Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-3031
I the reforms undertaken by the Government since the beginning of the legislature have among its purposes the face the changes needed for our production model to put Spain on a path to sustainable growth and generate stable and quality jobs.
Vocational training for employment has an essential role in the articulation of those changes. For a sustained economy recovery, it is necessary to strengthen human capital and employability by enhancing their capacities and skills. Also, is necessary a fitness between the offer and the demand of qualifications, what requires anticipate is to them needs demanded by them companies and offer to them young and to the population working in general a training adjusted to those needs.
The system of vocational training for employment in the workplace has allowed the improvement of employability and the qualification of workers of our country in the last 20 years and has served to advance the linkage of training with collective bargaining. In addition, it has allowed broadcast and universalization of a culture of training that reaches more than four million workers a year at present and more than 478.000 participating companies only in the so-called «formation of demand».
He 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 in the improvement of the professional skills of the workers and the competitiveness of Spanish companies. However, the system has been shown certain weaknesses and inefficiencies that need to be addressed urgently to respond immediately and in a way more effective and efficient to the training needs of workers and the productive system.
In this regard, the conclusions of the Bureau of the Social dialogue, formed by the Government, the CEOE and CEPYME business organizations and trade unions CCOO and UGT, about the development of the last agreement of vocational training for the employment of 2006 show, among other weaknesses, poor coordination of the whole system; the lack of a strategic planning of vocational training for employment; its little relationship to the reality of the productive fabric, especially the formation of demand addressed to SMEs; the non-availability of an integrated information system; the lack of evaluation of its impact; and a little efficient definition of the role of the agents involved in the system.
These shortcomings have weakened the hitherto existing training system to meet the challenges posed by the current stage of economic recovery and the trends that will influence the dynamics of the market of Spanish labour and productive sectors in the coming years.
The new regulatory framework is focused on addressing the different position, following the impact of the recent crisis, the various sectors and occupations in the process of economic recovery; also unequal impact of the crisis in the Group of young people, requiring specific attention; the trend to higher levels of qualification requirements, especially to cover middle skill jobs; the demand that the ageing of the active population will have on the qualifications necessary to cover replacement jobs; the coexistence of high levels of unemployment with shortage of supply of skilled labour in some sectors or emerging occupations with high levels of innovation; and the increase of the collective of unemployed of long duration during the recent crisis, with of their employability resulting and necessary adaptation to the new conditions of the labour market.
The current economic context provides an opportunity for change. Competition strategy of the OECD says that competencies have become the international currency of the economies of the 21st century: in a global society, based more and more knowledge, is necessary to invest in training and update it in accordance with the constant evolution of the requirements of the labour market. Get better results requires analyzing the profile of skills of workers, as well as to determine and anticipate the competencies required in the market, to develop them, thereby creating better opportunities for employment and economic development.
This situation, in a competitive environment, with requirements increasingly higher qualification of workers and found the binomial employment outcomes, a successful productive model requires a system of vocational training for quality employment.
This implies a system of training accompanying the workers in their access, maintenance and return to employment, as well as their capacity for personal development and career advancement. A system that promotes the acquisition and updating of knowledge, that improves prospects for stable employment and quality of workers, as well as the competitive advantage of enterprises and of the Spanish economy. To do so, that system must anticipate the needs of the productive fabric and constitute a support to innovative and competitive capacity of the company, from quality human resources.
II the Law 51/1980, of 8 October, basic employment, to regulate occupational professional training program decided that the national employment Institute established an annual program of occupational vocational training, that on a free basis, ensure adequate professional training that would like to join the world of work, or being in it, user change or achieve greater professional specialization , providing permanent national plan of training and professional integration through the Royal Decree 1618 / 1990 of December 14.
Royal Decree 631/1993, 3 may, which regulates the National Plan for training and professional integration, initiates the separation of the training of employed and unemployed, rearranging the actions of occupational training and with a greater emphasis on the professional reintegration of unemployed persons. From that moment the retraining of employed workers is articulated through the various national agreements on lifelong learning (signed in 1992, 1996 and 2000).
The Royal Decree 1046 / 2003 of 1 August, which regulates the continuing vocational training subsystem, launches a new model of management of continuing training, moving from a model based on the autonomy negotiation to a system based on a regulatory framework that aims to provide the system of stability and security, without forgetting the role of the social partners. Moreover, occupational vocational training continues to be regulated by Royal Decree 631/1993 of 3 May.
The agreement of training for employment signed by the Government and the social partners on 7 February 2006 again advocates an integrated model of training for employment, contributing to the advance of the formation and permanent in our country learning, maintaining the pillars that have enabled its development in recent years, and trying to overcome the inadequacies of the model as well as strengthen elements that allow you to make even more progress in the achievement of the objectives of training and match the increased competitiveness of the companies with the individual training of the worker.
Result of the agreement, and after thirteen years of two modalities different from training in the workplace - the occupational training and the continuous-, the Royal Decree 395/2007, of 23 March, which regulates the subsystem of vocational training for employment, integrates both subsystems in a single model of vocational training for employment and introduces improvements that help adapt training for employed and unemployed workers to the new economic and social reality.
The subsystem of vocational training to employment joins the laws by Royal Decree-Law 3/2011, 18 February, on urgent measures for the improvement of employability and reform of active employment policies, which entirely modifies article 26 of law 56/2003 of 16 December on employment and establishes the broad lines of the cited subsystem.
The proposals for tripartite negotiation agreement to strengthen economic growth and employment, signed by the Government and the social partners on July 29, includes a commitment to the development of specific measures in various fields, including willingness to work to transform the system of vocational training for employment, on the basis of social dialogue.
The regulation provided for in the present Royal Decree-Law undertakes a comprehensive reform of the system which guarantees general interest and necessary stability and consistency that the system requires. In accordance with the provisions of the agreement of 29 July 2014, this reform has four strategic objectives. Namely, the guarantee of the exercise of the right to training of workers, employees and unemployed people, in particular of the most vulnerable; the effective contribution of training to the competitiveness of enterprises; the strengthening of collective bargaining in the adequacy of the training offer to the requirements of the production system, as well as efficiency and transparency in the management of public resources. Ultimately, it is that the system allows consolidating a culture of professional training in the production system and thus promote the creation of stable employment and quality.
The proposed reform is clearly attuned to flexicurity policies 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, reform is one of the objectives reiterated in the national reform Plan and the recommendations of the Council on the programme of stability of 2014 of Spain, in the sense of improving the effectiveness of active labour market policies so that it can provide adequate training and to ensure correspondence between the demand and the offer of employment.
It also takes into account the constitutional doctrine that says that the model of professional training for employment has a generic incardination in the exclusive competence of the State in «labour legislation» (article 149.1.7. ª of the Spanish Constitution), although without excluding that there may be cases in which, according to the type of activity to which orients itself, the training action is linked to another jurisdictional title , with the resulting consequences for the delimitation of the scope of the competence of the State. And that adds to that, we cannot deny the impact that in this area can have the provisions of article 149.1.13. ª of the Spanish Constitution, which attributes to the State the exclusive competence in matters of bases and coordination of the general economic activity planning, as there are aspects of vocational training, the promotion of employment, which could find coverage in that article , although as title of a specific and complementary nature.
The new framework delves into the transformation that began the Act 3/2012, July 6, on urgent measures for the reform of the labour market. This was the explicit recognition of an individual right to training for the workers, gave priority to training actions related with new technologies or the internationalization of the company and allowed, for the first time, the training centres direct access to the funds available for the management of training schemes for workers who so far were limited to business and trade union organizations.
Since then, on the basis of the collaboration around the sectoral Conference on employment and labour issues, there have been decisive advances in the field of policies of activation for the employment with the aim of improving the capacity of the public employment services accompany unemployed workers in its process of returning to employment and boost opportunities for promotion and improvement of workers throughout his professional career.
This collaboration has resulted in the Spanish strategy of activation for the 2014-2016 employment, constituting the multiannual framework which institutionalizes measures to carry out, both from the public State employment service the regional employment public services, for the achievement of common goals and with a commitment to transparency, the assessment and results-oriented.
Consistently with the above-mentioned strategy and thanks to the partnership between administrations, have developed important measures, inter alia, in the field of public-private partnerships in intermediation, the gradual transformation of the system of vocational training for employment, or within the framework of the entrepreneurship and youth employment strategy 2013-2016, the creation of the youth guarantee scheme to facilitate the access of young people under 25 years to the labour market.
The revival of the Spanish economy and employment demand now delve into the activation to employment measures, very particularly, in the field of vocational training for employment in the workplace.
IV in order deal with all of the deficiencies identified in the system of vocational training for employment in the workplace and to comply with the objectives and principles agreed upon in the framework of the Social dialogue, this Royal Decree-law proposes the reform of the system of vocational training for employment around the axes vertebrates which are described below.
Chapter I describes the purpose of the standard and established, together with the purposes of the system of vocational training for employment, that it will be applicable throughout the national territory and will respond to a coordinated, collaborative action and cooperative between the competent public authorities and other actors involved in it, respecting the framework of distribution of powers.
The inspiring principles set out in article 3 defines the system as a coherent framework of planning, efficient implementation, monitoring and permanent assessment, with institutions that impart training for employment in the workplace of quality and refreshed information, monitoring and control instruments. In this system stands out, also, the paper protagonist of the negotiation collective and of the dialogue social as tools essential to count with a system more effective and oriented to satisfy them needs real of companies and workers.
This is consistent also with the financial unit of the system and its economic regime that guarantees the principle of unity of the fee for training box.
The new legal framework also requires the amendment of article 26 of law 56/2003, of December 16, employment, to establish the broad lines of the new model of vocational training for employment in the workplace.
Chapter II introduces, in new ways, the elements of an efficient system of observation and exploration of the labour market, to detect changes in the demands of qualification and skills of the productive fabric.
It is necessary to correct a major inefficiencies identified in the system: the lack of an adequate anticipation of needs and the planning of training activities. The training that is provided must respond to a diagnosis of reality, an analysis of the current and future needs of enterprises and workers, to meet its purposes effectively. To do this, the new system will leverage the potential of the coordination of the various devices and agents that perform analysis and prospection of the labour market.
Therefore, article 6 provides for the elaboration, with the participation, among others, of the autonomous communities, business and trade union organizations, the representative organizations of self-employed workers and of the social economy, a multi-year, strategic scenario of programming of all the training is provided in the system. On the basis of the prospective analysis mentioned, this multi-year strategic planning stage will incorporate trends and economic forecasts and, together with the analysis of the qualifications of the workers, will allow to identify the objectives of priority attention, as well as indicators for evaluation, which will keep consistency with the Spanish strategy of activation for the employment.
This scenario, in addition, will include a multi-year estimate projection of public funding to meet the training needs real businesses and workers within a framework of stability of the system that promotes certainty, anticipation and investment decisions.
Article 7 introduces unequivocally competitive competition open to all training providers accredited or registered, as a general rule for the management of the funds intended to finance the training schedules of the different public administrations.
This principle of competition, which has been introduced gradually in the calls for subsidies for years, is set to cross basic trait to the management of financial support from all the competent authorities in vocational training. This novelty is, moreover, consistent with the recommendations that emerge from the report of the Court of Auditors control on the management of the tripartite Foundation for training in employment in relation to the subsystem of vocational training for the employment on offer, for the year 2010 training.
Likewise, article 7 reflects the possibility that public administrations, in their respective spheres of competence, to articulate a "training cheque" for unemployed workers in order to provide them with the skills they need. It is an innovative tool that will allow the freedom of choice between the entities attached to specific devices that are developed for follow-up.
These improvements in efficiency the simplification in the access to finance joins in ways that allow, at the same time, guarantee the quality of the training. Hence the provision in article 8 of this Royal Decree-law developing the regime of concession and justification of subsidies or other forms of funding, through modules, once identified the market prices of the different training specialties.
Chapter III contains a new approach of initiatives of vocational training for employment, placing the companies themselves and the workers at the center of the system. This Royal Decree-law proposes a new role for the training program the company for their own workers, called to be the main tool to provide an immediate response to the changing needs of the sectors and strengthen their capacity for innovation, at the time that they meet the needs of adaptation, qualification and employability of workers. In the new model all businesses will participate to some extent with its own resources in the financing of the training of their workers.
Article 11 provides that administrations in their respective fields of competence and in matters not provided for in the scope of the company, will complete the formative offer with its own programming for employed workers, in which business and trade union organizations will no longer be holders of training plans, although they will participate in the design, programming and broadcasting.
Detection of needs will be considering multi-year scenario concerned and with the participation of business and trade union organizations, cross-sectoral representative of self and social economy organizations and many organizations or entities with proven experience in the matter is decided by the competent authorities.
Also the competent administrations will also schedule training for unemployed workers as provided for in article 12, which will charge a specially important role the work of the public employment services, which shall identify the profiles and individual and personalized itineraries of employment of the beneficiaries, in accordance with the novelties introduced by the Spanish strategy of activation for the employment.
In all of the above-mentioned initiatives, enhances online training versus training to traditional distance, which is suppressed, consistent with the evolution of new technologies and the warranties offered by scope and quality of the training.
Them entities of training accredited or registered, both public as private, in addition to its role of suppliers of training, will be stewards in the tracking of the learning and its evaluation. The companies that develop training actions for their own workers, as well as workers in his group or enterprise network, or unemployed, with recruitment commitment or other agreement with the public employment services are included among the entities that can provide training for employment. To do so, may use their own or resorting to hiring, provided that they are suitable for this purpose.
Chapter IV contains the new forecasts related to the control of training and the sanctions regime, with the aim of guaranteeing the principle of zero tolerance against fraud in the management of funds for vocational training for employment. This requires the amendment of the consolidated text of the law on offences and sanctions in the Social order, approved by Royal Legislative Decree 5/2000, of 4 August, in various aspects to prevent and correct situations of malpractice successfully.
On the one hand, responsible for subjects are expanded to include institutions of training and organising the training programmed by companies that assume. In addition, and in order to adapt them to current regulations and social reality, existing offenders types are modified, created new types such as the breach of the prohibition of subcontracting, which classifies as a very serious offense, and, finally, required a greater administrative rebuke to consider an infringement by each company and training action.
On the other hand, the joint and several liability of the subjects involved in the fraudulent obtaining of grants, subsidies and bonuses is set and harden sanctions, so that the beneficiaries of the system of vocational training for employment may not return to what for a period of 5 years in case of committing a very serious infringement.
Finally, in order to ensure a reinforcement of control and sanctioning capacity expected the creation of a special unit of inspection of the special Directorate attached to the Central Authority of the inspection of labour and Social security within.
This Royal Decree-Law contains in its chapter V the implementation of an integrated information system that guarantees the traceability of the training actions and the comparability, consistency and the permanent updating of the information on vocational training for employment, which is carried out in the various fields of competence.
This integrated system will allow to develop three key instruments of dissemination, quality assurance and transparency to the system referred to in article 22: the training account, which will accompany the worker throughout his professional career in order to accredit your training history and to orient training to increase their employability; Training specialties catalog, which will be about common of all the training offer is scheduled for employed and unemployed workers and will be subject to continuous updating; and the State Register of training institutions, of a public nature, which incorporated the results of audits or quality controls carried out to these entities.
The hand of the best systems of information, is introduced a permanent evaluation and commitment at all stages of the learning process. The emphasis of the evaluation is on the quality and the real impact of training, in terms of improvement in performance in work or inclusion of workers as. These results are which improve decision-making about the adequacy of the training actions to the needs of the market and the efficiency of economic resources and means employed.
Along with these assessments, audits of quality of institutions that impart training will be carried out and its results will be made public, so that companies, workers, and Governments have all the possible information in a more transparent system.
Finally, chapter VI refers to the governance of the system and defining a new role for the different actors and organs involved in the governance of the system.
Through the transformation of mentioned organs of Government and, in particular, of the tripartite Foundation for training in employment in which the representation of the General Administration of the State must be majority. The role of the social partners in the system is subject to modifications of draft: boosting its leadership in the strategic design, planning, programming and broadcasting of vocational training for employment, especially in the addressed to employed workers. It's making the best use possible of the experience and knowledge it can bring its proximity to the productive fabric through a contribution which will represent, in fact, one of the great strengths of the new system of vocational training for employment.
Coherently with this new role and changes already operated in the system since the labor reform in February 2012, social agents cease to participate in the management of funds and delivery of training as they did so far, leaving this role to institutions that impart vocational training and which will develop this task in a new competitive environment.
Royal Decree-law is completed with nine additional provisions, two transitional, one derogatory and seven finals.
The first additional provision includes special attention to the small and medium-sized companies that must promote public employment services, while the second provides the impulse to "training cheque" through the measures to be proposed at the sectoral Conference on employment and labour affairs.
The third additional provision implies a necessary boost to the key instruments of the national system of qualifications and vocational training, which include procedures for the accreditation of professional experience, to strengthen opportunities for qualification, as well as the adequacy of the training actions to the needs of workers and the productive system.
The fourth additional provision refers to the measures necessary for the development of statistics that reflect all of the training activity that develops throughout the territory of the State.
The fifth additional provision provides for the adaptation of the tripartite Foundation for training in employment pursuant to the provisions of this standard.
Furthermore, the sixth additional provision makes reference to the financing of activities of planning and programming in the system through the budget of the State Foundation for training in employment.
The seventh additional provision includes a mandate to the Government for analysis of the set of bonuses to hiring and reductions in the contributions to social security in force at all territorial levels and their presentation before the 31 May 2016.
The additional provision eighth foresees that the remnants of credit aimed at the professional training system for use in the workplace that could occur at the end of each fiscal year in the credit of the public State employment service reserve, may join appropriations corresponding to the following year, in accordance with the law of the State budget that corresponds.
The ninth additional provision includes a projection concerning the lack of increase in public spending as a result of the measures of this Royal Decree.
The transformation of the model of professional training for the job does not end with the adoption of this Royal Decree-law. In its development be approved a new Royal Decree and a ministerial order that repealed the entirety of the current legal framework, established by Royal Decree 395/2007, of 23 March, which regulates the subsystem of vocational training for employment, and all regulations which develop it.
However, this further normative development not delayed the implementation of the essential elements of the new model of vocational training for the employment described above, which shall apply from the entry into force of the present Royal Decree-law.
Therefore the first transitional provision establishes that you will remain current the aforementioned Royal Decree 395/2007, of 23 March, as well as its implementing regulations, only on those aspects that cannot be of direct application provisions of this Royal Decree-Law until not to develop regulations expected in it, detailing forecasts that Yes will be of direct application for greater legal certainty.
In any case, an important part of the effectiveness of the changes goes beyond of the new regulatory framework, there are instruments and measures in which the success of its implementation will depend on fundamental way to the commitment of all stakeholders involved in the system of vocational training for employment.
The second transitional provision includes cross-cutting competencies that must be considered of priority for the purposes of the training programme in 2016.
The first final provision refers to skills title, while the second provides for the Organization of the special inspection unit responsible for the functions of monitoring and control in the field of vocational training for employment.
By the third final provision law 20/2007, of July 11, of the Statute of the self-employed worker, is modified to incorporate business organizations among those with legal capacity to act on behalf of the self-employed and to clarify certain ends relating to the representativeness of the organizations of self-employed.
By the fourth final provision is the integration of the civil servants and pensioners of the mutual societies of the public administrations of Navarre in the national health system, thus complying in the third additional provision of Act 3/2014, of 27 March, amending the consolidated text of the General Law for the defence of consumers and users and other complementary laws approved by Royal Legislative Decree 1/2007 of 16 November. Also, the fifth final provision enables modification by regulation range of the statutory rule which is modified by the previous final provision.
Finally, the sixth final provision empowers the Government to make the regulatory developments that are precise in execution of the present Royal Decree-Law and the seventh provides for its entry into force.
V in them measures that is adopt in the present Royal Decree-Law concur them circumstances of extraordinary and urgent need that requires the article 86 of the Constitution Spanish as premise for resorting 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-law is predicable individually with respect to each of the measures that are adopted but, in particular, of the ensemble members.
The reform of the system of vocational training for employment in the workplace it is urgent in the labour and economic context in which we find ourselves, in order to accelerate the potentially beneficial effects which may have this reform, in terms of job creation, at the present time of recovery of the Spanish economy.
The training has a decisive impact on employment. In fact, the jobs lost during the recent economic downturn has been mostly in occupations of low level of training. Between 2007 and 2013, more than half of the workers who had not completed primary education lost their jobs. On the other hand, the number of busy with higher education increased by 2%.
Training gaps have a measurable negative impact on the employment opportunities of workers: persons with lower levels of literacy skills are almost twice as likely to be unemployed with social and economic loss involving (PIAAC report, 2010).
Despite the growth of the GDP during the past six quarters and the observed recovery of employment, remain significant educational differences among the unemployed who require a specific and forceful response. According to the latest data from the active population survey, fourth quarter of 2014, the unemployment rate for those with only primary education (38,07%) is 2.7 times higher than that of those with higher education (14.29%). 54% of the unemployed has not passed the secondary education.
Also a differential incidence of the formative level is observed in the time spent in unemployment: of the total number of unemployed workers looking for a job since, at least, two years ago, 60% have not completed secondary education. Almost 70% of unemployed workers who only have primary education have been in this situation for more than one year, 15 points above what is observed among workers with higher education.
Thus, it is essential to undertake the reform of vocational training for employment to avoid perpetuation of an important part of our active population unemployed (14.6% of long-term unemployment in the fourth quarter of 2014, more than double the average of the EU), with the bass both economic and social consequences that entails long-term. It is speed up the process of return to employment with the best guarantees and amplify, therefore the impact of the expected economic recovery (2% growth of GDP planned for 2015) on the labour market.
Moreover, the quality of training they employed workers receive is also crucial for the economic recovery and employment: training helps to increase the productivity of workers, to its ability to innovate and accommodate technological change. This results in greater competitiveness of businesses and the Spanish economy. Moreover, it favours the lower turnover of workers and greater stability in employment.
Therefore, the immediate implementation of the new system of vocational training for employment will contribute to short-term, to multiply the positive effects of the economic situation and employment expected in 2015 and 2016.
Finally, the regulation of the new model of vocational training for employment is accompanied by a new regime of offences and penalties which, for which can be applied to the following day of its publication in the official bulletin of the State, requires that they be approved jointly by this Royal Decree-law.
The urgency in reform was evident also in the proposals for tripartite negotiation agreement to strengthen economic growth and employment, of 29 July already mentioned. The Government and the social partners in the agreement expressed 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 time that the current situation of mismatch of skills in Spain must be overcome to keep employment opportunities that will arise in Europe in the coming years.
Therefore, all parties pledged that the new model was operating and resulted from implementation to system-wide training for employment in the workplace from 1 January 2015.
This standard has taken into account, in addition, two facts very recent that they delve into the extraordinary and urgent need for definitive reform of the system. On the one hand, is essential to resolve the inefficiencies of the current model of vocational training for employment, which have been highlighted in recent reports of management control by the Court of Auditors. On the other hand, the doctrine of the Constitutional Court in its latest statements on current legislation in this area, most recently on December 15, 2014, allows the Government to now undertake a comprehensive reform of the system of vocational training for employment that is in accordance with the constitutional framework of distribution of powers between the State and the autonomous communities thus guaranteeing the necessary stability and consistency that the system requires.
The need that the competent public administrations can already apply in the year 2015 provisions and measures introduced by this regulation to correct the serious inefficiencies and weaknesses detected, without that it put at risk the continuity in the provision of training services that require workers and companies, especially in a situation such as the one described, requires speed.
The exposed objectives is, among others, the fact enabling of the extraordinary and urgent necessity that the Constitution requires in its article 86 to approve this Royal Decree-law.
For its part, the measure provided for in the fourth final provision, which proceeds to the integration of the civil servants and pensioners of the mutual societies of the public administrations of Navarre in the national health system, responds to a situation of legal uncertainty as to the exercise of the right of public health coverage that founded the urgent need that enables their approval by Royal Decree in accordance with article 86 of the Constitution.
Virtue, in application 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 by the Council of Ministers at its meeting of March 20, 2015, have: chapter I General provisions article 1. Object and scope of application.
1. the present Royal Decree-Law has intended to regulate the planning and financing of the system of vocational training for employment in the workplace, programming and implementation of the training actions, control, monitoring and penalties, as well as the information system, evaluation, quality and governance of the system, in accordance with the purposes and principles listed in articles 2 and 3.
2. the system of vocational training for employment regulated by this Royal Decree-Law will give coverage to companies and workers of any part of the territory of the Spanish State and respond to a coordinated, collaborative action and cooperative among the General Administration of the State, the autonomous communities and other actors involved in the same to ensure the unity of market and a strategic approach to training respecting the existing competence framework.
Article 2. End of the system.
The purpose of the system of vocational training for employment in the workplace are: to) promote the training throughout the life of the occupied and unemployed workers to improve their professional skills and their itineraries of employment and training, as well as their professional and personal development.
(b) contribute to the improvement of the productivity and competitiveness of enterprises.
(c) meet the requirements of the labour market and the needs of the companies, providing workers adequate competences, knowledge and practices.
d) improve the employability of workers, particularly of those who have greater difficulties in maintaining employment and employability.
(e) promote the professional skills acquired by workers, both through various educational and work experience, are subject to accreditation.
Article 3. Principles of the system.
The principles governing the system of vocational training for employment are: a) the exercise of the individual right to training and the guarantee of equal access of workers, enterprises and self-employed workers to training related to the needs of the labour market.
(b) the anticipation to the requirements and changes of the production model, as a way to strengthen the quality and effectiveness of training.
(c) unit 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 of development of the system of vocational training for employment, as well as the participation of the social partners in the design, planning and programming of the training offer directed to workers.
(e) the unit box of the quota of vocational training and access to financing sufficient, stable and equitable in the whole of the system of vocational training for employment, including the funding from the quoted fee, of character finalist. This funding must be managed in regime of competitive competition open to all training providers, public and private, accredited or registered in accordance with the regulations, for the delivery of all the training programme approved by the different public administrations.
(f) the quality, effectiveness, efficiency and transparency in the management.
(g) the stability, security and certainty that will allow strategic planning and promote investment in training resources.
(h) the articulation of the system through the coordination, collaboration and inter-administrative cooperation in the framework of regulatory competence of the State, allowing flexibility and optimization of resources for the system.
(i) the promotion of training scheduled by the company for their own workers, with the participation of the legal representation of workers, as via agile and flexible to respond to needs more immediate and close to companies 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 the permanent evaluation at all stages of the learning process, all within the framework of the instruments that count with the presence of the Administration and business and trade union organizations.
Article 4. Modification of law 56/2003 of 16 December on employment.
Amending article 26 of law 56/2003 of 16 December on employment, which is drawn up in the following terms: «article 26. Vocational training system for use in the workplace.
1. the system of vocational training for employment in the workplace consists of the set of initiatives, programmes and instruments that are intended to promote and extend training that responds to the needs of the labour market and is aimed at improving the employability of workers and business competitiveness between companies and workers employed and unemployed in accordance with its purposes and principles.
2. without prejudice to the implementing powers of the autonomous communities, the General Administration of the State, in the exercise of their full regulatory competition, perform the coordination at the strategic design of the system. For their part, business and trade union organizations will participate in the planning, programming and broadcasting of vocational training for employment, especially in the directed to workers through professionalized joint structures.
3. within the framework of the whole system of strategic planning, the Ministry of employment and Social Security, with the collaboration of the autonomous communities, business and trade union organizations and representative organizations of self and of the Social economy, develop a scenario of multiannual training for employment and develop an efficient system of observation and exploration of the labour market to detect and anticipate changes in the demands of qualification and powers of the productive fabric.
4. the system of vocational training for employment in the workplace will have financing, including from the share of vocational training, in order to give stability to the system. This funding must be managed in regime of competitive competition open to all training providers, accredited or registered in accordance with the regulations, for the delivery of all the training programme approved by the different public administrations.
Furthermore, public employment services can provide a check training unemployed workers which, according to her profile, require specific training actions to improve their employability.
5. the initiatives and professional training for employment actions will target the acquisition, improvement and continual updating of skills and professional qualifications, favoring the formation throughout the life of the active population, and combining the needs of people, enterprises, the territories and the productive sectors.
6. the competent public administrations shall promote the maintenance of a network of training institutions, public and private, which together with its own centres, guarantees a permanent availability of training for quality employment.
They will also conduct monitoring and effective control of training actions, which shall include all initiatives and modalities of delivery and will be expanded beyond mere physical requirements and formalities, incorporating the results of the training and to contribute to its quality assurance. To do this, they will reinforce their instruments and means of control, as well as its ability to impose sanctions through a special unit of the inspection of labour and Social Security.
7 professionalism certificate is the instrument of accreditation, in the workplace, of the professional qualifications of the national catalogue of professional qualifications acquired through learning processes or the recognition of work experience and non-formal ways of training process.
8. the system of vocational training for employment will have an integrated information system that guarantees the traceability of the training actions and the comparability, consistency and the permanent updating of the information on vocational training for employment, which will be collected in a single portal.
9. the competent public administrations will boost their collaboration and coordination for the improvement of the quality, effectiveness and efficiency of the system of vocational training for employment. Likewise, promote permanent evaluation and processes at all stages of the learning process, as a guarantee of quality of the training, so that they allow to know its impact on access to and maintenance of employment.»
Chapter II planning and financing of vocational training for employment article 5. Survey 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 partners, will develop a permanent feature of survey and detection of individual training needs and of the productive system, to anticipate and to provide effective responses to the needs of training and retraining in a changing labour market thus contributing to the professional and personal development of workers and the competitiveness of enterprises.
2 the realization of the above-mentioned function shall include, at least, the following activities: to) the development of a methodology and prospective analysis tool, in which you define procedures structured for its development and dissemination and translation of its results to the programming of the training offer.
(b) the promotion of initiatives of needs through the coordination of other actors that can contribute to the process, in particular, the joint structures sector, promoting a framework for the exchange of information and implementation in common knowledge.
(c) the identification of gaps and training needs specific of the workers, from an analysis of your professional profile, shape who can acquire the necessary skills to avoid mismatches with requirements of qualifications of the productive system.
3. the results of the activities referred to in the preceding paragraph will translate into the multiannual stage referred to in article 6. In addition, they will result in an annual report which shall include, at least, identification of occupations with better prospects for employment, the training needs of workers and concrete recommendations that will be concerning the programming of the training offer directed to employed and unemployed workers. This report will be knowledge to the General Council for vocational training and the General Council of the national system of employment.
Article 6. Multi-year scenario.
1. the Ministry of employment and Social Security will design a multi-year scenario that acts as a framework for strategic planning of the whole system of vocational training for employment in the workplace, to ensure that the system responds dynamically to the training companies and workers needs identified from the various areas of competence and offer an image of certainty and stability to all the agents involved in its development that allows investment in training and the generation of stable structures at the time.
Its design will take place with the participation of business and trade union organizations most representative of the autonomous communities, other departments, Ministerial, as well as cross-sectoral organizations representing self-employed workers and enterprises of the social economy, and with the collaboration of observatories and sectoral joint structures and subject matter experts.
2 this multi-year scenario will identify, at least: to) trends and foreseeable evolution of the Spanish economy, shaping the innovations that require updating and adapting the skills of workers through training.
(b) them sectors that will be engine of growth and of creation of new positions of work and them sectors in conversion, together with the needs of training and retraining of their workers.
(c) the skills that should be priority to respond to the identified trends and promote employability and inter-sectoral mobility of workers.
(d) the (sectoral, cross-cutting, territorial and collective) priority objectives and indicators that allow the evaluation of the development and results of the training activities carried out under that scenario. In any case, these objectives should converge with the priorities of the Spanish strategy of activation for the employment referred to in article 4 bis of law 56/2003, of December 16, employment, as well as the strategy and European employment & training, existing guidelines at all times.
(e) the projection estimate of financial resources for the system of vocational training for employment during the relevant period, so that it can meet the needs of companies and workers. In accordance with the provisions of the following article, this projection may incorporate the own resources that the autonomous communities have planned spend in the exercise of its jurisdiction and as determined in the framework of the sectoral Conference on employment and labour issues.
Article 7. Funding.
1. the system of vocational training for employment in the workplace will be financed with funds from the share of vocational training that bring companies and workers, in accordance with the provisions of the general budget of the State of each Act, as well as the specific contribution provided for in the budget of the public State employment service , and the own funds which the autonomous communities in the exercise of its jurisdiction. Equally, the actions of the system of vocational training for employment may be co-financed through the European Social Fund or other aid and European initiatives.
In the same way, and in order to ensure the universality and sustainability of the system, this may finance with many quotes by vocational training could establish other collective beneficiaries in the law of the State budget for each fiscal year.
2. funds from the General State budget for the financing of training initiatives managed by the autonomous communities, will be distributed in accordance with the provisions of article 86 of the Law 47/2003, of 26 November, General budget. Also in the allocation and monitoring of these funds shall apply the Spanish strategy of activation for current employment in every moment, and in particular, their distribution among regions depending on the degree of fulfilment of the objectives set out in the annual Plan of employment policies of each fiscal year, as well as control and guarantee of maximum efficiency in the use of these funds.
3 in the application of funds for vocational training to employment indicated in paragraph 1, the following forms of financing will be used: to) bonuses in business contributions to Social Security, which will not have subvencional character. Shall apply to the training programmed by companies to their workers, individual training permits and training activities of the contract for training and learning.
(b) subsidies in regime of competitive competition, that will be applied to the training offer for workers unemployed, and occupied, including the targeted specifically to self-employed workers and the social economy, as well as mixed public employment programmes. The competition will be open to all training institutions which meet the requirements of accreditation and/or registration in accordance with current legislation, except when concerned training programs with commitments to recruitment, in which case the competition will be open to companies and entities that commit the realization of the corresponding contracts in the terms according to the rules established. Also in public employment and training programs competition will be open to entities that establishes its specific regulatory.
In the management of the grants referred to in this paragraph shall apply the regulatory bases referred to in paragraph 6.
The competent public employment services may, as an alternative to the calls for subsidies, provide a "training cheque" unemployed workers which, according to her profile, require specific training actions to improve their employability. In this case, the worker will deliver cited a check to an entity of training selected by him from among which meet the requirements of accreditation and/or registration for training, which, in turn, are selected to form part of the system of information and specific follow-up developed for this purpose by the competent administration.
Without prejudice to the provisions above, the competent public administrations may apply public procurement regime or any other legal formula adjusted right that guarantees the advertising, the concurrency, as provided for in article 8 and remaining forecasts included in this Royal Decree-law relating to the management of funds for vocational training for employment, its monitoring and control system as well as the quality and evaluation of the training provided.
(c) the direct provision of subsidies will apply to the scholarships and grants for transportation, maintenance and accommodation granted to the unemployed participating in training actions and, where appropriate, to the economic compensation to companies for the realization of professional practices, provided that if the exceptionality as referred to in article 22.2 of the law 38/2003 , 17 November, General grant.
In addition, and without prejudice to those other initiatives for which financing is foreseen the direct award of grants in accordance with law 38/2003 of 17 November, this form of concession shall apply, for reasons of public and social interest conventions which have agreed the competent public institutions for the training of persons in situation of deprivation of freedom and of the military troop and crew that a relationship of temporary character with the Armed forces.
4. to finance the training of civil servants shall be the percentage that, on funds from the training fee, determined by the law of the State budget for each fiscal year. This training will take place through specific programmes that promote pursuant to agreements of training which have been agreed in the field of public administration.
Without prejudice of them cited agreements, them orders that established them bases regulatory for the award of funding for the training of them employees public is governed by the regime of concurrency competitive open to all them entities of training that meet them requirements of accreditation and/or registration according to the normative existing.
5. for the financing of the training activities aimed at training for the development of the functions related to collective bargaining and social dialogue the amount established annually from the State budget law will be used.
6. by order of the head of the Ministry of employment and Social Security, the regulatory basis for the granting of public subsidies referred to in this article shall be established and which will be applicable to the different competent administrations in the management of all of the funds provided for in paragraph 1. These regulatory bases will only contemplate the financing of training actions carried out starting from the Act of granting of the corresponding grant.
In addition, these rules may provide deliveries of funds prior to the start of training activity, in accordance with in article 34 of law 38/2003 of 17 November, with a maximum limit which in no case shall exceed 25 per cent of the amount awarded. Equally, of up to 35 per cent additional payment may expected once credited the onset of the training action. In any case, a minimum of 40 percent of the amount awarded will be effective once finalized and justified the subsidized training activity.
These bases not may include, in any case, criteria for granting subsidies which involve the reservation of activity for certain entities, as well as other non-aspects of technical and financial solvency criteria.
The management of the different competent administrations of the funds referred to in the preceding paragraphs shall conform to the principles provided for in chapter II of law 20/2013, December 9, guarantee of the unity of market.
The order referred to in this section will also establish mechanisms of justification and payment of the amounts referred to in paragraph 5.
Article 8. Economic modules.
1. for the purposes of the provisions of the following paragraphs, the cost per participant and time of formation that may be subject to public funding means economic module. Economic modules will apply to all the initiatives of professional training for employment, including the training of public employees.
2. by order of the head of the Ministry of employment and Social Security, economic modules specific to the various educational specialities included in the catalogue referred to in article 22.3 prior study of its adaptation to market prices according to the singularity, specialization and technical characteristics of those, as well as the modalities of delivery shall be determined. These economic modules will be subject to periodic updating.
When carrying out provisions of the preceding paragraph, the regulatory bases of the subsidies, which may be applicable as provided for in the second subparagraph of article 7.3. b), may provide the regime of concession and justification through modules, according to the regulation contained in articles 76 to 79 of the Royal Decree 887/2006, of 21 July which approves the regulation of the General Law of subsidies.
3. in addition, the maximum economic modules that will apply in the financing of the costs of the training activities performed and justified for those specialties or training actions for which specific modules referred to in the preceding paragraph have not been established shall be fixed.
The amount of these modules will be covered both direct costs and indirect costs of training activities. Indirect costs shall not exceed 10 per cent of the total cost of the training activities performed and justified.
Moreover, the costs of organization in the training programmed by companies whenever they entrusted the Organization of training to an external entity as provided for in article 13 may be financed. These costs shall not exceed 10 per cent of the cost of the training activity, although they may reach up to a maximum of 15 per cent in the case of training actions aimed at employees of companies that have with between 6 and 9 workers on staff, as well as up to a maximum of 20 per cent in the case of businesses with up to 5 employees in template.
According to the rules will be established the incompatibilities among concepts bankable as indirect costs and costs of organising the training.
4. under no circumstances be understood as cost object of public financing goods, products, materials or services that are delivered, made available or provided by the training institutions or the external organisers of training and which are not strictly necessary for the delivery of the training activity.
Chapter III programming and execution of training article 9. Initiatives of training professional for the job.
1 means training initiative each modalities of training for employment aimed to give immediate response to the different needs of the individual and the productive system. En_particular: to) the training programmed by companies for their employees.
(b) the training offer of the competent administrations for busy workers, consisting of sectoral training programmes and cross-cutting training programmes, as well as qualification and professional recognition programs.
(c) offer training competent administrations for unemployed workers, including training programmes to meet the needs identified by public employment services, specific training programmes and training programmes with contract commitments.
(d) other initiatives of vocational training for employment, the individual permissions of training, work-linked with employment training, the training of civil servants and unfunded training with public funds developed by centers and entities of private initiative aimed at obtaining certificates of professionalism. They are also considered training initiatives concerning the training of persons in situations of deprivation of liberty and the formation of the military troop and crew holding a temporal relationship with the armed forces, prior signing of corresponding agreements between the competent public institutions.
2. the initiatives of professional training for employment referred to in the previous paragraph, as well as training actions which integrate them, will target the acquisition, improvement and continual updating of skills and professional qualifications, favoring the formation throughout the life of the active population, and combining the needs of persons, companies productive sectors and territories.
Without limiting the foregoing, in the training offered by the competent administrations, the duration of training actions will adjust to set out in the catalogue referred to in article 22 for the corresponding training specialty. In training by enterprises, training actions are subject to a minimum of one hour. In any case, will not have consideration of formative actions the informative or educational activities whose purpose is not the development of a training process.
Article 10. Training by enterprises.
1. in the training programmed by companies workers wage that they provide their services in companies or public entities not included in the scope of training agreements in public administrations that referenced the article 7.4, including eligible permanent-intermittent workers during periods of no occupation, as well as the workers who During his participation in this training, access to situation of unemployment and workers affected by temporary measures suspension of contract due to economic, technical, organizational or production, during their periods of suspension of employment.
2. the training activities planned by the companies respond to real, immediate, and specific training needs of those and their workers. These actions will be developed with the necessary flexibility in their content and timing of teaching to meet the training needs of the company in an agile way and adjust the skills of its workers to the changing requirements.
The aforementioned programming will take place respecting the right of information and consultation of the legal representation of workers, must request who report in a mandatory manner, and which will be compatible with agility in the initiation and development of training actions.
3. companies can organise training for their workers by themselves, as well as training using own means either resorting to hiring.
In the case of Group of companies, any of the companies of the Group may organise training of workers of the group itself, as well as training using own means either resorting to hiring.
In both cases, the company shall communicate the beginning and completion of the scheduled training activities under this initiative before the Administration, and must ensure the satisfactory development of training actions and functions of monitoring, control and evaluation, as well as the adequacy of the training to the real training needs of companies.
Also, the companies may opt by entrust the Organization of the training to an entity external according to it intended in the article 13. In this case the delivery of the training will be held for a training entity accredited or registered in the register of training institutions approved by the competent public administration referred to in article 16. The activity of organization or the delivery may be subcontracted.
4. for the financing of the costs of the training provided for in this article, annually, from the first day of the financial year, the companies will benefit from a 'credit', which may be effective by bonuses corresponding business Social security contributions as is the communication of completion of training actions. The amount of this credit shall be obtained according to the amounts paid by each company the previous year in dues of vocational training and the percentage that, depending on its size, is established in the law of the State budget for each fiscal year.
If you belong to a group of companies, each company may have the amount of credit that corresponds to the group, according to the established in the previous paragraph, with a limit of 100 percent of quoted by each of them in respect of vocational training. Provisions of this paragraph will result in effect from January 1, 2016.
Also, the law of the State budget for each fiscal year may establish a minimum credit of training depending on the number of workers that companies have in their templates, which may be higher than the share of vocational training entered by those in the Social security system.
5 companies will participate with its own resources in the financing of the training of their workers according to the minimum percentage that the total cost of the training, set out below according to their size: to) companies from 1 to 9 employees: 5 percent.
(b) of 10 to 49 employees: 10 percent.
(c) from 50 to 249 employees: 20 percent.
d) of 250 or more workers: 40 percent.
Shall be considered included in the private cofinancing wage costs of workers who receive training in the working day. For these purposes, only may be taken into account the hours of the day that actually workers participating in training.
6. when the worker can perform training actions aimed at obtaining vocational training for employment within the framework of a training plan developed by entrepreneurship or committed by collective bargaining, means fulfilled, in any case, the right of the worker to the paid leave of 20 annual hours of training for employment recognized in article 23.3 of the consolidated text of the workers ' Statute Act, approved by Royal Legislative Decree 1/1995 of 24 March. In this case, the cost of training activities linked to the above-mentioned permission may be financed with credit assigned to the company, as provided for in paragraph 4 of this article. This paid leave of 20 hours per year means also complied with the authorization to the worker's individual training permits referred to in article 9(1). d).
Article 11. Offer training for busy workers.
1. the training offered for busy workers aims to provide them with training that meets requirements of productivity and competitiveness of companies, the needs of adaptation to changes in the productive system and the possibilities of professional promotion and development staff of workers, so that trained them for different professions qualified performance and enable them to improve their employability.
This course offerings cater to needs not covered by the training programmed by companies and will develop in a complementary manner to this through training programmes involving actions both sectoral and cross training to respond to needs of character. In particular, this course offerings shall ensure, in addition to sectoral training programmes, training in skills cross in accordance with the needs identified in the multiannual setting and the annual report referred to articles 5 and 6. Also, in order to encourage and facilitate the participation and access of employed workers to the training offer directed at obtaining the certificates of professionalism, competent authorities will develop programs of qualification and professional recognition ensuring, to this end, a training offer modular to promote combined partial accreditation, as well as procedures that allow an effective recognition of skills acquired by the experience.
2. the detection of needs, as well as the design, programming and the dissemination of the training offer for busy workers will be made, taking into account the multiannual stage provided for in article 6, with the participation of:
(a) the most representative trade union and business organisations and the representative in the corresponding scope and sector through sectoral joint structures which constitute, with regard to sectoral training programs and programs of qualification and professional recognition that have that sectoral character.
(b) the most representative trade union and business organisations and the representative in the corresponding field of action, with respect to cross-cutting training programmes and programmes of qualification and professional recognition having this transverse character.
(c) the intersectoral representative of self and social economy organizations, as well as those with enough presence in the corresponding field of action, with regard to training specifically aimed at self-employed workers and the social economy in the field of participation established.
(d) how many organizations or entities with proven experience in the matter is decided by the competent authorities.
3. may participate in the offer training planned in this article, besides them workers occupied, them unemployed depending on the limit that is set of form according to the situation of the market of work in each moment.
Article 12. Offer training to unemployed workers.
1. the training offered to unemployed workers aims to offer a training adjusted to the individual training needs and of the productive system, enabling them to acquire the competencies required in the labour market and improve their employability. This profile of the worker prepared by the public employment services as provided for by the common services of the national system of employment portfolio be taken into account.
The design, programming and broadcasting of this formative offer corresponds to the competent public administrations, with mandatory and non-binding report by the business and trade union organizations according to the organs of participation set out in each area of competence.
2. the training offered to unemployed workers will be developed by the competent administrations programs aimed at training needs detected in the personalized itineraries of insertion and job offers, specific programmes for the training of people with special educational needs or difficulties in their integration or vocational retraining and training programmes that include hiring commitments.
Likewise, training actions included in this offer may be oriented to the promotion of self-employment and of the social economy, as well as contemplate not working professional internships in companies.
3. in General, the training offer provided for in this article shall accord priority to the unemployed with low level of qualification and preferably will include actions aimed at obtaining certificates of professionalism, as well as other competent authorities according to the needs of qualification of the unemployed population, of the skills required by the labour market and occupations and sectors with higher employment prospects scheduled.
Article 13. Organization of the training programmed by companies for their employees.
1 formation regulated in article 10 may be organized by the company either be entrusted to business or trade union organisations, joint structures incorporated in the scope of collective bargaining with its own legal personality, associations of self-employed workers and the social economy or other external entities, including training entities accredited or registered in the corresponding register authorized by administration public competent referred to in article 16.
2. institutions that companies entrusted the Organization of training for their workers will be required to communicate the start and completion of the training activities programmed under this initiative the Administration when they agree as well with the company, and must ensure, in any case, the satisfactory development of training actions and tracking capabilities monitoring and evaluation, as well as the adaptation of training needs carried out training real companies.
Also the aforementioned entities will be which hire the entity's registered or accredited training that is providing the training actions, except in the case of the same entity.
In addition these obligations and which may be established by law, such entities shall also provide companies that organize training their workers the documentation related to the Organization, management and delivery of the training actions, as well as the information necessary for the correct application of the bonuses by these companies.
Also, they must undergo actions of verification, monitoring, and control that made competent public authorities and other supervisory bodies, ensuring the satisfactory development of such action.
Article 14. Programming and management of training offerings.
1 settings offers training, regulated in articles 11 and 12, should be consistent with the objectives of employment policy and will have among its references the multiannual stage of training, the annual report of survey and detection of training needs and training specialties catalogue referred to in article 22.3.
These settings may be annual or multi-annual nature and will be approved, for the purposes of its public financing, by the competent authorities in their respective fields of management in accordance with the provisions of the preceding paragraph and without prejudice to the participation of the organizations listed in paragraph 2 of article 11. To ensure the exercise of the right to education at any time and place, these settings will contain an offer of training broad, flexible, open and permanent as well as accessible to all workers either which is the place of his residence, so they can give agile responses to training needs arising from the labour market and requiring the adaptation of workers.
2 scheduled training offerings will be based on a prior diagnosis of needs and set out, clearly and precisely, the objectives that are pursued with its realization. In addition, improvements in the application of the results of the evaluations will be detailed and will identify training priority actions, which will try to anticipate the formation to the new production model, betting on more innovative sectors.
3. be guaranteed the principles of publicity, objectivity and free competition in the management of the public calls for the financing of training activities. Management bodies be published on their websites, once the aforementioned process, the relationship of beneficiary entities with specification of the type or lines of program, the technical score and the funding obtained.
Principles provided in the preceding paragraph shall ensure, also in the selection of properly accredited or registered training entities involved in the implementation of the check training laid down in article 7.
4. the information concerning training actions programmed and implemented in each area (State, autonomous,) of company or sector will be integrated, for statistical purposes and its follow-up, a common database that will administer the public State employment service.
5. the competent public administrations shall avoid duplication and overlaps between the different fields of management, both in regards to scheduled training actions as to the content and recipients of the same, as well as potential gaps in the coverage of training needs.
Article 15. Delivery of the training.
1. the vocational training for employment may provide in person, through distance learning, or form joint, using the combination of the two previous categories.
Provisions of this section will result in effect from January 1, 2016.
2 may impart vocational training to employment: to) the companies that develop training actions for their own workers, as well as workers in his group or enterprise network, or unemployed, with recruitment commitment or other agreement with the public employment services. To do so, may use their own either resort to recruitment, provided that they are suitable for this purpose.
(b) the competent public administrations in vocational training for employment, either through its centres suitable for training or by conventions or concerts with entities or public companies that are accredited or registered for training, in which case the latter not may subcontract to third parties the implementation of training activities, not considering outsourcing , to this effect, the recruitment of teaching staff.
In any case, are considered centres of integrated centres of professional training of public ownership and national reference centers.
(c) institutions of training, public or private, accredited or registered in the corresponding register, as provided in the following article, to provide professional training for employment, including the integrated centres of vocational training of privately owned. Workers belonging to the template of these entities, if you act as a beneficiary or provider of the formative offer regulated in article 11, may participate in training actions that manage up to a limit of 10 per cent of the total of participants without exceeding, in any case, the limit of 10 per cent of the total of employees on staff.
In addition, these entities not may subcontract to third parties the execution of the training activity be awarded them. For these purposes, the hiring of teaching staff for the delivery of training shall not be considered outsourcing.
Article 16. Accreditation and registry of training entities.
1. the training entities, public and private, must be registered in the corresponding register authorized by competent public administration to be able to teach any of the specialties included in the catalogue of specialities training referred to in article 22.3. Without prejudice to the obligation to report the beginning and end of training actions, the registration referred to in this paragraph shall not be required to companies they impart training for their workers to be with their own or resorting to hiring. In the event that the company chooses to entrust the Organization of training to an external entity as provided for in the fourth subparagraph of article 10(3), yes registration corresponding to the entity's training that is providing it, even when you are not training collected in the catalogue of educational specialties as provided for in article 22 shall be required.
Also, to be able to impart vocational training to employment addressed to obtaining professional certificates, training institutions must be accredited by the competent public administration. This accreditation will lead to registration in the register referred to in the preceding paragraph.
Entry in the register referred to in this paragraph will not be establishing character.
2. the competence to carry out the aforementioned accreditation or registration shall be to the competent body of the autonomous region, which are facilities and educational resources of the interested training institution.
For its part, it will be up to the public State employment service accreditation and registration of training organizations that use e-learning platforms. Equally, it will be the public State employment service accreditation and registration of mobile workplaces when his training performance to develop in more than one autonomous community. Also they may ask their accreditation and registration agency cited institutions of training that have permanent training resources and facilities in more than one autonomous community.
3. for it accreditation and/or registration of them entities of training in the specialty or specialties training of that is try, those must have of facilities and resources human enough that ensure its solvency technical for impart it training, both theoretical as practice, as well as the quality of the same. Facilities and resources can be either owned by third entities private or public when it does not involve outsourcing the implementation of training activities, and must bring in this case the corresponding agreement or contract of availability.
When the training is aimed at obtaining certificates of professionalism, training institutions should meet, for accreditation and maintenance of specified requirements in the royal decrees regulating the relevant certificates of professionalism. With respect to the other educational specialties, such requirements shall be those specified in the catalogue of specialities training referred to in article 22.3.
4. the training entities interested in entered in the corresponding register to impart training specialities aimed not at obtaining professional certificates, must be submitted to the competent public administration a responsible statement on compliance with the requirements pursuant to the first paragraph of the previous section. The presentation of the responsible Declaration will enable for the start of the activity from the moment of the presentation. The competent public administration will proceed to register ex officio to the entity's training in the register on the basis of the responsible statement, without prejudice to the monitoring of compliance with the requirements.
Training institutions interested in entered in the corresponding register for different specialties envisaged in the catalogue of educational specialties training must, likewise, filing before the competent public administration responsible pursuant to specific model developed for this purpose.
Furthermore, training institutions interested in imparting the training specialities aimed at obtaining professional certificates must be submitted to the competent public administration request for accreditation, being estimated the unresolved in the period of six months from the date of its presentation.
In any case, accreditation or registration is unique and valid for the provision of services throughout the national territory, as provided for in article 20 of law 20/2013, December 9, guarantee of the unity of market.
5. each one records enabled by the competent public administrations must be coordinated with the State registry of training entities referred to in article 22.4.
Both records by competent authorities and the State register referred to in the previous paragraph be incorporated and published information concerning the entities that have been sanctioned as a result of the Commission of offences in accordance with the applicable regulations.
For this purpose, the competent authorities to impose sanctions shall notify those provisions the competent public administration, as provided for in paragraph 2, to incorporate this information in the corresponding registry.
Article 17. Obligations of the training entities.
1 are obligations of training institutions that offer training in the system of vocational training for employment: to) the requirements in the delivery of the training actions that applicable under provision of law or regulation, including the obligation of training spaces and training media accredited or registered to do so.
(b) facilitate and co-responsible in the follow-up to the participation of students, learning and evaluation, as well as research methodologies and tools needed for the updating of the system.
(c) subject to controls and quality audits that establish the competent administrations, whose results will be incorporated into the records that are registered.
(d) maintain demands tecnico-pedagogicas, facilities, equipment and human resources considered for accreditation or registration of the specialty.
(e) collaborate in the process for the selection of participants and their insertion in the labour market when they are unemployed, in the form determined by the competent authority.
(f) communicate to the competent public authority to maintain registration as a training entity any change of ownership or legal form of the same.
2. without prejudice to the regime of sanctions and infringements referred to in article 20, the competent public administration, prior procedure of hearing and, where appropriate, correction of incidents for a maximum period of one month, may issue resolution that downward to the registry agreed entity formation or the corresponding specialty, as the case may When it fails to comply with any of the obligations outlined above.
Chapter IV Control of formation and regime sanctioning article 18. Monitoring and control.
1. with the aim of ensuring the fulfilment of the conditions that motivate the development of formative activities, they must be subject to monitoring and effective control by the competent administrations shall include all initiatives and modalities of delivery and will be expanded beyond mere physical requirements and formalities, incorporating the results of the training and helping to ensure their quality.
This monitoring will be carried out over the whole of training actions or based on a sufficiently representative statistical sample, as determined by the Administration competent, supplemented with questionnaires and interviews with the participants on the quality and impact of the training received and quality audits of institutions of training on the basis of objective and transparent indicators in particular, the results of the training.
2. in addition, must ensure a monitoring and control of the formation for the employment of an integral and coordinated manner between the different administrations and bodies involved in its management. For this purpose, develop an annual plan of follow-up in their respective fields of action taking into account the orientations that are approved in the General Council of the national system of employment.
Results aggregates of different monitoring and control plans will be incorporated to a report which, on an annual basis, will rise to the aforementioned organ of participation and will be of public broadcasting.
Article 19. Reinforcement of the control and the ability to impose sanctions.
1. the competent authorities enhanced instruments and means of control necessary to detect, prevent and, if necessary, sanction the cases of non-compliance or violation. Also, will be public visibility to the channels of complaint and knowledge of fraudulent situations.
2. the Inspectorate of labour and Social Security shall have structures specialized in the field of vocational training for employment, which will be established, within the scope of competences of the General Administration of the State, a special inspection unit, in accordance with the provisions of this Royal Decree-law.
The aforementioned special unit will develop a program of inspection, according to the information that is provided by public service employment and, where appropriate, by the public employment services of autonomous communities, when these have been arranged in corresponding territorial action plans inspection of labour and Social Security to take specific and concrete actions on vocational training for employment annually in the terms provided for in the autonomic regulation. The implementation of the programme of inspection will in any case with the participation of the territorial addresses of the inspection of labour and Social Security and the provincial labour and Social security inspections.
In the field of labour inspection and Social security system, it corresponds to the autonomous communities that have received the transfer of functions and services in the field of public service inspector ordered the activity of the Inspectorate of labour and Social Security in this matter, to be carried out, where necessary, in collaboration with the concerned special inspection unit.
3. for the implementation of the activities of monitoring and control of the designated training in article 18, the competent public administrations may bring support from specialized and independent external entities, aiming for this funding which may not exceed 5 per cent of training funds managed in the respective area of competence. These entities must be unrelated to the organs of participation and governance of the system of training for employment, as well as to teaching and organising the training programmed by third parties.
Mentioned support in the development of the aforementioned plans may not, in any case, make the delegation of public powers associated with the monitoring and control of the training activity.
Article 20. Offences and penalties.
1 the regime of offences and sanctions in the field of vocational training for employment will be the regulated by the revised text of the law on offences and sanctions in the Social order, approved by Royal Legislative Decree 5/2000, of 4 August.
In matters not provided for in the regime of offences and penalties established in the preceding paragraph, it will be the content of title IV of the law 38/2003 of 17 November, General subsidies.
2. the Inspectorate of labour and Social Security will control the application of subsidies and aid provided in support programs for vocational training for employment, without prejudice to the exercise of financial control of subsidies and training activities by the competent bodies in the field.
However, regional legislation may provide other forms of inspection in vocational training for employment.
3. the penalties imposed for serious and very serious offences in vocational training for employment which give rise to the subsidy is declared improper by the awarding body, firm once, will be included in the national database of grants referred to in article 20 of law 38/2003 of 17 November.
Inclusion in the database will be made by communication from the competent authorities to impose sanctions, in the form, deadlines, content and mode of shipment provided for in article 20 of law 38/2003 of 17 November.
The transfer of data of a personal nature which must be made to the General intervention of the administration of the State will not require the consent of the affected. In this area will not apply the provisions of article 21.1 of the organic law 15/1999, of 13 December, of protection of data of a Personal nature.
4 exclusions from access to grants for a certain period, as a result of the Commission of offences pursuant to the applicable legislation, will also affect those entities training which, by reason of those who govern them or other circumstances, can boast being continued or that they derive, transformation, merger or succession, other companies that had frequented those.
5 constituent of administrative offence arising from the exercise of financial control of subsidies and behavior reflected in reports that the General intervention of the administration of the State, the autonomous communities and local corporations, as well as the organs which, in accordance with Community legislation, have assigned financial control functions, shall be punished in accordance with the provisions of the preceding paragraphs.
Article 21. Modification of the revised text of the law on offences and sanctions in the Social order, approved by Royal Legislative Decree 5/2000 of 4 August.
He text consolidated of the law on offences and sanctions in the order Social, approved by the Real Decree legislative 5 / 2000, of 4 of August, is modified in the following terms: one. Paragraphs 2 and 3 of article 2 are drawn up in the following terms: «2. employers, workers own or others or assimilated, recipients and applicants for benefits from Social Security, institutions of training or those who assume the Organization of actions of training for employment set by the companies, individually or in Group of companies and applicants and beneficiaries of subsidies and public vocational training subsidies for» employment, mutual collaborators with Social Security and other institutions collaborating in the management, in the field of the legal relationship of Social Security, as well as entities or companies responsible for the management of performance in terms of its obligations in relation to the registration of public social benefits and other required subject to provide information of revenue significance in matters of Social Security.
3. employers, workers, applicants of grants and public subsidies and, in general, the physical or legal persons, with regard to the rules of placement, promotion of employment and vocational training for employment.»
Two. Gives new wording to article 5 in the following terms: "are labour offences the acts or omissions of entrepreneurs contrary to rules, laws, regulations and provisions regulations of collective agreements in the field of labour, both individual and collective relations, placement, employment, training for employment, temporary work and socio-labour insertion, typified and penalized in accordance with this law. Also need such consideration other actions or omissions of responsible subjects and in subjects that are regulated in this chapter.'
3. The title of the subsection 1 of section 3 of chapter II is worded in the following terms: «Infringements of entrepreneurs, agencies of placement, training institutions or those that assume the Organization of actions of vocational training for jobs scheduled by the companies and the beneficiaries of grants and subsidies in the field of employment and the employment promotion grants in general.»
Four. Paragraph 4 of article 14 is worded as follows: ' 4. breaching, employers, training institutions, or those who assume the Organization of scheduled training actions by the companies and applicants and beneficiaries of subsidies and public subsidies, the formal or documentary obligations required in the specific legislation on vocational training for employment» «, provided that they are not classified as serious or very serious.»
5. Paragraph 6 of article 15 is worded as follows: ' 6. breach, employers, training institutions, or those who assume the Organization of scheduled training actions by the companies and the beneficiaries of grants and public subsidies, the obligations set forth in the specific legislation on vocational training for employment, unless you have resulted in improper bonuses enjoy in the payment of social contributions» , use either of the following actions:
Re-run) training actions in the terms, other than the previously preavisados, form and content when you have not notified in time and form its cancellation or modification to the competent organ.
(b) run training programs that do not respond to real, immediate, and specific training needs of businesses and their workers.
(c) violating the obligations relating to attendance of the participants in the training activities, as well as breaching the obligation to track the participation of students, their learning, and assessment.
d) issue attendance certificates or diplomas without the required minimum content, that do not conform to approved training actions and / or made or when, not be have given as well as denying its delivery or perform his referral after the deadline, despite being requested so by the bodies of surveillance and control.
(e) breach the obligations concerning the communication of the start and end of every training action in deadlines, shape or contents provided for in the applicable regulations as well as failing to notify transformations, mergers, spin-offs and changes of ownership in the company.
(f) not identified in separate account or specific heading of your accounting all expenses of training actions, as well as bonuses that apply and co-financing, where appropriate, of the European Social Fund or other aid and European initiatives, under the heading of vocational training for employment.
(g) breaching obligations relating to custody and delivery of documentation related to the Organization, management and delivery of the training actions.
(h) attributed as cost object of financing public goods, products, materials or services that are delivered, made available or provided by the training institutions or the organisers of training and which are not strictly necessary for the delivery of the training activity.
(i) breach the obligations concerning the right to information and consultation of the legal representation of the workers.
«((Se entenderá una infracción por cada empresa y por cada acción formativa para los supuestos previstos en las letras a), b), c) of this section.»
6. Article 16 is worded as follows: «article 16. Very serious offences.
1 are very serious breaches: to) carry out activities of labor intermediation, of any kind and functional scope, which relate the placement of workers without having submitted, prior to acting as a placement agency, a statement responsible for breaching the requirements established in the law 56/2003, of December 16, employment, and its implementing regulations , or require the workers price or consideration for services rendered.
(b) in the case of temporary work companies that had submitted a responsible Declaration to act as employment agencies as referred to in the first transitional provision of Royal Decree-Law 3/2012, on 10 February, on urgent measures for the reform of the labour market, breaching the requirements established in law 56/2003, 16 December Employment, and its implementing regulations.
(c) request in selection processes personal data or set conditions, through advertising, broadcasting 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 convictions, political opinion, sexual orientation, Union membership, social status and language within the State.
(d) get or enjoy unduly of grants, aid of promotion of the employment or any established in programs of support to the creation of employment or training professional for the employment granted, financed or guaranteed, in all or partly, by the State, them communities autonomous or the Fund Social European u others aid e initiatives European, in the frame of the execution of the legislation labour beyond the economic regime of Social Security.
(e) the non-application or deviations in the implementation of subsidies or grants from the promotion of employment, reintegration of jobseekers, of 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 aid and European initiatives, within the framework of the implementation of labour legislation beyond the economic regime of Social Security.
f) breaching employers, training institutions, or those who assume the Organization of training actions planned by the companies and the beneficiaries of grants and public subsidies, the obligations set forth in the specific legislation on vocational training for employment, unless you have resulted in improper bonuses enjoy in payment of social contributions, use either of the following actions : 1 ask participants to pay wholly or partly vocational employment training initiatives, where training actions are financed with public funds and free for the same amounts.
2. simulate recruitment with the aim of workers participate in training activities.
3rd distortions of documents, as well as the simulation of the execution of the action training, including e-learning, for obtaining or improper enjoyment of grants or public subsidies for himself or for a third party in respect of training for employment.
4th train without being accredited, or, where appropriate, without submitting the responsible Declaration in accordance with the specific legislation.
5 make improper subcontracting, both in regards to teaching as to the Organization of training actions g) the misapplication or non-application for the purposes provided for legal or regulations of donations and sponsorship actions received from companies, foundations and associations of public utility, as an alternative to compliance with the obligation to reserve employment for persons with disabilities.
The offences set out in paragraphs 2nd, 3rd, 4th and 5th of the letter f), entities that undertake the Organization of the training actions planned by the companies, institutions that impart training, and the beneficiaries of grants and subsidies public, will respond jointly and severally from the refund of amounts unduly obtained by each company and training action.
«((Se entenderá una infracción por cada empresa y acción formativa para los supuestos previstos en las letras d), e) and paragraphs 2nd, 3rd, 4th and 5th of the letter f).»
7. The title of section 1 of chapter III is worded as follows: «Infringements of entrepreneurs, training entities, entities that undertake the Organization of the actions of professional training for employment set by enterprises, assimilated and own-account workers.»
8. Amending section 9 of article 22 in the following terms: ' 9. obtain or unduly enjoy any cuts, bonuses or incentives in relation to the amount of social contributions corresponding understanding produced an infringement by each worker concerned, unless it is bonus for vocational training for employment and reductions in contributions for occupational contingencies to the companies who have contributed especially to the reduction and prevention of work accidents» in which a violation means produced by each company and formative action.»
9. Add a new paragraph 15 article 22, with the following wording: «15. Breaking, training institutions or those who assume the Organization of training actions planned by the companies, every training action requirements established by the regulations in specific vocational training for employment, when it has resulted in improper bonuses enjoy in the payment of fees, except where the offence is qualified as very serious in accordance with the following article.
These entities will respond jointly and severally from the refund of amounts unduly subsidised by each company and training action.
A violation means by each company and each training action.»
10. The letter h) of paragraph 1 of article 23 is drafted in the following way: «h) incurred by employers, training institutions, or those who assume the Organization of training actions planned by companies, distortions of documents or the simulation of the execution of the action training, including the tele, for obtaining or enjoy undue reductions in vocational training for employment. "
A violation means by each company and each training action.»
Eleven. A new paragraph shall be added to paragraph 2 of article 23, with the following wording: «(En las infracciones señaladas en el apartado 1.h), training institutions, or those who assume the Organization of training actions planned by companies and applicants or beneficiaries of subsidies and State aid, will respond jointly and severally from the refund of amounts enjoyed unduly by every training action.»
12. Amending the title of subsection 3 of section 2 of Chapter VI, which is drawn up in the following way: "Accessory sanctions to employers, training institutions, or those who assume the Organization of training actions planned by the companies on employment, aid for promotion of employment, subsidies and grants for vocational training for employment and unemployment protection."
13. The last paragraph of article 40.1. f) is drawn up in the following terms: «(Las sanciones impuestas por las infracciones previstas en el apartado e) and those qualified as very serious the paragraph f) (of this article, as well as very serious offences classified in the letters d)(, e) and f) of paragraph 1 of article 16 and the letter h) of paragraph 1 of article 23 of this law» firm once, they will be public in the form expected by law.»
Fourteen. Article 46 is worded as follows: «article 46. Accessory penalties.
1. without prejudice to the sanctions that referred to in article 40.1 and, except the provisions of article 46 bis of this law, employers who have committed serious infringements provided for in paragraphs 3 and 6 of article 15 or very serious offences criminalized in articles 16 and 23 of this law, employment (, vocational training for employment and unemployment protection: to) lose, automatically, and in proportion to the number of workers affected by the infringement, subsidies, bonuses and, in general, the benefits derived from the implementation of programmes of employment or vocational training for employment, with effect from the date on which the offence was committed.
The loss of these grants, grants, bonuses and benefits derived from the implementation of programmes of employment or vocational training to employment affect the greater amount, with preference over those who have minor at the time of the Commission of the offence. This criterion must necessarily consist in the Act of infringement, in a reasoned way.
(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 resolution which imposed the sanction.
Shall be excluded in all case of access to such aid, subsidies, bonuses and benefits for a period of five years, when the infringement would be typified as very serious in the letters d), e) and f) of paragraph 1 of article 16 and the letter h) of paragraph 1 of article 23 of this law, with effect from the date of the resolution which imposed the sanction.
«((((c) in them so-called expected in them lyrics d), e) and f) of the article 16.1, are forced, in all case, to the return of the amounts obtained unduly and them not applied or applied incorrectly.»
Chapter V information systems, evaluation and quality article 22. Integrated information system.
1. the information system will collect a complete, up-to-date information on training activities that are developed throughout the national territory, which allows their traceability and the evaluation of their impact on the improvement of the employability of workers, and to ensure the comparability, consistency and the permanent updating of the information on vocational training for employment whichever the initiative under which to develop. This information will be collected in a file only, accessible to all the competent authorities.
The public service of employment, in collaboration with the autonomous communities, will define models and common protocols for the exchange of data that are necessary for the implementation of the integrated system of information and file. In addition, complete and develop the following instruments of transparency and dissemination of the system: the training account, the catalogue of educational specialties and the State registry of training entities.
2. the training received by the worker during his professional career, and in any case the received in accordance with the national catalogue of professional qualifications and the Spanish qualifications framework for higher education, shall be entered in a training account associated with the number of affiliation to Social Security.
The public employment services shall ensure the reliability of the information incorporated into this account and shall carry out, in time and form, the corresponding annotations.
3. the public State employment service will develop and maintain a catalogue of training specialities, which will contain all the training offer developed within the framework of the vocational training system for use in the workplace, permanently updated includes both aimed to obtain professional certificates, as well as the minimum requirements of teaching staff and the participants as facilities and equipment for the delivery of each specialty training.
The permanent updating of the catalogue will provide media Agile for the incorporation of new specialties training and response to the demands of training of emerging occupations and sectors. Also, a periodic review of the same within a period not exceeding five years must be made from its inclusion in the catalog of educational specialties.
On the initiative of training scheduled by the companies for their workers shall not be required that the training actions are referenced to the training specialities of this catalogue, without prejudice to the obligation to communicate their start and end.
4. in addition, the public State employment service will develop and maintain a State registry of training entities, of a public nature, which will be coordinated with a common data structure with the records available to the autonomous communities for the registration of training entities in their respective territories, in accordance with article 16 and integrate the information from those records permanently updated.
This register will incorporate information on the quality and results of the training provided by training institutions registered to using, for this purpose, objective and transparent indicators.
Article 23. Evaluation of training: impact and efficiency.
1. the system of vocational training for employment will be subject to a process of permanent evaluation that allows to know the impact of the training carried out in the access to and maintenance of employment, the improvement of the competitiveness of enterprises, the adequacy of the training actions to the needs of the labour market and the efficiency of economic resources and means employed.
To this end, the public State employment service, with the bodies or competent bodies of the autonomous communities, with the participation of organizations business and trade unions, developed annually a plan for evaluation of the quality, impact, effectiveness and efficiency of the whole system of vocational training for employment in the workplace, whose conclusions and recommendations shall give rise to the incorporation of improvements in its functioning.
This annual evaluation plan shall be submitted to the General Council of the national system of employment report.
2 also, the competent bodies for the management, programming and control of training for employment in their respective fields will be those responsible for conducting a permanent assessment that includes: to) a previous study justifying the necessity or appropriateness of the setting up of any training initiative. This study will include an analysis of the market with, at least, an accurate diagnosis of training needs which intends to respond.
(b) establishment of objectives accompanied by a set of indicators measurable, specific and previous transparent which allow tracking and evaluation of quality of training.
(c) measuring the impact of acquired knowledge, in terms of inclusion of unemployed workers in a job related to the training received and improve performance on the job or possibilities of promotion for employed workers.
(d) an evaluation of the satisfaction of users with the participation of the students and companies.
(e) the systematic analysis of the conclusions and recommendations resulting from the evaluation, so that they translate into improvements to the system.
3 the training programmed and managed by enterprises for their own workers, without prejudice to the evaluation carried out at the heart of those, will perform an assessment of the initiative as a whole to see if it meets the previously identified needs. This assessment will be incorporated into the annual plan referred to in paragraph 1.
4. to previous assessments joins many others may be necessary in response to previously defined specific indicators and objectives. These evaluations will be carried out by external entities specialized and independent, unrelated to the organs of participation and governance of the system of training for employment, as well as to teaching and organising the training scheduled for third parties. Also, within the framework of the sectoral Conference on employment and Labour Affairs may remember inter-authority assessments about the quality and the impact vocational training for employment in the various fields.
5. the competent authorities shall publish the results of the evaluations provided for in the preceding paragraphs, devoting this space easily accessible and identifiable public consultation and information.
Article 24. Quality of training.
1. the public employment services shall ensure the quality of training in their respective fields of competence. To do so, shall be guided by the provisions for monitoring and evaluation of the Spanish strategy of activation for current employment at any time, as well as its objectives and principles, in particular, in relation a: to) results orientation, as well as the monitoring and evaluation of the results of actions and objectives.
(b) the identification of costs and dissemination of good practices.
c) offer training to jobseekers as a tool for activation and reintegration, strengthening the link between active and passive employment policies.
(d) the adjustment and adaptation of training to the needs of their recipients and the of the labor market, according to the reality of the territory in which they are applied.
(e) the opening to society, encouraging the participation of other actors and companies, both public and private, through the relevant instruments of collaboration.
2. the training entities that offer the training offer for employed and unemployed workers must sign prior to the perception of public funding, a verifiable commitment to quality management, transparency and efficiency in the use of public resources. This commitment will be to monitor teaching and assistance of all participants, their satisfaction with the development of the training action, their contents, their results, the quality of teachers and teaching modalities.
3. the public State employment service, taking into account the proposals of the autonomous communities, develop a plan for the improvement of the teaching staff that imparts training activities and the development of it-oriented tecnico-didactica methodology. When the actions of the plan are aimed at trainers of two or more autonomous communities will run through the national reference centres, which receive funding agreed in the bosom of the respective commissions of coordination and monitoring, of the public State employment service and when they are directed specifically to forming an autonomous community will be managed at the regional level.
This plan shall be submitted to the General Council of the national system of employment report.
Chapter VI governance system article 25. Organ of participation of public administrations and the social partners.
The General Council of the national system of employment is the main organ of consultation and participation of public administrations and the social partners in the vocational training system for use in the workplace. In this matter, and that is not subject to mandatory report by the General Council for vocational training, the quoted body will develop, in addition to the functions set out in this Royal Decree-Law, which are established by law.
Article 26. Competent public administration and coordination of the system.
1. each public administration shall ensure the programming, management and control of training for employment in its area of competence, consistency and coordination with the corresponding to other administrations.
The public State employment service and the competent bodies of the autonomous communities carried out their collaboration, coordination and cooperation in this area through the sectoral Conference on employment and labour issues, in accordance with the provisions of article 7.a) of law 56/2003 of 16 December on employment.
2 at the State level, the public State employment service will develop fully or partially functions of programming, management and control of training for employment in the following cases: a) the activities of evaluation, monitoring and control of training initiatives financed through reductions in Social security contributions applied companies having their places of work in more than one autonomous community.
(b) programs or training activities that transcend the territorial scope of an autonomous region and may require the intervention of the public State employment service to ensure a homogeneous and coordinated action. According to the rules the assumptions that meet these requirements will be determined.
((c) training activities related to the exercise of exclusive powers of the State as referred to in article 13.h).4 of Act 56/2003, of December 16, employment.
(d) training activities in the territory of Ceuta and Melilla while its management has not been transferred to these autonomous cities, according to the provisions of the second transitional provision of law 56/2003, of December 16, of employment.
3. in the autonomous, bodies and competent bodies for programming, management and control of the professional training for employment will be those governing the autonomous communities.
4. the autonomous communities should provide information on the formation developed in their respective fields, including the necessary for the justification of actions co-financed by the European Social Fund, in such a way that ensure their coordination and integration with statistics of the State Assembly to the public State employment service.
For its part, the public State employment service will provide to the autonomous communities the training information executed throughout the State, including that runs through the public State employment service in the territory of each autonomous community.
Also the aforementioned body shall ensure the fulfilment of the obligations of information of the autonomous communities and shall communicate to them the corrections that may be necessary.
In the rules or cooperation agreements that incorporate the objective criteria of distribution of funds approved by the sectoral Conference on employment and labor matters in each fiscal year, be set together with the management conditions laid down in article 86 of law 47/2003, of 26 November, General budget, the consequences of non-compliance with reporting obligations referred to in this section.
Article 27. State Foundation for training in employment.
1. the State Foundation for training in employment belongs to the public sector and its Board of Trustees shall consist of the General Administration of the State, the autonomous communities and the most representative trade unions and business organizations. Quoted Board will be composed of the number of members that determine its statutes in accordance with the limits established in the Royal Decree 451/2012, March 5, by regulating the remuneration regime of the most responsible and managers in the public sector business and other entities, as well as its implementing regulations. The representation of the General Administration of the State shall be majority in that body. The owner of the Secretary of State for employment will hold the Presidency.
The regime of adoption of agreements will require the majority of the members of the Board of Trustees, having its President casting vote in the event of a tie.
2. within the framework of the provisions in the Law 50/2002, of 26 December, foundations, the State Foundation for training in employment take place, within the scope of the powers of the State, the activities assigned to it by law. In any case, will act as a collaborating entity with technical support from the public State employment service in vocational training for employment, prior signing of the corresponding collaboration agreement in accordance with articles 12 et seq. of law 38/2003 of 17 November, General grant.
You will also have support functions to the Ministry of employment and Social Security in the strategic development of the vocational training system for use in the workplace.
Article 28. Sectoral joint structures.
1. in the framework of sectoral collective bargaining of State-level, and through specific arrangements for training of equal scope, the most representative trade union and business organisations and the representative in the sector in question may constitute joint sectoral structures with or without legal personality.
These joint structures grouped related sectors in accordance with the sectoral map adopted by the General Council of the national system of employment.
2 the sectoral joint structures have, in the field of vocational training for the employment system, the following functions: to) prospecting and detection of sectoral training needs.
(b) proposal for guidelines and training priorities for sectoral training programmes, with special emphasis in which aimed at SMEs.
(c) proposal for improvement of the management and the quality of training for employment in its sectoral scope.
(d) preparation of training proposals related to the processes of adjustment, restructuring and sectoral development, in particular those related to needs of retraining of workers from industries in decline.
(e) mediation processes of discrepancies and definition of mechanisms that favour the training arrangements in the bosom of the companies.
(f) knowledge of vocational training for employment, which is carried out in their respective fields.
(g) dissemination of initiatives for training and promotion of vocational training for employment, especially among SMEs and micro-SME.
(h) preparation of an annual report on vocational training for employment in its sectoral scope.
(i) elaboration of proposals for the preparation of sectoral studies and research that will promote in their respective fields and those who carry out the national reference centres.
3 also, at the request of the public service of State employment or from the State Foundation for training in employment, will be able: to) carry out studies and investigations of sectoral vocational training for employment in the workplace.
(b) participate in the definition and updating of vocational qualifications, certificates of professionalism and training specialties.
(c) involved in work experience accreditation processes and in the design of training actions that contribute to the completion of the same.
(d) participate in the extension and consolidation of dual vocational training, through the contract for training and learning in the workplace.
4. by order of the head of the Ministry of employment and Social Security, will determine the framework of operation, deadlines, criteria, conditions and obligations of information which must meet the sectoral joint structures for the purpose of funding, following a report of the General Council of the national system of employment.
These joint structures provide an operating regulation, and will have sufficient funding and qualified technical support so that they can develop the mandated functions.
First additional provision. Support to small and medium-sized enterprises.
The public employment services will promote the necessary initiatives to facilitate and generalize the access of small and medium-sized enterprises to the training of their workers. To this end, they must provide advice and put at their disposal the necessary information about different initiatives existing training institutions for teaching and vocational training for employment.
Second additional provision. Promotion of training check.
In the bosom of the sectoral Conference on employment and labour issues, they will be analysed and will jointly between the employment and Social Security Ministry and the competent authorities of the autonomous communities, the measures necessary for the implementation in March, development, monitoring and evaluation of training check provided for in article 7.3.
Third additional provision. Promotion of key instruments of the national system of qualifications and vocational training.
With the aim of bringing the training for employment to the real needs of the productive economy, will boost some key instruments of the national system of qualifications and vocational training, to enhance its quality and efficiency, as well as its adaptation to the individual training needs and the production system. (To these effects, and in accordance with it planned in the law organic 5 / 2002, of 19 of June, of them qualifications and it training professional, them administrations public competent shall take the measures that are necessary for: to) update the Repertoire national of certified of professionalism in accordance with a procedure agile and according to needs of a market labor changed , as well as updates to the national catalogue of professional qualifications.
(b) strengthen the network of national reference centres, promoting their collaboration in the development of actions innovative, experimental and training in the field of vocational training for employment, and in particular in improving the quality of activities aimed at the network of training institutions collaborating and trainers. For this reason, these centers shall endeavour to maintain relationship with technology centers and other knowledge management networks, both national and international, in their specific sectoral areas.
(c) promote the accreditation procedures of work experience, with improvements that favor its continuity, agility and efficiency to ensure quality and opportunities for qualification, on equal terms for all workers.
d) develop an integrated system of information and guidance which, on the basis of individual profile, will facilitate progress in the professional qualification of workers through training and recognition of work experience.
Fourth additional provision. Production of statistics.
Public employment service state, within the framework of the national system of employment, shall take necessary measures to statistics being developed within the scope of the entire territory of the State include not only the training carried out in the framework of this Royal Decree, but that perform own financing companies and public administrations for their employees.
Fifth additional provision. Tripartite Foundation for training in employment.
The tripartite Foundation for training in employment will take the name of the Foundation referred to in article 27 and will adjust its composition to the conditions laid down by that article.
It authorizes the tripartite Foundation for training in employment so that, within a maximum period of one month from the date of entry into force of this Royal Decree and surcharge your budget, take technical and economic measures which are necessary in order to adapt their bylaws and organization to the provisions of this Royal Decree.
Sixth additional provision. Financing of the activities of prospecting and planning.
(Financing of the activities provided for in paragraphs 2 and 3 of article 28, as well as which could carry out to comply with the letters c) and (d)) of article 11.2, will be handled through the budget allocated to the State Foundation for training in employment or of the competent authorities , as appropriate and their distribution will take place on the basis of the activity actually carried out. It may also compensate participants in such activities for their maintenance, accommodation and travelling expenses.
Seventh additional provision. Evaluation of the measures in support of the recruitment.
The Government will develop an analysis of the set of bonuses to hiring and reductions in contributions to social security in force at all territorial levels to be submitted before the 31 May 2016. This analysis will evaluate the effectiveness of the measures of support to hiring in force for the fulfillment of its objectives, its budgetary impact and assess the desirability of maintaining incentives or allocate those resources for other initiatives in the field of active employment policies.
The eighth additional provision. BOAD credit remaining.
Credit balances for the system of vocational training for employment in the workplace that could occur at the end of each fiscal year in the reserve of the public State employment service credit may join appropriations for the next financial year, in accordance with what has the General State budget Act for each fiscal year.
Ninth additional provision. Public spending.
The measures included in this Royal Decree-law may not assume net increase public spending or staff at the service of the administration costs.
First transitional provision. Transitional arrangements.
1. up to not develop vocational training for employment initiatives referred to in article 9, according to the rules will remain in force provided for in Royal Decree 395/2007 of 23 March, which regulates the subsystem of vocational training for employment, and its implementing regulations, except in regard to the following provisions (: a) the regime of competitive competition open only to training bodies accredited or registered in the corresponding register, in the cases in which envisaged pursuant to article 7.3. These entities, in addition to complying with the obligations laid down in article 17, may not subcontract to third parties the implementation of training activity that is awarded to them, not considering outsourcing, to these effects, the recruitment of teaching staff.
(b) the funding only of training activities carried out from your grant or award.
(c) the anticipated payment subsidies, if any, in accordance with what in the second paragraph of article 7.6.
(d) the impulse to check training provided for in article 7.3, in accordance with the provisions of the additional provision second.
(e) training actions of the companies whose home is communicated from the publication of this Royal Decree, current economic modules shall apply equally to all companies, what ever their size. Also, the minimum duration of these established in article 9(2), the percentage of indirect costs and organization costs fixed in article 8.3, the co-financing percentages set out in article 10.5 shall apply to such training activities.
Also, calls for formation of supply that are published after the entry into force of the present Royal Decree-Law apply the limit of 10 per cent in funding for indirect costs.
(f) the companies, allowing us to organize and provide training for their workers by themselves, may choose to entrust the Organization and delivery of training to external entities, under the terms laid down in the articles 10.3 and 13.
((g) that workers belonging to the template of an entity of training acting as beneficiary or provider of the training offer for busy workers, may participate in training actions that manage the limits in article 15.2. c).
(h) for the implementation of training schemes targeting workers occupied will not be mandatory subscription, with institutions of training that are awarded, of the planned Convention in paragraphs 2 and 3 of article 24 of the Royal Decree 395/2007, of 24 March, which regulates the subsystem of vocational training for employment.
2 bodies that have approved calls for grants pending at the date of entry into force of the present Royal Decree-law void provisions that are contrary to provisions in respect of the matters mentioned in the letters to), b), c) of paragraph 1, as well as the limit of 10 per cent in funding for indirect costs.
3. the maximum percentage of financing provided for in article 8 for indirect, as well as for the costs of Organization training scheduled by companies, shall apply to the associated costs and costs to the costs of organization respectively.
Second transitional provision. Priority cross-disciplinary skills for 2015.
Until no elaborate stage multiannual or annual report needs training to referred to articles 5 and 6, they shall be regarded as priority actions for the purposes of the training programme, at least those related to languages, Office Automation and information and communication technologies competences, knowledge, legal and financial performance of public administrations.
Sole repeal provision. Repeal legislation.
1 are repealed all the rules of equal or lower rank which contradict or conflict with the provisions of this Royal Decree-law.
2 are expressly repealed the additional provision of law 56/2003, of December 16, sixth of employment and the additional provision of law 43/2006, of 29 December, fifth for the improvement of growth and employment.
In addition, repealed the chapter I and the transitional provision of the Royal Decree 1613 / 2010, dated 7 December, whereby creates and regulates the Council's representativeness of professional associations of self-employed workers in the State sector and establishing the composition and operating regime and organization of the Council of the autonomous work.
First final provision. Skill-related title.
This Royal Decree is issued under cover in the articles 149.1.7. ª and 149.1.13. ª of the Constitution, which attributed to the State the exclusive competence in the field of labour law and the competence to regulate the bases of general planning of economic activity respectively.
In addition, the fourth final provision dictates under cover in the articles 149.1.16. ª and 149.1.17. ª of the Constitution, which attributed to the State the exclusive competence in bases and general coordination of the health and the economic regime of Social Security, respectively.
Second final provision. Special Unit of the Inspectorate of labour and Social Security.
By order of the Minister of employment and Social Security, the Inspectorate of labour and Social Security, will organize in the bosom of the special Directorate attached to the Central Authority, a special unit of inspection responsible for the surveillance and control functions referred to in article 3, sections 1.3.1 and 1.4.3 the law 42/1997, of 14 November Ordering of the Inspectorate of labour and Social Security, in the field of subsidies subsidies and AIDS in vocational training for employment whose competence is attributed to the General Administration of the State. The tasks entrusted to this special unit shall be compatible with the exercise of the functions of supervision and control that have attributed the territorial addresses of the Inspectorate of labour and Social Security and the provincial labour and Social security inspections in this area.
Creation and functioning of the Special Unit, as well as the endowment of his relationship of jobs, does not imply public spending increase.
Third final provision. Modification of law 20/2007, of July 11, of the Statute of the self-employed worker.
Law 20/2007, of July 11, of the Statute of the self-employed worker, is hereby amended as follows: one. Article 21 is worded as follows: «article 21. Determination of the representativeness of associations of self-employed workers.
1. without prejudice to the representation that boast of its affiliates and the effects of the provisions of this article and the next, they shall be regarded as professional representative associations of self-employed workers at the State level, those who registered in the State Register of professional associations of self-employed workers, demonstrate a sufficient implementation at the national level.
2. the sufficient implementation at the State level will be recognized taking into account the number of self-employed workers, as well as the dimension of its structure, reflected in the human resources employed by the Association and its implementation in the territory.
It will be necessary to prove a level of affiliation of the contributors to the special scheme of Social Security for self-employed workers in the terms to be determined by regulation, and have headquarters and human resources in at least three regions, all in the calendar year prior to the application of the accreditation.
Supporting documentation of compliance with the requirements must present to the State registry of professional associations of self-employed workers in the terms to be determined by regulation.
3 the representative associations of intersectoral self-employed workers at State level and, in addition, the business and trade unions most representative organizations, shall enjoy a unique legal position, which gives them legal capacity to act on behalf of the self-employed at all territorial levels for: to) hold institutional representation before the public administrations or other entities or State or autonomous community agencies that it has planned.
(b) be consulted when the administrations public design them political public that have an impact on the work autonomous.
(c) collaborate in the design of public programmes aimed at self-employed workers legally provided.
(d) any other function which is established legal or regulations.
4. the sufficient implementation at the regional level will be recognized taking into account the same criteria for the recognition of the representation at the State level, in the terms established in paragraph 2.
Professional associations of self-employed workers who have considered representative at regional level shall have capacity to exercise, in the specific area of the autonomous community, the functions provided for in paragraph 3.'
Two. The twelfth additional provision is worded as follows: «twelfth additional provision. Participation of self-employed workers in training and occupational information programmes.
With the purpose of reducing accidents and prevent the emergence of occupational diseases in the respective sectors, the representative of intersectoral self-employed workers associations and the most representative trade unions and business organizations may be permanent corresponding to the collective said, information and training programmes promoted by the competent public administrations in the field of prevention of occupational risks and the consequences of accidents at work and occupational diseases repair.»
Fourth final provision. Modification of the Real Decree 1192 / 2012, of 3 August, which regulates the status of insured and beneficiary for purposes of health care in Spain, financed by public funds, through the national health system.
Added a new tenth additional provision in the Real Decree 1192 / 2012, of 3 August, which regulates the status of insured and beneficiary for purposes of health care in Spain, financed by public funds, through the national health system, with the following wording: «tenth additional provision. Personal of the mutual societies of the administrations public of Navarra.
A_efectos_de health care financed by the national health system, officials in active employment in the service of the provincial government, city councils, councils and administrative entities of Navarra as well as pensioners framed in mutual societies of the administrations public of Navarra, be construed as including respectively in paragraphs 1 and 2 of article 2.1. to) of this Royal Decree.
«Also, relatives of each other, that you are in any of the cases and comply with the requirements established in article 3, shall be beneficiaries of those for the purpose of health care with charge to the national health system.»
Fifth final provision. Modification of statutory provisions.
Regulatory standards that are subject to modification by this Royal Decree-law may be amended in the future by standards of the regulatory range corresponding to the standard containing.
Sixth final provision. Regulatory clearance.
Within a maximum period of 6 months from the entry into force of the present Royal Decree-Law, the Government, the Minister of employment and Social Security and the Minister of finance and public administration, in the scope of their powers, will dictate provisions that are accurate for the development and execution of provisions therein.
Seventh final disposition. Entry into force.
The present Royal Decree will enter into force the day following its publication in the "Official Gazette".
Given in Madrid, on March 22, 2015.
The Prime Minister, MARIANO RAJOY BREY
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