt them to the existing rules and to the social reality, the existing types of offenders are modified, new types are created, such as the failure to comply with the prohibition on subcontracting, which is typified as very serious infringement, and, finally, a greater administrative reproach is required when considering an infringement for each company and training action.

On the other hand, the joint responsibility of the individuals involved in the fraudulent obtaining of aid, subsidies and bonuses is established and the sanctions are tightened, so that the beneficiaries of the Professional training for employment cannot be made again for a period of 5 years in the event of a very serious infringement.

Finally, in order to ensure a strengthening of the control and sanctioning capacity, the creation of a Special Inspection Unit within the Special Directorate under the Central Authority of the Labour Inspectorate is envisaged. and Social Security.

This royal decree-law contains in its Chapter V the implementation of an integrated system of information that ensures the traceability of training actions and the comparability, consistency and permanent updating of all the information on vocational training for employment which is carried out in the various fields of competence.

This integrated system will make it possible to develop three key instruments for dissemination, quality assurance and transparency for the system referred to in Article 22: the Training Account, which will accompany the worker throughout the of his professional career in order to prove his formative history and to guide the training offer to the increase of his employability; the Catalogue of Formative Specialties, which will be a common reference of all the formative offer that is programmed for employed and unemployed workers and will be the subject of a permanent update; and State register of public training institutions, which shall be incorporated into the results of the audits or quality checks carried out on those entities.

From the hand of the best information systems, a commitment of permanent evaluation is introduced and in all phases of the training process. The emphasis of the evaluation is on the quality and the real impact of the training, in terms of improvement in the performance of the job or the insertion of the workers. It will be these results that will allow to improve the decision making about the adequacy of the training actions to the needs of the market and the efficiency of the economic resources and means employed.

Together with these evaluations, quality audits will be carried out on the entities that provide the training and their results will be made public, so that companies, workers and administrations have all the information possible on a more transparent system.

Finally, Chapter VI refers to system governance and defines a new role for the different actors and bodies involved in system governance.

Through the transformation of the aforementioned governing bodies and, in particular, the Tripartite Foundation for Training in Employment in which the representation of the General Administration of the State should be majority. The role of the social partners in the system is the subject of changes in quality: its leadership is promoted in the strategic design, in the planning, programming and dissemination of vocational training for employment, especially in the to the employed workers. It is about making the best possible use of the experience and knowledge that can bring its closeness to the productive fabric through a contribution that will, in fact, represent one of the great strengths of the new training system. professional for employment.

In a consistent way with this new role and with the changes already operated in the system since the February 2012 labour reform, the social partners cease to participate in the management of funds and in the delivery of training as This has been done so far, leaving this role to the entities that provide vocational training and who will develop this task in a new, more competitive environment.

The actual decree-law is completed with nine additional provisions, two transients, one repeal and seven endings.

The additional provision sets out the special attention to small and medium-sized enterprises which will have to promote public employment services, while the second provides for a boost to the "training check" through the measures to be proposed at the Sectoral Conference on Employment and Labour Affairs.

The third additional provision provides a necessary impetus to the key instruments of the National System of Qualifications and Vocational Training, among which are the procedures for accreditation of the experience In order to strengthen the opportunities for qualification and the adequacy of training actions to the needs of workers and the productive system.

The fourth additional provision refers to the necessary measures for the production of statistics that reflect the totality of the training activity that takes place throughout the territory of the State.

The fifth additional provision provides for the adaptation of the Tripartite Foundation for Training in Employment in accordance with the provisions of this standard.

For its part, the additional provision sixth refers to the financing of the programming and planning activities envisaged in the system through the budget of the State Foundation for Training in the Employment.

The seventh additional provision gives a mandate to the Government for the analysis of the set of bonuses for recruitment and reductions in social security contributions in force in all territorial areas and their presentation by 31 May 2016.

The eighth additional provision provides that the remaining appropriations for the vocational training system for employment in the field of employment which may occur at the end of each financial year in the credit reserve State Employment Public Service, may be incorporated in the appropriations corresponding to the following financial year, in accordance with the General Budget Law of the State concerned.

The ninth additional provision contains a forecast for the absence of an increase in public expenditure as a result of the measures of this royal decree-law.

The transformation of the vocational training model for employment does not end with the approval of this royal decree-law. In its development a new royal decree and a ministerial order will be approved which will repeal the entire legal framework in force, constituted by Royal Decree 395/2007, of 23 March, which regulates the subsystem of vocational training for employment, and all standards that develop it.

However, this subsequent regulatory development should not delay the implementation of the essential elements of the new vocational training model for the employment described above, which will apply from the entry into force of this Royal Decree-law.

Therefore, the first transitional provision states that the said Royal Decree 395/2007 of 23 March 2007, as well as its implementing rules, will remain in force only in those areas where it cannot be applied. The provisions of this royal decree-law until the provisions of this royal decree are not developed, detailing the forecasts that will be of direct application for greater legal certainty.

In any case, an important part of the effectiveness of the changes goes beyond the new regulatory framework, as there are instruments and measures in which the success of its implementation will depend in a fundamental way on the commitment of all the actors involved in the Vocational Training System for Employment.

The second transitional provision includes the cross-sectional competences that should be considered as priorities for the purposes of the training programming in 2016.

The final provision first refers to the title of competence, while the second provides for the organisation of the special inspection unit responsible for surveillance and control functions in the field of training. professional for employment.

By the third final provision, the Law 20/2007 of July 11 of the Statute of the Autonomous Worker is amended to incorporate the business organizations among those with legal capacity to act in the representation of self-employed workers and to clarify certain points relating to the representativeness of the self-employed organisations.

By the fourth final provision, the integration of the officials and pensioners of the Montepios de las Administraciones Públicas de Navarra in the National Health System is being carried out, thus complying with the provisions of the the third provision of Law 3/2014, of 27 March, amending the recast text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by the Royal Legislative Decree 1/2007, of 16 November. In addition, the fifth final provision enables the modification by regulatory status of the regulatory rule that is the subject of modification by the previous final provision.

Finally, the final provision sixth enables the Government to carry out regulatory developments that are precise in implementation of the actual decree-law and the seventh provides for its entry into force.

V

In the measures taken in the present royal decree, the circumstances of extraordinary and urgent necessity demanded by Article 86 of the Spanish Constitution are fulfilled as a premise for recourse to this figure of the real decree-law. The extraordinary and urgent need required by Article 86 of the Spanish Constitution to legislate by means of royal decree is predicable on an individual basis with respect to each of the measures adopted but, in particular, of the assembly that they integrate.

The reform of the Vocational Training System for Employment in the field of employment is indeferable in the economic and employment context in which we are, in order to accelerate the potentially beneficial effects that may have this reform, in terms of job creation, at the current moment of recovery of the Spanish economy.

Training has a determining impact on employment. In fact, the employment lost during the recent economic recession has been mostly in low level training occupations. Between 2007 and 2013 more than half of the workers who had not passed primary education lost their jobs. In contrast, the number of those employed with higher education increased by 2%.

Formative gaps have a quantifiable negative impact on workers ' employment opportunities: people with a lower level of basic skills are exposed to almost twice as much as possible. unemployed with the economic and social loss involved (PIAAC Report, 2010).

Despite GDP growth over the last six quarters and the recovery in employment observed, significant formative differences remain among the unemployed requiring a specific and forceful response. According to the latest data from the Labour Force Survey, corresponding to the fourth quarter of 2014, the rate of unemployment of those with only primary studies (38.07%) is 2.7 times higher than that of those with higher education (14.29%). 54% of the unemployed have not passed secondary education.

in addition, there is a differential incidence of the level of training in the time of unemployment: of the total number of unemployed workers looking for a job for at least two years, 60% have not completed secondary education. Almost 70% of unemployed workers who only have primary education have remained in this situation for more than a year, 15 points higher than what is observed among workers with higher education.

it is therefore essential to undertake the reform of vocational training for employment in order to prevent an important part of our working population from being perpetuated in unemployment (14.6% of long-term unemployment in the Community). Fourth quarter of 2014, more than double the EU average), with the serious economic and social consequences that this entails in the long term. The aim is to accelerate the process of return to employment with the best guarantees and to amplify the impact of the expected economic recovery (2% of GDP growth forecast for 2015) on the labour market.

on the other hand, the quality of the training received by the employed workers is crucial for economic recovery and employment: training helps to increase the productivity of workers in the labour market. ability to innovate and accommodate technological changes. This results in the increased competitiveness of companies and the Spanish economy. In addition, it favors the lower turnover of workers and the greater stability in employment.

Therefore, the immediate implementation of the new vocational training system for employment will contribute, in the short term, to multiplying the positive effects of the economic and employment situation expected in 2015 and 2016.

Finally, the regulation of the new vocational training model for employment is accompanied by a new regime of infringements and penalties which, in order for them to be applied on the day following their publication in the Bulletin State officer, requires that they be jointly approved by this royal decree-law.

urgency of the reform was also evident in the Agreement on Proposals for Tripartite Negotiations to Strengthen Economic Growth and Employment, which was mentioned in July 29. The Government and the social partners in this Agreement show that economic recovery requires the transformation of the model to improve the training of workers and contribute to the competitiveness of Spanish companies, at the same time. the current situation of skills mismatch in Spain must be overcome so as not to lose the job opportunities that will arise in Europe in the years to come.

Therefore, all parties committed themselves to the fact that the new model would be operational and would result in the entire system of vocational training for employment in the field of employment starting from 1 January 2015.

This rule has also taken into account two very recent events that deepen the extraordinary and urgent need for the definitive reform of the system. On the one hand, it is necessary to resolve the inefficiencies of the current vocational training model for employment which have been highlighted in the latest reports on the audit of the management of the Court of Auditors. On the other hand, the Constitutional Court's doctrine in its latest rulings on current regulations, the most recent one of 15 December 2014, allows the government to undertake a comprehensive reform of the training system. (a) professional employment resulting in accordance with the constitutional framework for the distribution of powers between the State and the Autonomous Communities, thus guaranteeing the necessary stability and coherence which the system requires.

The need for competent public administrations to be able to apply the provisions and measures introduced by this standard in 2015 to correct the serious inefficiencies and weaknesses identified, without this At the risk of continuity in the provision of training services that require workers and businesses, especially at a time such as the one described above, requires speed.

The fulfillment of the stated objectives is, among others, the enabling fact of the extraordinary and urgent need that the Constitution requires in Article 86 to approve this royal decree-law.

For its part, the measure provided for in the fourth final provision, which is the result of the integration of the officials and pensioners of the Montepios of the Public Administrations of Navarra in the National Health System, gives (a) in response to a situation of legal uncertainty as to the exercise of its right of public health coverage which bases the indefable need for its approval by means of a decree-law in accordance with Article 86 of the Constitution.

In its virtue, in use of the authorization contained in article 86 of the Spanish Constitution, on the proposal of the Minister of Employment and Social Security, and after deliberation of the Council of Ministers at its meeting of March 20 2015,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object and scope of application.

1. The purpose of this law is to regulate the planning and financing of the vocational training system for employment in the field of employment, the programming and implementation of training measures, monitoring, monitoring and sanctioning regime, as well as the system of information, assessment, quality and governance of the system, in accordance with the aims and principles set out in Articles 2 and 3.

2. The system of vocational training for regulated employment in this royal decree-law will cover companies and workers from any part of the territory of the Spanish State and will respond to a coordinated, collaborative and cooperative action between the General government of the State, the Autonomous Communities and the other actors involved in ensuring the market unit and a strategic approach to training, while respecting the existing skills framework.

Article 2. System ends.

The aims of the vocational training system for employment in the workplace are:

(a) To encourage the lifelong learning of unemployed and employed workers to improve their professional skills and their employment and training pathways, as well as their professional and personal development.

b) Contribute to improving the productivity and competitiveness of companies.

c) Understanding the requirements of the labour market and the needs of companies, providing workers with the right skills, knowledge and practices.

d) Improving the employability of workers, especially those with greater difficulties in maintaining employment or job integration.

e) Promote that professional skills acquired by workers, both through training processes and work experience, are subject to accreditation.

Article 3. Principles of the system.

The principles governing the vocational training system for employment are:

(a) The exercise of the individual right to training and the guarantee of equality in the access of workers, companies and the self-employed to training linked to the needs of the labour market.

b) The anticipation of the requirements and changes of the production model, as a fundamental way to reinforce the quality and effectiveness of the training.

c) The unity of the labour market and the free movement of workers in the development of training actions.

(d) Collective bargaining and social dialogue as an instrument for the development of the vocational training system for employment, as well as the involvement of the social partners in the design, planning and programming of the training offer to workers.

(e) the unit of cash for the vocational training quota and the access to sufficient, stable and equitable funding in the whole of the vocational training system for employment, including the financing from the cited quota, of a finalist character. This financing must be managed in a competitive competitive position open to all training providers, public and private, accredited and/or registered under the current regulations, for the delivery of all the programming training approved by the various public administrations.

f) Quality, effectiveness, efficiency and transparency in management.

g) Stability, security and certainty that enables strategic planning and promotes investment in training resources.

h) The articulation of the system through coordination, collaboration and inter-administrative cooperation within the framework of State regulatory competence, which allows for flexibility and optimization of resources intended for the system.

i) The impetus to the training programmed by the company for its own workers, with the participation of the legal representation of the workers, as an agile and flexible way of responding to the most immediate needs and close to businesses and workers.

j) The measurement of the impact of training and commitment to continuous improvement, through the reinforcement of information systems, monitoring and control, as well as ongoing evaluation at all stages of the training process, all this in the framework of the instruments that have the presence of the Administration and the business and trade union organizations.

Article 4. Amendment of Law 56/2003, of 16 December, of Employment.

Article 26 of Law 56/2003 of 16 December 2003 on Employment is amended, which is worded as follows:

" Article 26. Vocational training system for employment in the field of work.

1. The system of vocational training for employment in the field of employment is constituted by the set of initiatives, programmes and instruments which aim to promote and extend between enterprises and employed and unemployed workers. a training that meets the needs of the labour market and is geared towards improving the employability of workers and business competitiveness, in line with their aims and principles.

2. Without prejudice to the implementing powers of the autonomous communities, the General Administration of the State, in the exercise of its full regulatory competence, shall exercise coordination in the strategic design of the system. For their part, employers ' and trade union organisations will be involved in the planning, programming and dissemination of vocational training for employment, in particular in the field of workers employed through joint structures. professionalized.

3. In the framework of the strategic planning of the system as a whole, the Ministry of Employment and Social Security, with the collaboration of the autonomous communities, the business and trade union organizations and representative organizations The Committee on Social Affairs, Employment and the Social Economy will draw up a multiannual scenario for vocational training for employment and develop an efficient system for monitoring and prospecting the labour market in order to detect and anticipate changes in the labour market. demands for skills and competences of the productive fabric.

4. The system of vocational training for employment in the field of employment will have a funding, which will include that from the vocational training quota, in order to give stability to the system itself. This funding must be managed in a competitive competition open to all training providers, accredited and/or registered under the current rules, for the delivery of all the training programmes approved by the different public administrations.

In addition, public employment services will be able to provide training to unemployed workers who, according to their profile, need to take concrete training actions to improve their employability.

5. Initiatives and vocational training actions for employment will be aimed at the acquisition, improvement and permanent updating of vocational skills and qualifications, promoting training throughout the life of the European Union. active population, and combining the needs of people, businesses, territories and the productive sectors.

6. The competent public authorities shall promote the maintenance of a network of training, public and private entities, which together with their own centres, ensures a permanent offer of training for quality employment.

In addition, they will carry out effective monitoring and control of training actions, which will comprise all the initiatives and modalities of delivery and will be extended beyond the mere verification of requirements and formalities, incorporating the results of the training and contributing to the guarantee of its quality. To this end, they will strengthen their instruments and means of control, as well as their sanctioning capacity through a Special Unit of the Labour and Social Security Inspectorate.

7. The Certificate of Professionalism is the instrument of accreditation, in the field of work, of the professional qualifications of the National Catalogue of Professional Qualifications acquired through training processes or the process of recognition of work experience and non-formal training pathways.

8. The vocational training system for employment will have an integrated system of information to ensure the traceability of training actions and the comparability, consistency and ongoing updating of all information on the vocational training for employment, which will be collected in a single portal.

9. The competent public authorities shall promote their cooperation and coordination in order to improve the quality, effectiveness and efficiency of the vocational training system for employment. They will also promote processes of permanent evaluation and in all phases of the training process, as a guarantee of quality of training, in order to be able to know its impact on the access and maintenance of the job. "

CHAPTER II

Planning and financing vocational training for employment

Article 5. Prospecting and detection of training needs.

1. The Ministry of Employment and Social Security, through the Observatory of the Public Service of State Employment, and with the collaboration of the Autonomous Communities and the social agents, will develop a permanent function of prospecting and detection of individual training needs and the production system, to anticipate and provide effective responses to training and retraining needs in a changing labour market, thus contributing to the professional and personal development of workers and the competitiveness of enterprises.

2. The performance of this function shall include at least the following activities:

a) The development of a methodology and a tool for prospective analysis, in which structured procedures are defined for their development and the dissemination and translation of their results to the programming of the offer training.

(b) The strengthening of needs-detection initiatives through the coordination of the various actors which can contribute to the process, in particular sectoral joint structures, by promoting a framework of exchange of information and sharing of knowledge.

(c) The identification of the specific needs and needs of workers, based on an analysis of their professional profile, so that they can acquire the necessary skills to avoid mismatches with the requirements for the skills of the production system.

3. The results of the activities referred to in the previous paragraph shall be reflected in the multiannual scenario referred to in Article 6. They will also give rise to an annual report, which will include at least the identification of occupations with better job prospects, the training needs of workers and the specific recommendations to be made in the field of employment. programming of the training offer to employed and unemployed workers. The General Council for Vocational Training and the General Council of the National Employment System shall be informed of this report.

Article 6. Multi-annual scenario.

1. The Ministry of Employment and Social Security will design a multi-annual scenario that will act as a framework for the strategic planning of the entire vocational training system for employment in the workplace, to ensure that the system responds dynamic to the training needs of companies and workers identified from the various fields of competence and to provide an image of certainty and stability to all the actors involved in their development that allows investment in formation and generation of stable structures over time.

Its design will be carried out with the participation of the most representative business and trade union organizations, the autonomous communities, other ministerial departments, as well as the intersectoral organizations. representative of the self-employed and the enterprises of the social economy, and with the collaboration of observatories, sectoral paritorialstructures and experts in the field.

2. This multi-annual scenario shall identify at least:

(a) The trends and the foreseeable development of the Spanish economy, reflecting developments that require updating and adapting the skills of workers through training.

(b) The sectors which will be the driving force for growth and for the creation of new jobs and sectors in conversion, together with the training and retraining needs of their employees.

(c) Cross-cutting competences that should be the focus of priority attention to respond to identified trends and to promote the employability and cross-sectoral mobility of workers.

(d) Priority focus (sectoral, cross-cutting, territorial and collective) objectives and indicators to enable the assessment of development and the results of the training activity to be carried out by virtue of the that scenario. In any case, these objectives should converge with the priorities of the Spanish Employment Strategy for Employment referred to in Article 4a of Law 56/2003 of 16 December 2003 on Employment, as well as the Strategy and Guidelines. European employment and training, in force at any time.

e) The estimate of the financial resources for the vocational training system for employment during the corresponding period, so that it can meet the needs of companies and workers. As provided for in the following Article, this projection may incorporate the own resources which the autonomous communities intend to allocate in the exercise of their competence and as determined in the framework of the Sectoral Conference. Employment and Labour Affairs.

Article 7. Funding.

1. The vocational training system for employment in the field of employment will be financed by the funds from the vocational training quota provided by companies and workers, in accordance with the provisions of the Law of General budgets of the State of each financial year, as well as the specific contributions established in the budget of the State Employment Public Service, and with the own funds that the Autonomous Communities may allocate in the financial year their competence. Similarly, the actions of the vocational training system for employment may be the subject of co-financing through the European Social Fund or other European aid and initiatives.

In the same way, and in order to guarantee the universality and support of the system, this system can be financed by the number of contributions by vocational training to other beneficiaries in the Law of General Budget of the State of each financial year.

2. The funds from the General Budget of the State for the financing of training initiatives managed by the Autonomous Communities will be distributed in accordance with the provisions of Article 86 of Law 47/2003 of 26 May 2003. November, General Budget. In addition, in the allocation and monitoring of these funds, the Spanish Employment Strategy for Employment in force will apply at any given time and, in particular, its distribution among the autonomous communities according to the degree of compliance. the objectives set out in the Annual Employment Policy Plan for each financial year, as well as the control and guarantee of maximum efficiency in the use of such funds.

3. The following forms of financing

be used in the implementation of the vocational training funds referred to in paragraph 1:

(a) Bonifications in enterprise social security contributions, which will not be subvencional in character. They shall apply to the training planned by the companies for their employees, to the individual training permits and to the training activity of the contract for training and learning.

(b) Competitive competition grants, which will apply to the training offer for unemployed and employed workers, including specifically aimed at self-employed workers and the social economy, as well as mixed public employment-training programmes. The concurrency shall be open to all training institutions which comply with the accreditation and/or registration requirements in accordance with the rules in force, except in the case of training programmes with recruitment commitments, in which case the It shall be open to undertakings and entities which undertake to carry out the relevant contracts on the terms which they regulate. In addition, in the public employment and training programmes, the concurrency will be open to the entities established by their specific regulatory regulations.

In the management of the grants referred to in this paragraph, the regulatory bases referred to in paragraph 6 shall apply.

The competent public employment services may, as an alternative to calls for grants, provide a "training check" to unemployed workers who, according to their profile, need to take action Concrete training to improve employability. In this case, the worker shall pay the cheque to a training institution selected by the person from which he or she meets the accreditation and/or registration requirements laid down to provide the training, which, in turn, is selected by the competent authority to be part of the specific information and monitoring system that is developed for this purpose.

Without prejudice to the foregoing, the competent public authorities may apply the public procurement regime or any other legal formula adjusted to the law guaranteeing advertising, the concurrency, the provisions of Article 8 and the other provisions contained in this Royal Decree-Law concerning the management of funds from the vocational training system for employment, their monitoring and control, as well as the quality and evaluation of training imparted.

(c) The direct grant of grants shall apply to grants and aid for transport, maintenance and accommodation which are granted to the unemployed who participate in the training measures and, where appropriate, to the financial compensation for companies for the performance of professional non-working practices, provided that the exceptionality referred to in Article 22.2 of Law 38/2003, of 17 November, General of Grants, is present.

Likewise, and without prejudice to those other initiatives for which the direct grant of grants under Law 38/2003 of 17 November is foreseen, this form of grant will be applied for reasons of public and social interest, to the agreements signed by the competent public institutions for the training of persons in a situation of deprivation of liberty and the soldiers of troops and mariners who maintain a temporary relationship with the Armed Forces.

4. The financing of the training of public employees shall be allocated to the percentage which, in respect of the funds from the vocational training quota, shall be determined by the General Budget Law of the State of each financial year. This training shall be carried out through the specific programmes which are promoted in accordance with the training arrangements to be signed in the field of public administrations.

Without prejudice to the above agreements, the orders establishing the regulatory bases for the grant of financing for the training of public employees will be governed by the competitive competition open to all training entities which comply with the requirements for accreditation and/or registration in accordance with the rules in force.

5. The financing of training actions aimed at training for the development of functions related to collective bargaining and social dialogue will be used for the amount that the General Budget Law establishes annually. of the State.

6. By order of the holder of the Ministry of Employment and Social Security, the regulatory bases for the granting of the public subsidies mentioned in this article will be established and will apply to the different administrations. competent in the management of all the funds referred to in paragraph 1. These regulatory bases will only provide for the financing of the training actions carried out on the basis of the grant of the corresponding grant.

In addition, these bases will be able to provide for the deliveries of funds prior to the commencement of the training activity, as set out in Article 34 of Law 38/2003 of 17 November, with a maximum limit that in no case may exceed 25% of the amount granted. The payment of up to an additional 35% may also be envisaged once the commencement of the training action has been established. In any event, a minimum of 40% of the amount granted shall be made effective after the final and justified training activity is completed.

These bases may not, under any circumstances, include criteria for the granting of subsidies involving the reserve of activity for certain entities, as well as other criteria other than aspects of technical solvency and financial.

The management of the different competent authorities of the funds referred to in the preceding paragraphs shall be in accordance with the principles set out in Chapter II of Law 20/2013 of 9 December 2013 on the guarantee of the market unit.

The order referred to in this paragraph shall also establish the mechanisms for the justification and payment of the amounts referred to in paragraph 5.

Article 8. Economic modules.

1. For the purposes of the following paragraphs, the economic module shall mean the cost per participant and time of training which may be the subject of public funding. The economic modules shall apply to all vocational training initiatives for employment, including the training of public employees.

2. By order of the holder of the Ministry of Employment and Social Security, specific economic modules shall be established for the various forms of training provided for in the Catalogue provided for in Article 22.3, subject to the examination of their suitability for market prices according to the uniqueness, specialization and technical characteristics of those, as well as the modes of delivery. These economic modules will be regularly updated.

Where the provisions of the preceding subparagraph are carried out, the rules governing the granting of subsidies, which shall apply as provided for in the second paragraph of Article 7.3.b), may provide for the granting and justification through modules, according to the regulation contained in Articles 76 to 79 of Royal Decree 887/2006, of 21 July, approving the Regulation of the General Law of Grants.

3. The maximum economic modules to be applied in the financing of the costs of the training activity carried out and justified for those specialties or training measures for which the costs have not been established shall be fixed. specific modules referred to in the previous paragraph.

In the amount of these modules the direct costs and indirect costs of the training activity will be understood. Indirect costs shall not exceed 10% of the total cost of the training activity carried out and justified.

On the other hand, the organisation costs of the training provided by the companies may be financed, provided that they entrust the organisation of the training to an external entity as provided for in Article 13. These costs will not exceed 10% of the cost of training, although they will be able to reach a maximum of 15% in the case of training measures for workers of companies with between 6 and 9 employees in the labour market. template, as well as up to a maximum of 20 percent in case of companies with up to 5 workers in staff.

The incompatibilities between financial concepts such as indirect costs and costs of organising training will be established.

4. In no case shall the goods, products, materials or services which are delivered, made available or provided by the training institutions or the external organisations organising the public financing be understood as the cost of public financing. training and which are not strictly necessary for the delivery of the training activity.

CHAPTER III

Programming and running the training

Article 9. Vocational training initiatives for employment.

1. Each of the forms of vocational training for employment is understood as a training initiative aimed at giving immediate response to the various individual needs and the productive system. In particular:

a) The training programmed by the companies, for their workers.

(b) the training offer of the competent authorities for employed workers, consisting of the sectoral training programmes and the transversal training programmes, as well as the qualification and training programmes; professional recognition.

(c) The training offer of the competent authorities for unemployed workers, which includes training programmes aimed at meeting the needs identified by the public employment services, the programmes specific training and training programmes with commitment to recruitment.

(d) Other vocational training initiatives for employment, relating to individual training permits, training in alternance with employment, the training of public employees and non-funded training with funds for the training of young people. The public sector has been developed by private initiative centres and entities for the purpose of obtaining certificates of professionalism. Training initiatives are also considered to be related to the training of persons in a situation of deprivation of liberty and the training of soldiers of soldiers and mariners who maintain a temporary relationship with the Forces. Armed, upon subscription of the relevant conventions between the competent public institutions.

2. Vocational training initiatives for the employment referred to in the previous paragraph, together with the training actions which integrate them, shall be aimed at the acquisition, improvement and permanent updating of skills and qualifications. This is the first time that the Commission has been able to make the most of its work in the field of education

training, in particular in the field of vocational training.

Without prejudice to the foregoing, in the training offer scheduled by the competent authorities, the duration of the training actions shall be adjusted as set out in the Catalogue provided for in Article 22 for the relevant Training specialty. In the training planned by the undertakings, the training actions shall be subject to a minimum duration of one hour. In any event, the activities of a informative or divulgative nature, the object of which is not the development of a training process, shall not be taken into account.

Article 10. Training scheduled by the companies.

1. In the case of training scheduled by undertakings, employees who provide their services to undertakings or public entities not covered by the scope of the training agreements in the general government may participate. referred to in Article 7.4, including fixed-discontinuous workers in periods of non-occupation, as well as workers who, during their participation in this training, have access to unemployment and the workers concerned temporary suspension of contracts for economic reasons, technical reasons, organizational or production, in their periods of suspension of employment.

2. The training actions planned by the companies will respond to the real, immediate and specific training needs of those and their employees. These actions will be developed with the necessary flexibility in their contents and the moment of their delivery to meet the training needs of the company in an agile way and adjust the skills of their workers to the requirements changing.

The aforementioned programming will be carried out in accordance with the right of information and consultation of the legal representation of the workers, to whom it will have to request a report in a prescriptive way, and that it will be compatible with the agility in the Start and development of training actions.

3. Companies may organise the training of their employees themselves, as well as provide training by using their own means or by making use of their recruitment.

In the case of a group of companies, any of the companies in the group will be able to organise the training of the group's employees themselves, as well as to provide training using their own means or by using their own resources. procurement.

In both cases, the company will have to communicate the start and end of the training actions scheduled under this initiative before the Administration, and must ensure the satisfactory development of the training and training actions. the monitoring, control and evaluation functions, as well as the adequacy of the training to the actual training needs of the enterprises.

Companies may also choose to entrust the organisation of training to an external entity as provided for in Article 13. In this case, the training shall be carried out by a training institution accredited and/or registered in the register of training institutions as provided by the competent public administration referred to in Article 16. Neither the organization nor the partition activity may be subcontracted.

4. For the financing of the costs arising from the training provided for in this Article, each year, from the first day of the financial year, the enterprises shall have a 'training loan', which may be made effective by means of In the case of the Commission, the Commission has taken the necessary steps to ensure that the social security measures are not taken into account. The amount of this training credit will be obtained on the basis of the amounts paid by each company in the previous year in respect of the vocational training quota and the percentage which, depending on its size, is established in the Budget Law. General of the State of each financial year.

In case of membership of a group of companies, each company may have the amount of the credit that corresponds to the group, as established in the previous paragraph, with the limit of 100 percent of the amount of the (a) in vocational training. The provisions of this paragraph shall have effect from 1 January 2016.

In addition, the General Budget Law of the State of each financial year may establish a minimum training credit according to the number of employees that the companies have in their templates, which may be higher than the of vocational training entered by those in the social security system.

5. Companies will participate with their own resources in the financing of the training of their employees according to the minimum percentages which, on the total cost of training, are set out below according to their size:

a) Companies 1 to 9 workers: 5 percent.

b) From 10 to 49 workers: 10 percent.

c) From 50 to 249 workers: 20 percent.

d) Of 250 or more workers: 40 percent.

The wage costs of workers receiving training on the working day will be considered as part of the private co-financing. For these purposes, only the hours of the day in which the workers actually participate in the training may be taken into account.

6. Where the worker is able to carry out training activities aimed at obtaining vocational training for employment within the framework of a training plan developed by a business initiative or committed by collective bargaining, In any case, it shall be deemed to have fulfilled the right of the worker to the paid leave of 20 hours per year of vocational training for employment, as recognised in Article 23.3 of the recast of the Law on the Staff Regulations, adopted by Royal Decree Legislative 1/1995 of 24 March. In this case, the cost of the training activity linked to the said licence may be financed by the training credit allocated to the undertaking, as provided for in paragraph 4 of this Article. In addition, this paid leave of 20 hours per year shall be deemed to be fulfilled with the authorisation of the individual training permit worker referred to in Article 9.1.d

Article 11. Training offer for employed workers.

1. The training offer for employed workers is intended to provide them with training to meet the requirements of productivity and competitiveness of enterprises, to the needs of adaptation to changes in the production system and to the opportunities for professional promotion and personal development of workers, in order to enable them to perform the skills of the various professions and to enable them to improve their employability.

This training offer will cater to the needs not covered by the training planned by the companies and will be developed in a complementary way to this through training programs that include training actions that respond to needs of a sectoral and transversal nature. In particular, this training offer should ensure, in addition to the sectoral training programmes, training in cross-skills in line with the needs identified in the multiannual scenario and the annual report to which they relate. Articles 5 and 6. Similarly, in order to encourage and facilitate the participation and access of the employed workers to the training offer aimed at obtaining certificates of professionalism, the competent authorities will develop programmes of (a) a vocational training and recognition offering, in order to achieve this, a provision of modular training which favours a cumulative partial accreditation, as well as procedures for the effective recognition of the skills acquired by the work experience.

2. The identification of needs as well as the design, programming and dissemination of the training offer for employed workers shall be carried out, taking into account the multiannual scenario provided for in Article 6, with the participation of:

(a) the most representative and representative employers ' and trade unions in the field of action and industry, through the sectoral joint structures which are set up, in relation to the sectoral training programmes and vocational qualification and recognition programmes which are of such a sectoral nature.

(b) the most representative and representative employers ' and trade union organisations in the relevant field of action, in respect of the transversal training programmes and the qualification programmes; and professional recognition having such a transversal character.

(c) the representative organisations of the self-employed and the intersectoral social economy, as well as those with sufficient implementation in the relevant field of action, with regard to training specifically targeted at self-employed workers and the social economy in the area of participation to be established.

d) How many organizations or entities with proven expertise in the matter are decided by the competent authorities.

3. They may participate in the training provision provided for in this Article, in addition to the employed workers, the unemployed as a function of the limit to be established in a manner consistent with the economic situation of the labour market at any time.

Article 12. Training offer for unemployed workers.

1. The training offer for unemployed workers is intended to provide them with training tailored to individual training needs and the production system, enabling them to acquire the skills required in the labour market and improve their employability. This shall take into account the profile of the worker drawn up by the public employment services in accordance with the provisions of the Common Portfolio of Services of the National Employment System.

The design, programming and dissemination of this training offer corresponds to the competent public administrations, with a mandatory and non-binding report of the employers ' and trade unions according to the Participation established in each field of competence.

2. The training offer for unemployed workers will be developed by means of programmes of the competent authorities to cover the training needs identified in the personalised routes of integration and in job vacancies, specific programmes for the training of persons with special training needs or with difficulties in their integration or retraining and training programmes which include recruitment commitments.

In addition, the training actions included in this offer may be oriented to the promotion of self-employment and the social economy, as well as to contemplate the realization of professional non-working practices in companies.

3. In general, the training provision provided for in this Article will give priority to the unemployed with a low level of qualification and will preferably include actions aimed at obtaining certificates of professionalism, in addition to (a) other programmes which are programmed by the competent authorities according to the needs of the unemployed population, the skills required by the labour market and the occupations and sectors with the highest employment prospects.

Article 13. Organization of the training scheduled by the companies for their employees.

1. The training referred to in Article 10 may be organised by the undertaking itself or be entrusted to employers ' or trade union organisations, to joint structures set up in the field of collective bargaining with a view to own legal personality, associations of self-employed workers and of the social economy or other external entities, including accredited and/or registered training institutions in the relevant register enabled by the Administration competent public, as referred to in Article 16.

2. The entities entrusted by the companies with the organization of the training for their employees will be obliged to communicate the beginning and the finalization of the training actions programmed under this initiative before the Administration agree with the company, and must ensure, in any case, the satisfactory development of the training actions and the monitoring, control and evaluation functions, as well as the adequacy of the training carried out to the actual training needs of the companies.

In addition, those entities shall be the ones that hire the accredited and/or registered training entity that provides the training actions, except in the case of the same entity.

In addition to these obligations and those which can be regulated by law, the aforementioned entities must provide the companies for which the training of their employees is organised by the documentation relating to the organisation, management and delivery of the training actions, as well as the information necessary for the correct application of the bonuses by those companies.

They must also be subject to the checks, monitoring and control carried out by the competent public authorities and other control bodies, ensuring the satisfactory development of these actions.

Article 14. Programming and management of training offerings.

1. The programming of training offers, as provided for in Articles 11 and 12, must be consistent with the objectives of the employment policy and shall include, among its references, the multiannual training scenario, the annual survey report and Detection of training needs and the catalogue of training courses provided for in Article 22.3.

These schedules may be annual or multi-annual and shall be approved, for the purposes of their public financing, by the competent authorities in their respective management areas as provided for in the paragraph and without prejudice to the participation of the organisations referred to in Article 11 (2). In order to ensure the exercise of the right to training at any time and place, such programmes shall contain a broad, flexible, open and permanent offer of training, as well as accessible to all workers, is the place of their residence, so that they can give agile answers to the training needs that arise in the labour market and that require the adaptation of the workers.

2. The planned training offers will be based on a prior diagnosis of needs and will clearly and accurately set out the objectives pursued with their implementation. In addition, the improvements introduced in the implementation of the results of the evaluations will be detailed and the priority training actions will be identified, which will try to anticipate the formation of the new production model, betting on the most innovative sectors.

3. The principles of publicity, objectivity and free competition in the management of public calls for the financing of training will be guaranteed. The managing bodies shall publish on their websites, after the completion of the said process, the relationship of beneficiary entities with specification of the type or lines of programme, the technical score and the funding obtained.

The principles provided for in the preceding paragraph shall also be ensured in the selection of duly accredited and/or registered training institutions participating in the establishment of the training cheque provided for in the Article 7.

4. Information on the training actions planned and implemented in each field (state, regional, enterprise or sector) will be integrated, for statistical purposes and monitoring, into a common database to be administered by the Public Service. State Employment.

5. The competent public authorities must avoid duplication and overlap between the different management areas, both in terms of the training actions planned and the content and the addressees of them, as well as possible gaps in the coverage of training needs.

Article 15. Partition of the training.

1. Vocational training for employment may be provided in person, by means of tele-training, or in a mixed manner, by combining the two previous arrangements.

Set out in this section will produce effects from January 1, 2016.

2. They may provide vocational training for employment:

(a) Companies that develop training actions for their own employees, as well as for workers in their group or business network, or for the unemployed, either with a commitment to hire or another agreement with the services public employment. To this end, they may use their own means or use their procurement, provided they are appropriate for this purpose.

(b) Public administrations competent in the field of vocational training for employment, either by means of appropriate centres for the provision of training or by means of conventions or concerts with entities or undertakings (a) public authorities who are accredited and/or registered to provide the training, in which case the latter may not subcontract with third parties the execution of the training activity, not considering subcontracting for these purposes, teaching staff.

In any case, the National Reference Centers and the Integrated Centers for Professional Training of Public Entitlement are considered to be their own.

(c) Training institutions, public or private, accredited and/or registered in the relevant register, as provided for in the following Article, for the provision of vocational training for employment, including the Centres Integrated vocational training of private ownership. Workers belonging to the staff of these institutions, in the event of acting as a beneficiary or supplier of the training offer governed by Article 11, may take part in the training measures which they manage up to a limit of 10 percent of total participants without exceeding, in any case, the limit of 10 percent of the total of their workers in the workforce.

In addition, these entities may not subcontract with third parties the execution of the training activity awarded to them. For these purposes, the recruitment of teaching staff for the delivery of training shall not be considered subcontracting.

Article 16. Accreditation and registration of training institutions.

1. Training institutions, public and private, must be registered in the relevant register, which is enabled by the competent public administration, in order to be able to provide any of the specialities included in the Catalogue of Specialties. Training provided for in Article 22.3. Without prejudice to the obligation to communicate the commencement and termination of training actions, the registration referred to in this paragraph shall not require undertakings providing training for their employees to be with their own means or by making use of the contract. In the event that the undertaking chooses to entrust the organisation of the training to an external entity as provided for in the fourth paragraph of Article 10.3, if registration is required in the relevant register of the training institution which the issue, even where it is not a training set out in the Catalogue of Formative Specialties as provided for in Article 22.

In order to be able to provide vocational training for the job of obtaining certificates of professionalism, the training institutions must be accredited by the competent public administration. Such accreditation shall entail registration in the register provided for in the preceding paragraph.

Enrollment in the record referred to in this section will not have a constitutive character.

2. The competence to carry out such accreditation and/or registration shall be the responsibility of the competent authority of the Autonomous Community in which it radiuses the training facilities and resources of the training institution concerned.

For their part, the Public Employment Service will be responsible for the accreditation and registration of training entities using tele-training platforms. It will also be up to the State Employment Public Service to accreditation and register mobile centres when their training takes place in more than one Autonomous Community. They may also request their accreditation and registration of training institutions which have permanent training facilities and resources in more than one Autonomous Community.

3. For the accreditation and/or registration of training institutions in the field of training or training in question, they must have sufficient facilities and human resources to ensure their technical solvency to provide training, both theoretical and practical, as well as the quality of the training. The facilities and resources may be owned or owned by third private or public entities where this does not imply subcontracting the execution of the training activity, and the corresponding agreement or availability contract.

Where training is aimed at obtaining certificates of professionalism, training institutions shall, for their accreditation and maintenance, meet the requirements specified in the actual decrees which regulate the corresponding certificates of professionalism. For other forms of training, such requirements shall be those specified in the Catalogue of Proprietary Medicinal Products provided for in Article 22.3.

4. Training institutions interested in registering in the relevant register to provide training courses which are not aimed at obtaining certificates of professionalism must be presented to the competent public administration. a responsible declaration on compliance with the requirements laid down in the first subparagraph of the previous paragraph. The presentation of the responsible declaration shall enable the start of the activity from the moment of the presentation. The competent Public Administration shall automatically register the training institution in the register on the basis of the responsible declaration submitted, without prejudice to the subsequent monitoring of compliance with the requirements.

The training institutions concerned to register in the relevant register to provide training other than the specialities provided for in the Catalogue of Proprietary Medicinal Products will also have to submit to the Competent public administration a responsible statement according to the specific model to be developed for this purpose.

For their part, training institutions interested in providing training courses for the purpose of obtaining certificates of professionalism must submit a request to the competent public administration. (a) accreditation, which is considered to be unresolved within six months from the date of its submission.

In any event, the accreditation and/or registration shall be unique and valid for the provision of services throughout the national territory, as provided for in Article 20 of Law 20/2013, of 9 December, of guarantee of the Market.

5. Each of the records authorised by the competent public authorities shall be coordinated with the State Register of Training Entities provided for in Article 22.4.

Both the records authorised by the competent authorities and the State Register referred to in the preceding paragraph shall incorporate and publish the information relating to entities which have been subject to sanctions such as the consequence of the commission of infringements in accordance with the applicable rules.

For these purposes, the competent authorities to impose the penalties shall communicate them to the competent public administration, as provided for in paragraph 2, in order to incorporate this information into the relevant public administration. record.

Article 17. Obligations of the training institutions.

1. These are the obligations of training institutions which provide training in the vocational training system for employment:

(a) To implement in the delivery of the training actions the requirements that apply to them by virtue of legal or regulatory provision, including the obligation to impart the training in the spaces and with the means Accredited and/or registered training for this purpose.

b) Facilitate and correspond to the monitoring of student participation, learning and evaluation, as well as the research of methodologies and tools needed for the system's updating.

(c) Submit to the quality controls and audits to be established by the competent administrations, the results of which shall be incorporated into the records in which they are registered.

d) Maintain technical and pedagogical requirements, facilities, equipment and human resources to be taken into account for the accreditation or registration of the specialty.

e) Collaborate in the processes for the selection of participants and for their insertion into the labour market when they are unemployed, in the form determined by the competent administration.

f) Communicate to the competent public administration to maintain the registration as a training entity any change of ownership or legal form thereof.

2. Without prejudice to the system of penalties and infringements provided for in Article 20, the competent public administration, after a hearing procedure and, where appropriate, the subject of an incident for a maximum period of one month, may issue a decision on the the registration of the training institution or the relevant specialty, as the case may be, is agreed upon when any of the obligations outlined above are not met.

CHAPTER IV

Control of training and sanctioning regime

Article 18. Monitoring and control.

1. In order to ensure compliance with the conditions for the implementation of the training measures, they shall be subject to effective monitoring and control by the competent authorities which shall comprise all the (a) initiatives and modalities for delivery and will be extended beyond the mere verification of requirements and formalities, incorporating the results of the training and contributing to ensuring its quality.

This monitoring and control may be carried out on all the training actions or on the basis of a sufficiently representative statistical sample, as determined by the competent administration, supplemented by with questionnaires and interviews with the participants on the quality and impact of the training received and with quality audits of the training institutions based on objective and transparent indicators, in particular the results of the training.

2. In addition, monitoring and control of training for employment must be ensured in a comprehensive and coordinated manner between the different administrations and bodies involved in their management. To this end, they shall draw up an annual monitoring plan in their respective areas of action, taking into account the guidelines adopted by the General Council of the National Employment System.

The aggregated results of the various monitoring and control plans will be incorporated into a report which, on an annual basis, will be submitted to the said participation body and will be publicly available.

Article 19. Reinforcement of control and sanctioning capacity.

1. The competent authorities shall provide the instruments and means of control necessary to detect, prevent and, where appropriate, sanction cases of non-compliance or infringement. Public visibility will also be given to the reporting channels and knowledge of fraudulent situations.

2. The Labour and Social Security Inspectorate must have specialised structures in the field of vocational training for employment, in the field of the competences of the General Administration of the State, a unit Special of Inspection, in accordance with what is established in this royal decree-law.

The Special Unit shall annually develop an inspection programme, in accordance with the information provided to it by the State Employment Public Service and, where appropriate, by the public employment services of the autonomous communities, where they have provided for the relevant territorial action plans for the Labour and Social Security Inspectorate to take concrete and specific action in the field of vocational training for employment, the terms laid down in the autonomous rules. The implementation of this inspection programme shall in any event be carried out with the participation of the Territorial Directorates of the Labour and Social Security Inspectorate and with the Provincial Labour and Social Security Inspections.

In the field of the Labour and Social Security Inspection system, it will be up to the autonomous communities which have received the transfer of functions and services in the field of public function to order the activity of the Labour and Social Security Inspection in this field, which will be carried out, where necessary, in collaboration with the Special Inspection Unit.

3. For the implementation of the training monitoring and control activities referred to in Article 18, the competent public authorities may use the support of independent and specialised external entities, with a view to (i) financing which will not be able to exceed 5% of the training funds managed in the respective area of competence. These entities should be external to the participation and governance bodies of the vocational training system for employment, as well as to the provision and organisation of training scheduled by third parties.

The above mentioned support in the development of these plans will in no way be expected to involve the delegation of the public powers associated with the monitoring and control of the training activity.

Article 20. Infringements and penalties.

1. The system of infringements and penalties applicable in the field of vocational training for employment shall be governed by the recast of the Law on Infractions and Penalties in the Social Order, approved by the Royal Decree-Law 5/2000, of 4 August.

As not provided for in the violation and sanctions regime set forth in the preceding paragraph, the content of Title IV of Law 38/2003 of 17 November, General Grant, shall be contained.

2. The Labour and Social Security Inspectorate shall monitor the application of grants and aid provided for in programmes to support vocational training for employment, without prejudice to the exercise of the financial control of grants and of the training activity by the competent bodies in the field.

However, the autonomous legislation may provide for other forms of inspection in the field of vocational training for employment.

3. The penalties imposed for serious and very serious occupational training for employment which result in the grant being declared unduly by the granting body, once firm, will be included in the database. National of Grants referred to in Article 20 of Law 38/2003 of 17 November.

The inclusion in the Database will be carried out by means of communication from the competent authorities to impose the penalties, in the form, deadlines, content and mode of shipment provided for in article 20 of Law 38/2003, of 17 of November.

The transfer of personal data to the General Intervention of the State Administration will not require the consent of the affected person. In this area, the provisions of Article 21.1 of the Organic Law 15/1999 of 13 December on the Protection of Personal Data are not applicable.

4. The exclusion of access to grants for a given period, as a result of the commission of infringements in accordance with the applicable rules, will also affect those training entities which, by reason of the persons who they are governed by or from other circumstances, may be presumed to be continuation or derived by transformation, merger or succession from other undertakings in which those undertakings have attended.

5. The conduct constituting administrative infringement arising from the exercise of financial control of the grants and recorded in the reports of the General Intervention of the State Administration, the Autonomous Communities or of local corporations, as well as the bodies which, in accordance with Community rules, have assigned functions of financial control, shall be sanctioned in accordance with the provisions of the preceding paragraphs.

Article 21. Amendment of the recast of the Law on Infractions and Penalties in the Social Order, approved by the Royal Decree-Law 5/2000 of 4 August.

The recast of the Law on Infringement and Sanctions in the Social Order, approved by the Royal Legislative Decree 5/2000 of 4 August, is amended as follows:

One. Article 2 (2) and (3) are worded as follows:

" 2. Employers, self-employed or employed persons or persons treated as persons, recipients and applicants for social security benefits, training institutions or those who take up the organisation of vocational training activities for the benefit of the (a) the employment of firms, whether individually or in the form of a group of undertakings, and the applicants and beneficiaries of aid and public support for vocational training for employment, the Mutual Partners with Social Security and the other collaborating entities in the management, in the field of the legal relationship of security Social, as well as the entities or undertakings responsible for the management of benefits in respect of their obligations in relation to the Register of Public Social Benefits and other subjects required to provide information of transcendence Social security tax collection.

3. Employers, employees, applicants for public aid and grants, and in general, natural or legal persons, in respect of the rules on the placement, promotion of employment and vocational training for employment. "

Two. New wording is given to Article 5 in the following terms:

" The actions or omissions of the employers against the laws, regulations and normative clauses of the collective agreements in the field of labor relations, both individual and collective, employment, vocational training for employment, temporary work and sociolaboral insertion, standardized and sanctioned in accordance with this law. They shall also take account of the other actions or omissions of the persons responsible and in the matters covered by this Chapter. "

Three. The title of Subsection 1 of Section 3 of Chapter II is worded as follows:

(i) the Commission's position on the application of Article 2 (2) of Regulation (EC) no. (2) of the European Community and of the European Community, of the European Community, of the European Community and of the European Union; beneficiaries of aid and grants in the field of employment and aid for the promotion of employment in general. "

Four. Article 14 (4) is worded as follows:

" 4. Failure to comply, employers, training bodies or those taking over the organisation of the training actions planned by the undertakings and the applicants and beneficiaries of the State aid and grants, the obligations of a (a) formal or documentary required in the specific rules on vocational training for employment, provided that they are not classified as serious or very serious. "

Five. Article 15 (6) is worded as follows:

" 6. Non-compliance, employers, training institutions or those who take over the organisation of training actions planned by the undertakings and beneficiaries of public aid and grants, the obligations laid down in the legislation specific training for employment, unless it has resulted in the undue enjoyment of bonuses in the payment of social contributions, by any of the following actions:

(a) Execute training actions on the terms, form and content other than previously pre-advised, where it has not been notified in time and forms its cancellation or modification to the competent body.

b) Run training actions that do not meet the real, immediate and specific training needs of companies and their employees.

c) Failure to comply with the obligations of the participants in the training actions, as well as the obligation to monitor the participation of the students, their learning and evaluation.

(d) to issue certificates of assistance or diplomas without the minimum required content, which do not conform to the training, approved and/or carried out or where they have not been delivered, as well as to deny their delivery or to make their referral out of time, despite having been required in this respect by the surveillance and control bodies.

(e) Failure to fulfil the obligations relating to the communication of the initiation and completion of each training action within the time limits, form or content provided for in its applicable legislation and not to communicate the transformations, mergers, Ownership changes or splits that occur in the enterprise.

(f) Not to identify in separate account or specific item of its accounts all expenditure for the implementation of the training actions, as well as the bonuses to be applied and the co-financing, if any, of the Social Fund European or other European aid and initiatives under the name of vocational training for employment.

g) Incompliance with the obligations relating to the custody and delivery of the documentation related to the organization, management and delivery of the training actions.

(h) To impose as a cost of public financing the goods, products, materials or services that are delivered, made available or provided by the training entities or the training organizations and which are not strictly necessary for the delivery of the training activity.

i) Failure to comply with obligations relating to the right of information and consultation of workers ' legal representation.

An infringement shall be understood for each undertaking and for each training action for the assumptions referred to in points (a), (b) and (c) of this paragraph. "

Six. Article 16 is worded as follows:

" Article 16. Very serious infringements.

1. These are very serious violations:

(a) to carry out work on a labour market, of any kind and functional area, which aims at the placement of workers without having presented, prior to the action as a placement agency, a a responsible statement, failure to comply with the requirements laid down in Law 56/2003 of 16 December 2003 on Employment and its implementing rules, or requiring workers to pay or pay for the services provided.

(b) In the case of temporary work enterprises which have submitted a responsible declaration to act as placement agencies as provided for in the first transitional provision of Royal Decree-Law 3/2012, of 10 February, of urgent measures for labour market reform, breach the requirements laid down in Law 56/2003, of 16 December, of Employment, and its implementing rules.

(c) to request personal data in the selection process or to establish conditions, by means of advertising, dissemination or by any other means, which constitute discrimination for access to employment on grounds of sex, origin, including racial or ethnic, age, marital status, disability, religion or belief, political opinion, sexual orientation, union membership, social status and language within the State.

(d) to obtain or benefit unduly from grants, support for employment or any aid established in programmes to support the creation of employment or vocational training for employment granted, financed or guaranteed, in whole or in part, by the State, the Autonomous Communities or the European Social Fund or other European aid and initiatives, in the context of the implementation of labour law, outside the economic system of social security.

(e) non-application or deviations in the application of aid or subsidies for the promotion of employment, the reintegration of jobseekers, vocational training for employment, granted, financed or guaranteed, in whole or in part, by the State, the Autonomous Communities or the European Social Fund or other European aid and initiatives, in the context of the implementation of labour law, outside the economic system of social security.

(f) Incompliance with employers, training institutions or those who take over the organisation of training actions planned by firms and beneficiaries of aid and public subsidies, the obligations laid down in the specific rules on vocational training for employment, unless it has resulted in the undue enjoyment of bonuses in the payment of social contributions, by any of the following:

1. Request amounts to participants to pay all or part of the vocational training initiatives for employment, when the training actions are financed with public funds and free of charge same.

2. Simulate Hiring for the purpose of workers participating in training actions.

3. The distortion of documents, as well as the simulation of the execution of the training action, including tele-training, for the collection or misuse of aid or public subsidies for itself or for a third party in the field of vocational training for employment.

4. Inform training without being accredited or, where appropriate, without having presented the responsible statement in accordance with the specific regulations.

5. Doing undue subcontracting, both in terms of the delivery and the organization of the training actions

g) improper application or non-application to the intended legal or regulatory purposes of donations and sponsorship actions received from companies by foundations and public utility associations, as a measure alternative to the fulfilment of the obligation to reserve employment in favour of persons with disabilities.

In the infringements referred to in paragraphs 2. º, 3. º, 4. º and 5. of point (f), the entities that assume the organization of the training actions scheduled by the companies, the entities that provide training, and the beneficiaries of aid and public subsidies, will be jointly and severally liable for the return of the amounts unduly obtained by each undertaking and training action.

An infringement shall be understood for each undertaking and training action for the assumptions referred to in points (d), (e) and (2), (3), (4) and (5) (f). "

Seven. The title of Section 1 of Chapter III is read as follows:

"Infractions of employers, training entities, entities that take on the organization of vocational training actions for employment scheduled by companies, self-employed and assimilated."

Eight. Article 22 (9) is amended as follows:

" 9. Obtain or unduly enjoy any kind of reductions, bonuses or incentives in relation to the amount of the social contributions which corresponded to an infringement by each worker concerned, except in the case of: vocational training allowances for the employment and reductions of contributions by professional contingencies to undertakings which have contributed, in particular, to the reduction and prevention of occupational accidents, which shall be understood as produced an infringement for each company and training action. "

Nine. A new paragraph 15 is added to Article 22, with the following wording:

" 15. (i) the training institutions or those who take up the organization of the training actions planned by the enterprises; the requirements of each training action laid down by the specific rules on vocational training for the employment, where it has resulted in the undue enjoyment of allowances in the payment of quotas, except where the infringement is described as very serious in accordance with the following Article.

These entities will respond jointly and severally to the return of the amounts unduly paid by each company and training action.

An infringement will be understood for each company and for each training action. "

Ten. Article 23 (1) (h) shall be worded as follows:

(h) Employers, training institutions or those who take the form of training actions planned by firms, in the form of document distortion or in the simulation of the implementation of the action will be incurred by employers. training, including tele-training, in order to obtain or benefit from allowances in the field of vocational training for employment.

An infringement will be understood for each company and for each training action. "

Once. A new paragraph is added to Article 23 (2), with the following wording:

" In the offences referred to in paragraph 1 (h), the training institutions or those who take over the organisation of the training actions scheduled by the undertakings and the applicants or beneficiaries of grants and aid public, will be jointly and severally liable for the return of the amounts unduly enjoyed for each training action. "

Twelve. The title of Subsection 3 of Section 2 of Chapter VI, which is worded as follows, is amended as follows:

i) 'by-law' means the provision of services to employers, training bodies or those who take over the organisation of training measures planned by undertakings in the field of employment, aid for employment promotion, grants and aid for vocational training for employment and unemployment protection. "

Thirteen. The last paragraph of Article 40.1.f) is worded as follows:

" The penalties imposed for the offences referred to in (e) and those described as very serious in paragraph (f) of this Article, as well as for the very serious infringements listed in points (d), (e) and (f) of the Article 16 (1) and point (h) of Article 23 (1) of this Law shall, once they are final, be made public in the form which is provided for in regulation. "

Fourteen. Article 46 is worded as follows:

" Article 46. Ancillary sanctions.

1. Without prejudice to the penalties referred to in Article 40.1 and, except as provided for in Article 46a of this Law, employers who have committed the serious infringements referred to in Article 15 (3) and (6) or the infringement (a) serious difficulties in the field of employment, vocational training for employment and protection of unemployment:

(a) They will automatically lose, in proportion to the number of workers affected by the infringement, the aid, bonuses and, in general, the benefits resulting from the implementation of the employment or training programmes professional for employment, with effect from the date the offence was committed.

The loss of these aids, subsidies, bonuses and benefits resulting from the application of the employment or vocational training programmes for employment will affect those with the highest level, with preference for those who have minor at the time of the commission of the offence. This criterion must necessarily be stated in the infringement act, in a reasoned manner.

(b) They may be excluded from access to such aid, grants, bonuses and benefits for a maximum period of two years, with effect from the date of the decision imposing the sanction.

In any event, access to such aid, grants, bonuses and benefits for a period of five years shall be excluded where the offence committed was classified as very serious in points (d), (e) and (f) of paragraph 1 of this Article. Article 16 and Article 23 (1) (h) of this Law, with effect from the date of the decision imposing the sanction.

(c) In the cases referred to in points (d), (e) and (f) of Article 16.1, they shall, in any event, be required to return the amounts wrongly obtained and those not applied or applied incorrectly. "

CHAPTER V

Information, assessment, and quality systems

Article 22. Integrated information system.

1. The integrated information system will provide complete and up-to-date information on the training activities that are carried out throughout the national territory, enabling traceability and the assessment of its impact on the improvement of the the employability of workers, and ensuring comparability, consistency and the ongoing updating of all information on vocational training for employment, whatever the initiative under which it is developed. This information will be collected in a single file, accessible to all relevant administrations.

The State Employment Public Service, in collaboration with the Autonomous Communities, will define common models and protocols for the exchange of data that are necessary for the implementation of the integrated system of information and the file. It will also complete and develop the following instruments for transparency and dissemination of the system: the Training Account, the Catalogue of Training Specialties and the State Register of Training Entities.

2. The training received by the worker during his professional career, and in any case the one received according to the National Catalogue of Professional Qualifications and the Spanish Framework of Qualifications for Higher Education, will be registered in a Training Account associated with the Social Security membership number.

Public employment services shall ensure the reliability of the information that they incorporate into this account and shall, in time and form, make the corresponding entries.

3. The State Employment Public Service will develop and keep up to date a Catalogue of Training Specialties, which will contain all the training offered under the vocational training system for employment in the State. The work area, including the one for obtaining certificates of professionalism, as well as the minimum requirements of both the teaching staff and the participants as well as the facilities and equipment for the delivery of each training specialty.

The permanent update of the Catalogue will provide for agile means for the incorporation of new forms of training and the response to the demands of formation of sectors and emerging occupations. A periodic review of the same shall be carried out within a period of not more than five years from its inclusion in the Catalogue of Proprietary Medicinal Products.

In the training initiative programmed by the companies for their employees it will not be compulsory for the training actions to be referenced to the training specialties of the said Catalogue, without prejudice to the obligation of communicate its start and end.

4. The State Employment Public Service will also develop and maintain a permanent, publicly updated State Register of Training Entities, which will be coordinated, with a common data structure with the records that have the autonomous communities for the registration of the training entities in their respective territories, in accordance with Article 16 and shall integrate the information in those registers.

This state register will incorporate information on the quality and results of the training provided by the training institutions, using, for this purpose, objective and transparent indicators.

Article 23. Assessment of training: Impact and efficiency.

1. The vocational training system for employment will be subject to a permanent evaluation process which will make it possible to know the impact of training on access to and maintenance of employment, improving the competitiveness of enterprises, the adequacy of training actions to the needs of the labour market and the efficiency of the economic resources and means employed.

To this end, the State Employment Public Service, with the competent bodies or entities of the autonomous communities and with the participation of the business and trade union organizations, will draw up an annual plan of assessment of the quality, impact, effectiveness and efficiency of the whole system of vocational training for employment in the field of employment, the conclusions and recommendations of which should lead to the incorporation of improvements in their operation.

This annual assessment plan will be submitted to the General Council of the National Employment System.

2. In addition, the competent bodies for the management, programming and control of vocational training for employment in their respective fields shall be responsible for carrying out a permanent assessment

:

(a) A prior study that justifies the need or suitability of the implementation of any training initiative. This study will include a market analysis with at least an accurate diagnosis of the training needs to be addressed.

b) The establishment of specific and quantifiable pre-objectives, accompanied by a transparent system of indicators to enable the quality of training to be monitored and evaluated.

(c) The measurement of the impact of acquired knowledge, in terms of the insertion of unemployed workers into a job related to training received and improving performance in the post or potential of promotion for the employed.

d) An assessment of the satisfaction of the users in which the students themselves and the companies will participate.

e) The systematic analysis of the findings and recommendations that result from the evaluation, to be translated into improvements for the system.

3. In the training planned and managed by the companies for their own workers, without prejudice to the assessment carried out within those companies, an evaluation of the initiative will be carried out as a whole in order to know whether it responds to the previously detected needs. This assessment shall be incorporated into the annual plan referred to in paragraph 1.

4. The previous evaluations shall be in addition to the number of other evaluations necessary to respond to previously defined specific objectives and indicators. These evaluations shall be carried out by independent, specialised external entities, outside the bodies responsible for the participation and governance of the vocational training system for employment, as well as the provision and organisation of training. scheduled for third parties. In addition, inter-administrative assessments on the quality and impact of vocational training for employment in the various fields may be agreed in the framework of the Sectoral Employment and Labour Affairs Conference.

5. The competent authorities shall publish the results of the evaluations provided for in the preceding paragraphs, thereby providing an easily accessible and identifiable information and public consultation space.

Article 24. Quality of training.

1. The Public Employment Services shall ensure the quality of the training in their respective areas of competence. To this end, they will be guided by the forecasts for monitoring and evaluation of the Spanish Employment Strategy for Employment in force at any time, as well as for its objectives and principles of action, in particular as regards:

a) Results guidance, as well as monitoring and evaluation of the results of the actions and the achievement of objectives.

b) The identification of costs and dissemination of good practices.

c) The provision of training to jobseekers as an instrument for activation and reintegration, reinforcing the link between active and passive employment policies.

d) The adjustment and adequacy of training to the needs of the recipients and those of the labour market, taking into account the reality of the territory in which they are applied.

e) Opening up to society, encouraging the participation of other actors and companies, both public and private, through the corresponding instruments of collaboration.

2. Training institutions providing training for employed and unemployed workers must, in the light of public funding, subscribe to a verifiable commitment of quality in management, transparency and transparency. efficiency in the use of public resources. This commitment will be related to the monitoring of the delivery and assistance of all the participants, to their satisfaction with the development of the training action, its contents, its results, the quality of the teachers and the modalities of partition.

3. The Public Service of State Employment, taking into account the proposals of the autonomous communities, will develop a plan for the improvement of the teaching staff that provides training actions and for the development of a technical-didactic methodology oriented to the same. When the actions of the aforementioned plan are addressed to trainers from two or more autonomous communities, they will be implemented through the National Focal Points, which will receive the funding agreed within the State Employment Service. The respective Coordination and Monitoring Committees, and when specifically targeted at trainers from an autonomous community, will be managed in the autonomous field.

This plan will be submitted to the General Council of the National Employment System.

CHAPTER VI

System governance

Article 25. Body for the participation of public administrations and the social partners.

The General Council of the National Employment System is the main body for consultation and participation of public administrations and the social partners in the vocational training system for employment in the field of employment. work. In this field, and in so far as it is not the subject of a mandatory report by the General Council of Vocational Training, the said organ shall, in addition to the functions established in this royal decree, develop those which are established in law.

Article 26. Competent public administrations and coordination of the system.

1. Each public administration shall ensure the programming, management and control of vocational training for employment in its field of competence, in coherence and coordination with that corresponding to other administrations.

The State Employment Public Service and the competent bodies of the autonomous communities will carry out their collaboration, coordination and cooperation in this field through the Sectoral Conference on Employment and Labour, in accordance with Article 7 (a) of Law 56/2003 of 16 December 2003 on Employment.

2. At the State level, the State Employment Public Service shall, in whole or in part, develop the functions of programming, management and control of vocational training for employment in the following cases:

(a) The activities of evaluation, monitoring and control of training initiatives financed by means of subsidies in the social security contributions which are applied by firms which have their job centres in more than an Autonomous Community.

(b) Programs or training actions that transcend the territorial scope of an Autonomous Community and require the intervention of the State Employment Public Service to ensure coordinated and homogeneous action. The assumptions in which these requirements are met will be determined.

(c) formative actions relating to the exercise of exclusive powers of the State as provided for in Article 13.h) .4 of Law 56/2003, of 16 December, of Employment.

(d) Formative actions in the territorial area of Ceuta and Melilla while their management has not been transferred to these autonomous cities, as provided for in the second transitional provision of Law 56/2003, 16 December, Employment.

3. In the field of autonomy, the bodies or entities responsible for the programming, management and control of vocational training for employment shall be those determining the autonomous communities.

4. The Autonomous Communities must provide the Public Employment Service with information on the training developed in their respective fields, including the necessary justification for actions co-financed by the Social Fund. European, in order to ensure its coordination and integration with the statistical information of the State as a whole.

For its part, the State Employment Public Service will provide the autonomous communities with information on the training executed in the State as a whole, including the one that is executed through the State Employment Public Service. in the territorial scope of each Autonomous Community.

The agency will also ensure compliance with the reporting obligations of the autonomous communities and communicate to them the necessary subsanations.

In the rules or partnership agreements which will incorporate the objective criteria for the distribution of funds approved by the Sectoral Employment and Labour Affairs Conference in each financial year, they shall be fixed together with the (a) the management laid down in Article 86 of Law 47/2003 of 26 November 2003, General Budget, the consequences arising from the failure to comply with the reporting requirements set out in this paragraph.

Article 27. State Foundation for Training in Employment.

1. The State Foundation for Training in Employment belongs to the State Public Sector and its Board of Trustees will be constituted by the General Administration of the State, by the Autonomous Communities and by the most important employers ' and trade union organizations. representative. The Board of Directors shall be composed of the number of members who determine their Statutes in accordance with the limits laid down in Royal Decree 451/2012 of 5 March 2012 governing the remuneration of the maximum responsible and managers in the business and other entities, as well as in their development regulations. The representation of the General Administration of the State shall be majority in that body. The chair shall be held by the holder of the Secretary of State for Employment.

The arrangements for the adoption of agreements will require the majority of the members of the Board of Trustees, with their President voting in the event of a tie.

2. In the framework of the provisions of Law 50/2002 of 26 December of Foundations, the State Foundation for Training in Employment will carry out, in the field of State competence, the activities attributed to it. Regulation. In any event, it shall act as a contributing entity and technical support of the State Employment Public Service in the field of vocational training for employment, subject to a subscription of the relevant cooperation agreement in accordance with the provisions of the Article 12 et seq. of Law 38/2003, of 17 November, General of Grants.

It will also have functions to support the Ministry of Employment and Social Security in the strategic development of the vocational training system for employment in the workplace.

Article 28. Sectoral unit structures.

1. In the framework of sectoral collective bargaining at the State level, and through specific agreements in the field of training of equal scope, the most representative and representative employers ' and trade unions in the sector they may constitute Sectoral Paritary Structures with or without legal personality.

These Joint Structures will bring together related sectors according to the sectoral map approved by the General Council of the National Employment System.

2. The sectoral Joint Structures shall, in the field of the vocational training system for employment, have the following

:

a) Prospection and detection of sectoral training needs.

b) Proposal for guidance and training priorities for sectoral training programmes, with particular emphasis on those addressed to SMEs.

c) Proposal for improvements in the management and quality of training for employment in its sectorial field.

d) Elaboration of training proposals related to the processes of adjustment, restructuring and sectoral development, in particular those related to the needs of the reclassification of workers from sectors in decline.

e) Mediation in the processes of discrepancies and the definition of mechanisms that favor agreements in the field of training within companies.

f) Knowledge of vocational training for employment in their respective fields.

g) Dissemination of training initiatives and promotion of vocational training for employment, especially among SMEs and micro-SMEs.

h) Elaboration of an annual report on vocational training for employment in its sectorial field.

i) Elaboration of proposals for the implementation of sectoral studies and research to be promoted in their respective areas and in those carried out by the National Focal Points.

3. In addition, at the request of the State Employment Public Service or the State Employment Training Foundation, they may:

(a) Conduct sectoral studies and research on vocational training for employment in the field of employment.

b) Participate in the definition and updating of professional qualifications, certificates of professionalism and training specialties.

c) Intervening in the processes of accreditation of work experience and in the design of training actions that contribute to the completion of these processes.

d) Participate in the extension and consolidation of dual vocational training, through the contract for training and learning, in the field of work.

4. By order of the holder of the Ministry of Employment and Social Security, the operating framework, time limits, criteria, conditions and obligations of information to be met by the Sectoral Joint Structures for the purposes of the Ministry of Employment and Social Security shall be determined. funding, prior to the report of the General Council of the National Employment System.

These Joint Structures will be provided with a functioning regulation, and will have qualified technical support and sufficient funding to enable them to carry out the tasks entrusted to them.

Additional disposition first. Support for small and medium-sized enterprises.

Public employment services will promote the necessary initiatives to facilitate and generalise the access of small and medium-sized enterprises to the training of their employees. To this end, they should provide them with advice and provide the necessary information on the various vocational training initiatives for employment and the existing training institutions for their delivery.

Additional provision second. Boost to the training check.

Within the Sectoral Conference on Employment and Industrial Affairs, they will be analyzed and promoted jointly between the Ministry of Employment and Social Security and the competent authorities of the Autonomous Communities. measures necessary for the implementation, development, monitoring and evaluation of the training cheque provided for in Article 7.3.

Additional provision third. Boost to key instruments of the National System of Qualifications and Vocational Training.

With the aim of bringing vocational training closer to the real needs of the productive economy, some key instruments of the National System of Qualifications and Vocational Training will be promoted. to strengthen their quality and effectiveness, as well as their suitability for individual training needs and the production system. For these purposes, and in accordance with the provisions of the Organic Law of 19 June 2002 on Qualifications and Vocational Training, the competent public authorities shall take the necessary measures

:

a) Update the National Repertoire Of Professionalism Certificates in accordance with an agile procedure according to the needs of a changing labour market, as well as with the updates of the National Catalogue of Professional Qualifications.

(b) To develop the network of National Focal Points, encouraging their collaboration in the development of innovative, experimental and training actions in the field of vocational training for employment, and in particular in (i) activities aimed at improving the quality of the network of collaborative training institutions and trainers. To this end, these Centres will seek to maintain links with technology centres and other knowledge management networks, both national and international, in their specific sectoral areas.

(c) To promote the procedures for accreditation of work experience, with improvements that promote their continuity, agility and efficiency in order to guarantee the quality and opportunities of qualification, on a level playing field, for all workers.

(d) Develop an integrated system of information and employment guidance which, on the basis of the individual profile, facilitates progress in the professional qualification of workers through training and recognition of the work experience.

Additional provision fourth. Compilation of statistics.

The State Employment Public Service, within the framework of the National Employment System, will take the necessary measures to ensure that statistics produced in the field of the entire State of the State include not only training carried out in the framework of this royal decree-law, but also the one carried out by the companies with their own financing and the Public Administrations for their employees.

Additional provision fifth. Tripartite Foundation for Training in Employment.

The Tripartite Foundation for Training in Employment shall adopt the name of the Foundation provided for in Article 27 and adjust its composition to the conditions laid down in that Article.

The Tripartite Foundation for Training in Employment is hereby authorised to take the technical measures and to take the technical measures, within the maximum period of one month from the date of entry into force of this royal decree. the economic ones that are necessary in order to adapt their statutes and organization to what is established in this royal decree-law.

Additional provision sixth. Financing of prospecting and planning activities.

The financing of the activities provided for in Article 28 (2) and (3), as well as those which may be carried out in order to comply with Article 11 (2) (c) and (d), shall be carried out through the the budget allocated to the State Foundation for Training in Employment or the competent authorities, as appropriate and its distribution shall be carried out on the basis of the activity actually carried out. The participants in these activities may also be compensated for their travel, subsistence and accommodation costs.

Additional provision seventh. Assessment of the procurement support measures.

The government will develop an analysis of the set of bonuses to the hiring and reductions in social security contributions in force in all the territorial areas that it will have to present before May 31, 2016. This analysis shall assess the effectiveness of the procurement support measures in force for the fulfilment of their objectives, their budgetary impact and value the desirability of maintaining incentives or of allocating those resources to other initiatives. in the field of active employment policies.

Additional disposition octave. Embeddable credit remnants.

The remaining appropriations for the vocational training system for employment in the field of employment which may occur at the end of each financial year in the credit reserve of the State Employment Public Service may be to be incorporated in the appropriations for the following financial year, in accordance with the provisions of the General State Budget Law for each financial year.

Additional provision ninth. Public expenditure.

The measures included in this royal decree-law may not result in a net increase in public expenditure or expenditure on staff at the service of the Administration.

First transient disposition. Transitional arrangements.

1. Until such time as the vocational training initiatives referred to in Article 9 are properly developed, the measures provided for in Royal Decree 395/2007 of 23 March 2007 governing the subsystem of the labour market will be maintained in force. vocational training for employment, and in its implementing legislation, except as regards the following provisions:

(a) The competitive competition regime open only to accredited training entities and/or registered in the corresponding register, in the cases where it is provided for under Article 7.3. These entities, in addition to the obligations laid down in Article 17, may not subcontract with third parties the execution of the training activity to which they are awarded, not considering subcontracting for these purposes. of the teaching staff.

b) Financing only of training actions undertaken on the basis of their concession or award.

(c) The advance payment of the grants, if any, as set out in the second paragraph of Article 7.6.

d) The boost to the training check provided for in Article 7.3, in accordance with the provisions of the second provision.

e) In the training actions of companies whose beginning is communicated from the publication of this royal decree-law, the economic modules in force will apply equally for all companies, whatever their size. The minimum duration of the measures laid down in Article 9 (2), the percentages of indirect costs and the organisation costs laid down in Article 8 (3) shall also apply to such training measures, the rates of co-financing set out in Article 10.5.

In addition, the calls for tender training which are published from the entry into force of this royal decree-law will apply the 10% limit on the financing of indirect costs.

(f) Companies, in addition to being able to organise and impart the training of their employees themselves, may choose to entrust the organisation and delivery of training to external entities, in accordance with the terms set out in the Articles 10.3 and 13.

(g) Workers belonging to the establishment of a training institution acting as the beneficiary or supplier of the supply training for employed workers may take part in the training activities which they provide. manage with the limits set out in Article 15.2.c).

(h) For the implementation of training plans for employed workers, the subscription, with the training entities to be awarded, of the agreement provided for in paragraphs 2 and 3 of the Article shall not be compulsory. 24 of Royal Decree 395/2007 of 24 March 2007 governing the subsystem of vocational training for employment.

2. The bodies which have approved calls for grants pending the date of entry into force of this Royal Decree-law shall annul the provisions which are contrary to the provisions laid down in respect of the matters referred to in Article 1 (1). points (a), (b) and (c) of paragraph 1, as well as the 10 per cent limit on the financing of indirect costs.

3. The maximum funding rates provided for in Article 8 for indirect costs, as well as for the organisation costs in the training planned by the companies, shall apply to the associated costs and the costs of the organisation. respectively.

Second transient disposition. Priority cross-cutting competences for 2015.

Until either the multiannual scenario or the annual training needs report referred to in Articles 5 and 6 is drawn up, they shall be considered as priority actions for the purposes of the training programme, at least, those related to the competence of languages, office and information and communication technologies, financial and legal knowledge and the functioning of public administrations.

Single repeal provision. Regulatory repeal.

1. All rules of equal or lower rank are repealed in what they contradict or oppose to the provisions of this royal decree-law.

2. The additional provisions of Law 56/2003 of 16 December 2003 on Employment and the fifth additional provision of Law 43/2006 of 29 December 2006 for the improvement of growth and employment are expressly repealed.

Also, Chapter I and the transitional provision of Royal Decree 1613/2010 of 7 December 2010 establishing and regulating the Council of the representativeness of professional associations of workers are hereby repealed. Self-employed at the State level and the composition and arrangements for the functioning and organisation of the Autonomous Labour Council are established.

Final disposition first. Competence title.

This royal decree-law is issued under the provisions of Articles 149.1.7. and 149.1.13. of the Constitution, which attribute exclusive competence to the State in matters of labour law and competition to regulate the general planning bases for economic activity respectively.

Also, the fourth final provision is made in accordance with the provisions of Articles 149.1.16 and 149.1.17 of the Constitution, which attribute exclusive competence to the State in the field of bases and general coordination of the health and the economic system of social security, respectively.

Final disposition second. Special Unit of the Labour and Social Security Inspectorate.

By order of the Minister for Employment and Social Security, the Labour and Social Security Inspectorate, will organise within the Special Directorate attached to the Central Authority, a special inspection unit in charge of the supervision and control functions referred to in Article 3 (1) (1) and (3) of Law No 42/1997 of 14 November 1997, authorising officer of the Labour and Social Security Inspectorate, in the field of subsidy subsidies and aid in the field of of vocational training for employment whose competence is attributed to the Administration General of the State. The tasks entrusted to this Special Unit shall be compatible with the exercise of the surveillance and control functions conferred on the territorial directorates of the Labour and Social Security Inspectorate and the Provincial Labour and Social Security Inspections.

The creation and operation of the Special Unit, as well as the allocation of its employment relationship, will not increase public expenditure.

Final disposition third. Amendment of Law 20/2007 of 11 July of the Staff Regulations of Self-employed Workers.

Law 20/2007 of July 11 of the Statute of an Autonomous Worker is amended as follows:

One. Article 21 is worded as follows:

" Article 21. Determination of the representativeness of the self-employed workers ' associations.

1. Without prejudice to the representation of their members and for the purposes of this Article and the following, they shall have the consideration of professional associations representing self-employed workers at the State level, those registered in the State Register of Professional Associations of Autonomous Workers, demonstrate sufficient implementation at national level.

2. Sufficient implementation at the State level will be recognised taking into account the number of self-employed workers, as well as the size of its structure, reflected in the human resources contracted by the association and its implementation in the territory.

It will be necessary to establish a level of affiliation of the contributors to the Special Social Security Regime of the Workers for Account Own or Autonomy in the terms that are regulated, and to have seats and human resources in at least three autonomous communities, all in the calendar year preceding that of the application for accreditation.

The documentation of compliance with the required requirements must be presented in the State Register of Professional Associations of Autonomous Workers in the terms that are regulated.

3. The representative associations of self-employed workers cross-sector at the state level and, in addition, the most representative employers ' and trade unions, will enjoy a unique legal position, which gives them legal capacity to act on behalf of the self-employed at all territorial levels for:

a) To provide institutional representation to the public administrations or other entities or bodies of a state or autonomous community that have it planned.

b) To be consulted when public administrations design public policies that have an impact on self-employment.

c) Collaborate in the design of public programs aimed at the self-employed in the legally provided terms.

d) Any other function that is legally or regulatively established.

4. Sufficient implementation at the regional level shall be recognised taking into account the same criteria as for the recognition of representativeness at the State level, in the terms set out in paragraph 2.

The professional associations of self-employed persons who have the consideration of representative at the regional level will have the capacity to exercise, at the specific level of the autonomous community, the functions envisaged in the paragraph 3. '

Two. The additional twelfth provision is worded as follows:

" Additional Disposition 12th. Participation of self-employed workers in training programmes and occupational risk prevention information.

In order to reduce the accident and avoid the appearance of occupational diseases in the respective sectors, the representative associations of the intersectoral self-employed workers and the organizations trade unions and employers will be able to carry out permanent programmes of information and training corresponding to that collective, promoted by the competent public administrations in the field of occupational and occupational risk prevention. repair of the consequences of accidents at work and diseases professionals. "

Final disposition fourth. Amendment of Royal Decree 1192/2012 of 3 August, which regulates the condition of insured persons and beneficiaries for the purpose of health care in Spain, from public funds, through the National Health System.

A new additional provision is added to the 10th in Royal Decree 1192/2012 of 3 August, which regulates the condition of insured persons and beneficiaries for the purposes of health care in Spain, from public funds, through the National Health System, with the following wording:

" Additional Disposition 10th. Staff of the Montepios de las Administraciones Públicas de Navarra.

For the purpose of the health care provided by the National Health System, the officials active at the service of the Provincial Council, Councils, Councils and Administrative Entities of Navarre as well as the pensioners In the framework of the Public Administrations of Navarra, they shall be understood, respectively, in paragraphs 1 and 2. of Article 2.1.a) of this royal decree.

Also, the family members of each other, who are in one of the cases and meet the requirements set out in Article 3, will have the status of beneficiaries for health care purposes. from the National Health System. "

Final disposition fifth. Amendment of regulatory provisions.

The regulatory standards that are the subject of modification by this royal decree may be modified in the future by rules of the regulatory range corresponding to the standard in which they appear.

Final disposition sixth. Regulatory enablement.

Within a maximum period of 6 months from the entry into force of this Royal Decree-Law, the Government, the Minister of Employment and Social Security and the Minister of Finance and Public Administrations, in the field of their competences, dictate the provisions that are necessary for the development and implementation of the provisions set out therein.

Final disposition seventh. Entry into force.

This royal decree-law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid, on March 22, 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY