Royal Decree 122/2015, On 27 February, Which Approves The Statute Of The Public Law Entity Prison Labour And Employment Training.

Original Language Title: Real Decreto 122/2015, de 27 de febrero, por el que se aprueba el estatuto de la entidad de derecho público Trabajo Penitenciario y Formación para el Empleo.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-2115

Article 25 of the Spanish Constitution establishes that the custodial sentences must be directed to the rehabilitation and social reintegration, as well as those sentenced to imprisonment shall be entitled to paid employment and the corresponding Social Security benefits. To give compliance to said precept constitutional as well as to the law organic 1 / 1979, of 26 of September, General penance, is created the Agency autonomous work prison and training for the employment, whose object is the promotion, organization and control of the work productive and it training for the employment of them prisoners in them centers prison.

Law 22/2013, of 23 December, from the State budget for the year 2014, in its eighty seventh additional provision, establishes that, with effect from 1 January 2014 and indefinite duration, the autonomous body prison labour and employment training is transformed into a State entity governed by public law provided for in article 2.1. g) of law 47/2003 , of 26 of November, General budget. Also stipulates that within three months, the Government amended the Royal Decree 868/2005, of 15 July, which approves the Statute of the autonomous body prison labour and employment training, to adapt it to the provisions contained in such additional provision.

The Royal Decree contains a single article which approves the Statute of the entity, a transitional provision, repeal provision and four final provisions.

For its part, the Statute is integrated by 18 articles. The first four regulate nature, legal status, object, functions and related legislation. Them articles of the 5 to the 9 are dedicated to them bodies of address and functions of them same, the article 10 to the structure organic of the entity, the article 11 to them resources economic, them articles of the 12 to the 15 to the regime patrimonial, budgetary, of accounting and financial, the article 16 to the regime of recruitment, the 17 to the regime of personal and Finally, 18 to the legal assistance.

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

Commercial and administrative budget which for their operation had assigned the autonomous body, moving to a system of exploitation and capital, estimated character budget.

With regard to the recruitment, is governed by it arranged in the legislation of contracts of the sector public.

As regards control economic and financial that is holding the State entity of public law prison labour and employment training, establishes that, without prejudice to the powers of control conferred on the Court of Auditors, it shall be subject to permanent financial control and planned public audit on the General budget law.

Concerning them functions of the new entity, as the extinct body autonomous, is is, between others, it management of them stores and cafes existing in them establishments prison, the realization of activities industrial, commercial or similar and, general, few operations is related with the work prison or is you entrusted by them administrations public for the compliance of them purposes that you are own.

For the exercise of such functions, prison labour and employment training should continue consideration of half own instrumental and technical services of the General Administration of the State and the contracting authority dependent on it, being obliged to perform, what these assigned related purposes that are her own.

This will enable to maintain and increase the level of occupation of workers internally in workplaces, and contribute to the ultimate goal of sociolaboral insertion of the same.

By virtue, at the initiative of the Ministry of the Interior, on the proposal of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of February 27, 2015, HAVE: single article. Approval of the Statute.

Is approves the Statute of the entity state of law public work prison and formation for the employment, whose text is inserted then.

Sole transitional provision. Integration of the personal officer and labor.

The personal officer and labor to provide its services in the extinct autonomous body prison labour and employment training at the time of entry into force of this Royal Decree, will provide services for the new entity with the same rights and obligations in the autonomous body and the same legal regime.

The entry into force of this Royal Decree, shall be modification of the relationship of job to adapt to their general organization chart, prior approval from the Ministry of finance and public administration.

Sole repeal provision. Repeal legislation.

Repealed the Royal Decree 868/2005, of July 15, which is approves the Statute of the autonomous body prison labour and employment training, as well as how many provisions of equal or lower rank is contrary to the provisions of this Royal Decree.

First final provision. Schools of development.

The Minister of the Interior is authorized to issue, prior compliance with relevant legal procedures, the provisions that were specific to the development of this Royal Decree.

Second final provision. Adequacy of budgetary provisions.

By the Ministry of Hacienda and administrations public is made them modifications budget and ratings of credits that are precise for the compliance of it planned in this Royal Decree.

Available to finish third. No increase in staff expenditure.

In accordance with the provisions of the fourth twenty additional provision of law 36/2014, of 26 December, the State budget for the year 2015, this provision may not make net increase of staff in the service of the administration costs.

Fourth final provision. Entry into force.

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

Given in Madrid, on 27 February 2015.

PHILIP R.

The Minister of finance and public administration, CRISTOBAL MONTORO ROMERO STATUTE OF THE STATE BODY OF LAW PUBLIC PRISON LABOUR and EMPLOYMENT TRAINING article 1. Nature and legal regime.

1 prison labour and employment training is a State entity of public law provided for in the letter g) of paragraph 1 of article 2 of the Law 47/2003, of 26 November, General budget, with differentiated public legal personality, heritage and Treasury own, as well as autonomy of management and full legal capacity and work.

Within its sphere of competence, are the precise administrative powers for the fulfilment of its purposes, in the terms provided for in this Statute, unless the expropriation power.

2 is attached to the Ministry of the Interior, through the General Secretariat of penitentiary institutions.

It corresponds to the Ministry of the Interior strategic management, evaluation and control of results of its activity, through the General Secretariat of penitentiary institutions. Also deserves the effectiveness check, without prejudice to the powers conferred to the General intervention of the administration of the State in terms of evaluation and control of results of public agencies of the State public sector.

3. prison labour and employment training shall be governed by the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure; for the consolidated text of the law of contracts in the Public Sector, approved by Royal Legislative Decree 3/2011 on 14 November; by law 47/2003, of 26 November, General budget; by law 33/2003, 3 November, the heritage of the public administrations; by this Statute; and by other regulations applicable to this type of State entities, and supplementary shaped by law 6/1997, of 14 April, organization and functioning of the General Administration of the State.

Article 2. Object.

It entity work prison and training for the employment has by object it promotion, organization and control of the work productive and it training for the employment of them prisoners of them centers prison, as well as the collaboration permanent with the Secretariat General of institutions prison for it achievement of them purposes entrusted by the article 25 of the Constitution and it law organic 1 / 1979 , of 26 of September, General Penitentiary.

Article 3. Functions.

(Are functions of the entity: to) the Organization of the work productive prison and their timely compensation.

(b) the management of them stores and cafes existing in them establishments prison and centers of inclusion Social according to it planned in the article 299 and following of the regulation prison, approved by Royal Decree 190 / 1996, of 9 of February.


(c) the installation, extension, transformation, conservation and improvement of the workshops, prison farms, or premises and facilities necessary for the purpose of the entity, as well as services, works and acquisitions relating to exploitation, production or activity.

(d) the realization of industrial, commercial or similar activities and, in general, many operations are related to prison labour or assigned to it by public administrations, for the fulfilment of the purposes that are her own.

(e) training for the employment of inmates in prisons and social integration centres.

(f) the promotion of relations with institutions and organisations that facilitate the fulfilment of the purposes of the institution.

(g) the impulse and the coordination of few lines of activity is develop from the Administration prison in matter of preparation or accompaniment to the insertion socio-labour.

(h) the continued cooperation with the General Secretariat of penitentiary institutions or other institutions specialized for the management of penalties or measures alternative provided for in the criminal law.

Article 4. Regulations applicable to the work prison.

1. prison labour and training for employment remunerated work of prisoners in accordance with the normal performance of the activity, professional category and indeed fulfilled working hours.

2. the special employment relationship that is established between the prison labour and employment training institution and the inmates who develop an activity work in the workshops of the productive of the centres of the prison administration, as well as their Social security protection, shall be governed by provisions in the Royal Decree 782/2001 of 6 July, which regulates the employment of special status of the prisoners performing work in workshops prison and the protection of the Security Social of them subject to penalties of work in benefit of the community.

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

(1. the entity work prison and formation for the employment will have as maximum organ of address them following: to) the President.

(b) the Board of Directors).

(c) the Managing Director.

2 acts by the President and the Board of Directors, within the scope of their respective competencies, will put end to the administrative procedure.

Article 6. The President.

The President shall be the head of the General Secretariat of penitentiary institutions. (Corresponds to the President: to) approve the plans General's performance of the entity.

(b) convene and preside over the sessions of the Board of Directors.

(c) to exercise the powers which you as a contracting authority of the entity.

(d) sign conventions and enable the Executive Director to sign contracts and commitments of collaboration with external companies.

(e) approve the expenses, as well as order them payments that correspond to the expenses authorized.

(f) pay accounts annually to the Court of accounts, in accordance with the normative budget.

(g) exercise the other powers assigned to it, in accordance with the legal system.

Article 7. The Board of Directors.

1 the Board of Directors, which shall not exceed twelve members shall consist of the President and the following members: to) the General Deputy Director of treatment and prison management, correctional services, institutional relations and Territorial coordination, penalties and alternative measures, prison inspection, the General Secretariat of penitentiary institutions.

(b) a representative of the law of State of the Ministry of Interior, and the head of the budget Office of the mentioned Ministry.

(c) a representative of the Ministry of finance and public administration, appointed by the owner, with organic level of Deputy Director general.

(d) a representative of the Secretariat of State of employment of the Ministry of employment and safety Social, designated by its holder, with level organic of Deputy Director general.

(e) the Managing Director of the entity, that perform the functions of Secretary of the Council of administration, with voice and vote.

Assist, likewise, the sessions of the Board of Directors, with voice but without vote, a representative of the Executive intervention in the Ministry of the Interior.

2. in the case of vacancy, absence or illness of the Managing Director, Secretary to relapse in treatment and prison management Deputy General Director.

3 is the Chairman guide the deliberations of the Council, which shall meet at least twice a year.

4. in matters not provided for in this Statute, the operation 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. Responsibilities of the Board of Directors.

Powers of the Board of Directors will be: to) comply with and ensure compliance with the essential of the prison labour and training entity for employment purposes.

(b) approve the preliminary draft budgets, as well as the accounts of the entity.

(c) approve the plan of action of the Organization, in coordination with the General Secretariat of penitentiary institutions.

(d) determine annually the module remuneration of them internal that made work productive in those workshops prison.

(e) approve annually the inventory of goods and rights, both own as assigned, except those of character expendable.

(f) deliberate on those affairs that are normally of the competition of the Managing Director but that the President agreed to submit to the Council.

(g) propose few initiatives can contribute to the better performance of the entity work prison and training for the employment to the compliance of their purposes.

Article 9. The Managing Director.

1. the Managing Director, with the level organic of Deputy Director general, will be the organ responsible of the execution of the agreements of the Council of administration of the entity work prison and training for the employment. It will be official of a body or scale of the A1 subgroup of any of the public administrations, and will be appointed and ceased by the holder of the Ministry of the Interior, on the proposal of the head of the General Secretariat of penitentiary institutions.

For this purpose, it will attend means of pre-selection that ensures advertising and concurrency. The designation will be among the pre-selected and will serve the principles of merit and ability and suitability criteria.

2 the Managing Director will correspond to: to) the direction and management of jobs and commercial, industrial activities, and any other necessary for the operation of the entity, as well as the adoption of the provisions relating to the exploitation and production of workshops.

(b) the direction, momentum and management of training actions for employment and employability of inmates.

(c) economic and financial guidance, as well as the management of the property and rights of the patrimony of the entity and the updating of their inventory for their conservation, proper administration and legal defence. In particular the preparation of the draft annual budget of the entity, as well as the formulation of the annual accounts is up.

(d) the preparation of plans, programmes and objectives in coordination with the plan of action of the Secretariat General of institutions prison.

(e) the control technical and administrative of the services, facilities and workshops; to such effects, will formulate to them bodies of address of the entity them appropriate proposals in order to the compliance of them late that has entrusted.

(f) the communication with others agencies, entities and particular that have relationship with them late own of the entity, without prejudice of them functions of representation that correspond to the Secretariat General of institutions prison.

(g) exercise the functions which the regulations attributed to them, as well as how many Affairs, within the purposes, are entrusted to him.

(h) many other functions are entrusted to it by the President of the prison labour and employment training.

Article 10. Organizational structure.

1. the entity prison labour and employment training will have an organizational structure in accordance with the functions assigned in article 2, with direct reporting to the Managing Director.

2. in each of the prisons, there will be the figure of delegate of the entity prison labour and employment training, who will hold the head of the Directorate of the penitentiary. Its function will be the supervision of the activity that performs the entity at the penitentiary in coordination with the Managing Director.

Each prison will have staff that will run the programs and policies of the entity in the Center. Its dimensioning will be established on the ratio of jobs to be determined according to the volume of activity provided.

Article 11. Economic resources.

For the fulfilment of its purposes, and in accordance with the provisions of article 65.2 of the Act 6/1997, of 14 April, organization and functioning of the General Administration of the State, the entity will have the following resources: a) allocations that are annually disclosed his favor in the General State budget, and current transfers and capital coming from Governments or public entities.


(b) those goods and rights that constitute its heritage and them products and incomes of this and of them goods that have attached, or whose exploitation have attributed.

(c) the income of public or private law, which, in his case, appropriate you perceive and that occur as a result of its commercial and industrial activities.

(d) them grants, contributions voluntary, donations or legacies and other contributions that grant u grant to his favor others entities public and entities private or private.

(e) the assets of the estate of the State which can be ascribed to him.

(f) any other resources financial, ordinary or extraordinary, which may be attributed to him.

Article 12. Patrimonial regime.

1. the regime heritage of the entity work prison and training for the employment will be the established for them organisms public in the law 33 / 2003, of 3 November, of the heritage of the administrations public, and in provisions complementary.

2. for the compliance of its purposes, the entity may have, in addition to a heritage own different to the of the State, the formed by them goods and rights that is le signatory of the heritage of the State.

3. the secondment and deattachment of goods to prison labour and employment training entity, shall be governed by law 33/2003, 3 November, retaining those qualification and original legal ownership and corresponding to this entity the exercise of competences demaniales, as well as surveillance, legal protection, defence, administration, conservation, maintenance and other actions that require the proper use and use of the same.

4. the updated inventory and its subsequent amendments will be sent annually to the direction General of the heritage of the State of the Ministry of finance and public administration for its annotation in the general inventory of property and rights of the State.

Article 13. Budgetary regime.

1. the entity prison labour and employment training will annually prepare its preliminary draft budget and forward it to the Ministry of the Interior, for further processing in accordance with provisions in the Law 47/2003, of 26 November, General budget.

2. the structure of its budget will be the corresponding budgets of exploitation and capital of the entities that form part of the administrative public sector.

Article 14. Accounting.

The entity prison labour and employment training shall be subject to the General Plan of public accounting with adaptation established by the General intervention of the administration of the State for the public agencies whose spending budget is estimated.

Article 15. Economic and financial control.

Without prejudice to the powers of control conferred on the Court of Auditors, the entity prison labour and employment training shall be subject to the financial control and audit public envisaged in the Law 47/2003, of 26 November, General budget.

Permanent financial control will be handled in the terms established by General budgetary law, by the General intervention of the administration of the State through the associate intervention of the entity.

Article 16. Regime of hiring.

1. the hiring of prison labour and training for employment scheme is provided for in the text revised of the law of contracts from the Public Sector, approved by Royal Legislative Decree 3/2011, 14 November, as contracting authorities of the public administration.

2. work prison and training for the employment has the condition of half own and service technical of the Administration General of the State, as well as of them bodies, entities and entities of the sector public State, are of nature legal public or private, linked or dependent of that, in them terms of the text consolidated of the law of contracts of the Sector public.

3. the entity, as own means and technical services of the General Administration of the State, as well as the agencies, bodies and entities of the public sector, are of a legal nature, public or private, linked or dependent, in accordance with its purposes, shall be obliged to accept the management charges made by them. These management charges will be those established or, where appropriate, authorized by the General Secretariat of penitentiary institutions, as management body of secondment of the entity, with powers to set the conditions and rates.

4. the relations of work prison and training for the employment with them powers contracting of which are media own instrumental and services technical, have nature instrumental and not contractual, articulating is through parcels of management of them planned in the article 24.6 of the text consolidated of the law of contracts of the Sector public, by what, to all them effects they are domestic, dependent and subordinate.

Them performances mandatory that you are responsible to work prison and formation for the employment, will be defined, according to them cases, in projects, memories u others documents technical and valued in their corresponding budget, in accordance with the rates fixed by the Secretariat General of institutions prison.

Before making the order, the competent organs will approve these documents and will be mandatory procedures, legal, budgetary and technical control and expenditure approval.

Communication carried out by these contracting authorities requesting a performance to the entity, will result in order to get started.

5. do not you can participate in the procedures for awarding contracts convened by the contracting authority which is half own. However, when not concur no tenderer may order is to this entity the execution of the activity object of tender public.

In the course of 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 provision in charge of these shall be less than 50% of the total amount of the project, supply or service.

The amount of works, works, projects, studies and supplies made by the entity, shall be determined by applying to the executed units fees. Such fees shall be calculated so that they represent the real costs of realization and its application to the produced units will serve as proof of the investment or services performed.

The preparation and approval of the tariffs will be held by the General Secretariat of penitentiary institutions, in accordance with the procedure established by law.

Article 17. Regime personnel.

The Managing Director of prison labour and employment training entity, shall be considered for managerial staff. For this purpose, it will be appointed and ceased pursuant to article 9.

The staff of the prison work organization and training for employment will be official or labor, in the same terms as those laid down for the General Administration of the State.

Article 18. Legal assistance.

The legal assistance of the entity prison labour and employment training consisting of legal advice and representation and defense at trial, may entrust to the lawyers of the State integrated in the legal service of the State, through the formalization of the appropriate agreement, in the terms provided for in article 14 of the regulation of the law of State service, approved by Royal Decree 997/2003 , 25 July.