Article 25 of the Spanish Constitution states that the custodial sentences will be aimed at reeducation and social reintegration, as well as those sentenced to prison sentences will be entitled to a paid job. and the benefits of Social Security. In order to comply with this constitutional precept as well as the Organic Law 1/1979 of 26 September, General Penitencia, the autonomous body Labour Penitentiary and Training for Employment was established, the object of which is the promotion, organization and control of productive work and training for the use of prisoners in prison facilities.

Law 22/2013, of 23 December, of the General Budget of the State for the year 2014, in its additional provision octagesima seventh, establishes that, with effect from 1 January 2014 and indefinite validity, the autonomous body Prison Work and Training for Employment is transformed into a state entity governed by public law as provided for in Article 2.1.g) of Law 47/2003 of 26 November, General Budget. It also establishes that the Government, within three months, will amend Royal Decree 868/2005 of 15 July, approving the Statute of the autonomous body Labour Penitentiary and Training for Employment, in order to adapt it to the contained in such an additional provision.

The royal decree contains a single article approving the Statute of the entity, a transitional provision, a derogation provision and four final provisions.

For its part, the Statute is composed of 18 articles. The first four regulate the nature, legal regime, object, functions and regulations applicable. Articles 5 to 9 are devoted to the management and functions of the bodies, Article 10 to the organic structure of the institution, Article 11 to economic resources, Articles 12 to 15 to the patrimonial system, budget, accounting and economic-financial, Article 16 to the recruitment regime, 17 to the Staff Regulations and, finally, 18 to legal assistance.

The main changes are motivated by the need to adapt the Statute to the general rules governing the legal status of State public law entities, mainly in relation to the budgetary regime. and accounting officer.

From the administrative and commercial budget that the autonomous body assigned to its functioning, it is transferred to a system of operating and capital budget, of an estimated nature.

In terms of recruitment, it will be governed by the provisions of public sector contract legislation.

With regard to the financial economic control to which the state entity governed by public law is subject, Penitentiary and Training for Employment, it is established that without prejudice to the powers of audit attributed the Court of Auditors, shall be subject to the permanent financial control and public audit provided for in the General Budget Law.

With regard to the functions of the new entity, as well as the extinct autonomous body, there is, among others, the management of the economates and cafeterias existing in the penitentiary establishments, the realization of industrial, commercial or analogous activities and, in general, how many operations relate to the prison work or are entrusted to it by the Public Administrations for the fulfilment of its own purposes.

For the exercise of such functions, Prison Work and Training for Employment should continue to be considered as a means of own instruments and technical service of the General Administration of the State and the The contracting authorities are obliged to carry out the work which they entrust to them in connection with their own purposes.

This will allow to maintain and increase the level of occupation of the internal workers in the centers, and to contribute to the ultimate goal of sociolaboral insertion of the same.

In its virtue, at the initiative of the Ministry of the Interior, at the proposal of the Minister of Finance and Public Administrations, according to the Council of State and after deliberation by the Council of Ministers at its meeting on February 2015,

DISPONGO:

Single item. Approval of the Staff Regulations.

The Statute of the state entity governed by public law is hereby approved, with the text inserted below.

Single transient arrangement. Integration of civil servants and employees.

The official and labor personnel who serve in the defunct autonomous agency Labor Penitentiary and Training for Employment at the time of the entry into force of this royal decree, will move to provide services for the new entity with the same rights and obligations as it has in the autonomous body and with the same legal regime.

At the entry into force of this royal decree, the modification of the employment relationship will be carried out in order to adapt it to its general organization, after approval by the Ministry of Finance and Public Administrations.

Single repeal provision. Regulatory repeal.

Royal Decree 868/2005 of 15 July 2005, approving the Statute of the autonomous body Labour Penitentiary and Training for Employment, as well as all provisions of equal or lower rank, are hereby repealed. the provisions of this royal decree.

Final disposition first. Powers of development.

The Minister of the Interior is authorized to dictate, after the appropriate legal procedures have been completed, the provisions that are necessary for the development of this royal decree.

Final disposition second. Adequacy of budgetary appropriations.

The Ministry of Finance and Public Administrations will make the budgetary modifications and credit ratings that will be precise for the fulfillment of the provisions of this royal decree.

Final disposition third. No increase in staff expenditure.

In accordance with the provisions of the additional twenty-fourth provision of Law 36/2014 of 26 December 2014 of the General Budget of the State for the year 2015, this provision may not result in a net increase in the costs of personnel at the service of the Administration.

Final disposition fourth. Entry into force.

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

Given in Madrid, on February 27, 2015.

FELIPE R.

The Minister of Finance and Public Administrations,

CRISTOBAL MONTORO ROMERO

STATUTE OF THE STATE ENTITY OF PUBLIC LAW WORK PRISON AND TRAINING FOR EMPLOYMENT

Article 1. Nature and legal status.

1. Prison Work and Training for Employment is a state entity governed by public law as provided for in Article 2 (1) (g) of Law 47/2003 of 26 November, General Budget, with public legal personality (a) differentiated, equity and treasury, as well as autonomy of management and full legal capacity and action.

Within its sphere of competence, it corresponds to the precise administrative powers for the fulfillment of its purposes, in the terms provided for in this Statute, except for the expropriation of power.

2. It is attached to the Ministry of the Interior, through the General Secretariat of Penitentiary Institutions.

It is up to the Ministry of the Interior to carry out the strategic direction, evaluation and control of the results of its activities, through the General Secretariat of Penitentiary Institutions. It also corresponds to the control of effectiveness, without prejudice to the competences attributed to the General Intervention of the State Administration in terms of the evaluation and control of the results of the public bodies members of the sector State public.

3. Prison Work and Training for Employment will be governed by Law 30/1992 of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure; by the recast of the Law of Contracts of the Sector Public, approved by Royal Decree-Law 3/2011 of 14 November; by Law 47/2003, of 26 November, General Budget; by Law 33/2003, of 3 November, of the Patrimony of Public Administrations; by this Statute; and by the other legal provisions applicable to this type of State entity, and in an additional way Law 6/1997, of 14 April, of the organization and operation of the General Administration of the State.

Article 2. Object.

purpose of the institution is the promotion, organization and control of productive work and training for the use of prison inmates, as well as the organization of the work of the prison. Permanent collaboration with the General Secretariat of Penitentiary Institutions for the achievement of the purposes entrusted by Article 25 of the Constitution and the Organic Law 1/1979 of 26 September, General Penitentiary.

Article 3. Functions.

They are functions of the entity:

(a) The organization of the productive prison work and its timely remuneration.

b) The management of the existing economates and cafeterias in the penitentiary and social insertion centres as provided for in Article 299 et seq. of the Penitentiary Regulation, approved by Royal Decree 190/1996, February 9.

c) The installation, extension, transformation, conservation and improvement of the workshops, penitentiary farms, or premises and facilities necessary for the purposes of the entity, as well as the services, works and acquisitions that relate to their exploitation, production or activity.

d) The performance of industrial, commercial or analogous activities and, in general, how many operations relate to the prison work or are entrusted to them by the Public Administrations, for the fulfillment of the purposes that are your own.

e) Training for the employment of inmates in prison centers and social insertion centers.

f) Promoting relationships with institutions and organizations that facilitate the fulfillment of the entity's goals.

g) The impetus and coordination of how many lines of activity are developed from the prison administration in terms of preparation or accompaniment for sociolaboral insertion.

h) Permanent collaboration with the General Secretariat of Penitentiary Institutions or other specialized institutions, for the management of penalties or alternative measures provided for in criminal law.

Article 4. Regulations applicable to prison work.

1. Prison Work and Training for Employment shall pay the work of the inmates in accordance with the normal performance of the activity, professional category and work schedule effectively fulfilled.

2. The special employment relationship established between the Penitentiary and the Employment Training entity and the inmates who develop a work activity in the productive workshops of the administrative centers of the Administration As well as its protection of social security, it will be governed by the provisions of Royal Decree 782/2001, of July 6, which regulates the special employment relationship of the penados who carry out work activities in workshops (a) penitentiary and the protection of the social security of those subject to work penalties for the benefit of the community.

Article 5. Organs of direction and firmness of their actions.

1. The institution Working Prison and Training for Employment shall have as maximum steering bodies the following:

a) The President.

b) The Board of Directors.

c) The Manager-Manager.

2. The acts dictated by the President and the Board of Directors, within the scope of their respective powers, shall put an end to the administrative path.

Article 6. The President.

The President will be the head of the General Secretariat of Penitentiary Institutions. Corresponds to the President:

a) Approve the entity's overall performance plans.

b) Call and chair the sessions of the Board of Directors.

c) Exercise the privileges that correspond to it as the entity's contracting authority.

d) Subscribe conventions and enable the Manager-Manager to subscribe to contracts and collaboration commitments with external companies.

e) Approve the expenses, as well as order the payments that correspond to the authorized expenses.

(f) To give annual accounts to the Court of Auditors, in accordance with budgetary rules.

g) Exercise the other powers conferred on it, in accordance with the legal order.

Article 7. The Board of Directors.

1. The Board of Directors, which shall not exceed 12 members, shall be composed of the President and the following members:

(a) The Assistant Directors General for Penitentiary Services and Management, Penitentiary Services, Institutional Relations and Territorial Coordination, Penas and Alternative Measures, and Penitentiary Inspection, General Secretariat of Penitentiary Institutions.

(b) A representative of the State of the Interior Ministry, and the Head of the Office of the Budget Office of the Ministry of the Interior.

(c) A representative of the Ministry of Finance and Public Administrations, designated by its holder, with an organic level of deputy director-general.

(d) A representative of the Ministry of Employment and Social Security, appointed by its holder, with the organic level of deputy director-general.

e) The Director-Manager of the entity, who shall perform the duties of the Secretary of the Board of Directors, with voice and vote.

Attend the sessions of the Board of Directors, with a voice but no vote, a representative of the Delegation in the Ministry of the Interior.

2. In the case of vacancy, absence or illness of the Director-Manager, the duties of secretary shall fall to the Assistant Director General of Penitentiary Treatment and Management.

3. It is for the President to address the Council's deliberations, which shall be met at least twice a year.

4. As not provided for in this Statute, the functioning of the Board of Directors shall be governed by the provisions of Chapter II of Title II of Law 30/1992 of 26 November.

Article 8. Powers of the Board of Directors.

The Board of Directors shall be assigned:

(a) Meet and ensure compliance with the essential purposes of the Penitentiary and Employment Training entity.

b) Approve the preliminary draft budgets, as well as the entity's annual accounts.

c) Approve the entity's plan of action, in coordination with that of the General Secretariat of Penitentiary Institutions.

d) To determine annually the remuneration module of the inmates who perform productive work in the prison workshops.

e) Approve annually the inventory of goods and rights, both own and attached, except those of a fungible character.

f) Deliberate on those matters that are normally of the Director-Manager's competence but which the President agrees to submit to the Council.

g) Propose how many initiatives can contribute to the best functioning of the Penitentiary and Training for Employment entity to the fulfillment of their goals.

Article 9. The Manager-Manager.

1. The Director-Manager, with the organic level of Deputy Director General, will be the body responsible for the implementation of the agreements of the Board of Directors of the Penitentiary and Training for Employment. He shall be an official of a body or scale of the A1 sub-group of any of the Public Administrations, and shall be appointed and terminated by the holder of the Ministry of the Interior, on a proposal from the holder of the General Secretariat of the Institutions Penitentiary.

For such purposes, a system of preselection will be put in place to guarantee advertising and competition. The designation shall be made from among the shortlisted and shall be in accordance with the principles of merit and capacity and suitability criteria.

2. The Manager-Manager is responsible for:

(a) The management and management of the commercial, industrial and any other work and activities necessary for the operation of the entity, as well as the adoption of the provisions relating to exploitation and production of workshops.

b) The direction, impetus and management of training actions for the employment and employment of prisoners.

c) The economic and financial direction, as well as the management of the assets and rights members of the entity's assets and the updating of its inventory for its conservation, correct administration and legal defense. In particular, it is up to the institution to draw up the annual preliminary draft budget, as well as the formulation of the annual accounts.

d) The preparation of plans, programmes and objectives in coordination with the action plan of the General Secretariat of Penitentiary Institutions.

e) The technical and administrative control of the services, facilities and workshops; for these purposes, it will formulate to the bodies of the entity the appropriate proposals in order to the fulfillment of the aims that it has entrusted.

(f) Communication with other bodies, entities and individuals which are related to the institution's own purposes, without prejudice to the representation functions that correspond to the General Secretariat of the Institutions Penitentiary.

g) Exercise the functions that the current provisions attribute to you, as well as how many matters, within the purposes, are entrusted to you.

h) How many other functions are entrusted to you by the President of the Penitentiary and Employment Training entity.

Article 10. Organic structure.

1. The institution Working Prison and Training for Employment shall have an organic structure in accordance with the tasks assigned to it in Article 2, with direct dependence on the Director-Manager.

2. In each of the penitentiary centers, there will be the figure of Delegate of the institution Prison and Training for Employment, which will be held by the head of the Directorate of the Prison Center. Its role will be to monitor the activity carried out by the institution in the prison in coordination with the Managing Director.

Each prison facility will have the staff who will be responsible for executing the programs and policies of the institution in the center. Its sizing will be established in the ratio of jobs to be established according to the expected volume of activity.

Article 11. Economic resources.

In order to comply with its purposes, and in accordance with the provisions of Article 65.2 of Law 6/1997 of 14 April, of the organization and operation of the General Administration of the State, the entity shall have the following: resources:

(a) The allocations that are entered on an annual basis in the State's General Budget, and the current and capital transfers from the general government or public entities.

(b) The assets and rights that constitute their assets and the products and income of the property and the property that they have attached to, or whose exploitation is attributed to them.

(c) The revenue of public or private law which, where appropriate, is applicable to it and those resulting from its commercial and industrial activities.

(d) Grants, voluntary contributions, donations or legacies and other contributions that they grant or grant to other public entities and private or private entities.

e) The assets of the State's assets that may be attached to it.

f) Other economic resources, ordinary or extraordinary, that can be attributed to you.

Article 12. Estate regime.

1. The patrimonial regime of the institution of Prison and Training for Employment will be established for public bodies in Law 33/2003, of 3 November, of the Patrimony of Public Administrations, and in provisions complementary.

2. In order to comply with its purposes, the entity may have, in addition to its own patrimony other than that of the State, the entity formed by the assets and rights assigned to it by the State Heritage.

3. The assignment and dispossession of property to the institution of the prison and training for employment, will be governed by Law 33/2003, of 3 November, retaining those its qualification and legal ownership originating and corresponding to the said the exercise of demanial powers, as well as surveillance, legal protection, defence, administration, conservation, maintenance and other actions requiring the correct use and use thereof.

4. The updated inventory and subsequent amendments shall be sent annually to the General Directorate of the State Heritage of the Ministry of Finance and Public Administrations for its entry into the General Inventory of Goods and Rights of the Status.

Article 13. Budgetary regime.

1. The institution Labour Prison and Training for Employment will produce its preliminary draft budget annually and forward it to the Ministry of the Interior, for further processing in accordance with the provisions of Law 47/2003 of 26 November, General Budget.

2. The structure of its budget shall be that corresponding to the operating and capital budgets of the entities that are part of the administrative public sector.

Article 14. Accounting.

The Penitentiary and Training for Employment entity will be submitted to the General Plan of Public Accounting with the adaptation established by the General Intervention of the State Administration for Public Entes, whose expenditure budget is estimated in character.

Article 15. Economic-financial control.

Without prejudice to the audit powers attributed to the Court of Auditors, the institution Working Prison and Training for Employment shall be subject to the permanent financial control and public audit provided for in the Law. 47/2003, of 26 November, General Budget.

The permanent financial control shall be carried out, in the terms established by the General Budget Law, by the General Intervention of the State Administration through the Delegated Intervention of the entity.

Article 16. Recruitment scheme.

1. The regime for the hiring of Prison and Training for Employment is the one provided for in the Recast Text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, as the contracting authority of the Public Administration.

2. Prison Work and Training for Employment has the status of its own and technical service of the General Administration of the State, as well as of the agencies, entities and entities of the State public sector, are of a public legal nature or private, linked or dependent on that, in the terms of the recast text of the Public Sector Contracts Act.

3. The entity, as a means of its own and technical service of the General Administration of the State, as well as of the entities, entities and entities of the State public sector, are of a public or private legal nature, linked or dependent on that, In accordance with its aims, it will be obliged to accept the management arrangements made by them. These management tasks shall be those laid down or, where appropriate, authorized by the General Secretariat of Penitentiary Institutions, as the entity's management body, with powers to set the conditions and rates corresponding.

4. The relations of Penitentiary Work and Training for Employment with the contracting authorities of which are means of own instruments and technical services, have instrumental and non-contractual nature, articulating through management of those provided for in Article 24.6 of the Recast Text of the Law on Public Sector Contracts, so that, for all purposes, they are internal, dependent and subordinate.

The mandatory actions to be entrusted to the Prison Work and Training for Employment, will be defined, depending on the cases, in projects, memories or other technical documents and valued in their corresponding budget, in accordance with the rates set by the General Secretariat of Penitentiary Institutions.

Before formulating the order, the competent bodies shall approve these documents and carry out the necessary technical, legal, budgetary and control procedures and approval of the expenditure.

The communication made by these contracting authorities by commissioning a performance to the entity will be the order to start it.

5. It shall not participate in the procedures for the award of contracts convened by the contracting authorities of which it is its own. However, where no tenderer is present, the performance of the activity under public tender may be entrusted to this entity.

In the event that the execution of works, the manufacture of movable property or the provision of services by the entity is carried out with the collaboration of private entrepreneurs, the amount of the part of the benefit in charge of These shall be less than 50% of the total project, supply or service amount.

The amount of works, works, projects, studies and supplies performed by the entity will be determined by applying the corresponding rates to the units. Such tariffs shall be calculated in such a way as to represent the actual costs of implementation and their application to the units produced shall serve as proof of the investment or of the services carried out.

The elaboration and approval of the tariffs will be carried out by the General Secretariat of Penitentiary Institutions, in accordance with the procedure laid down in the regulations.

Article 17. Staff scheme.

The Director-Manager of the Penitentiary and Training for Employment entity will have the consideration of managerial staff. For such purposes, it shall be appointed and terminated in accordance with Article 9.

The staff of the Penitentiary and Training for Employment Entity will be official or labor, on the same terms as those established for the General Administration of the State.

Article 18. Legal assistance.

The legal assistance of the Penitentiary and Training for Employment entity consisting of legal advice and representation and defense in judgment, may be entrusted to the State Attorneys integrated in the Legal Service of the State, by means of the formalization of the appropriate agreement, in the terms provided for in Article 14 of the Regulation of the State Legal Service, approved by Royal Decree 997/2003, of July 25.