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Order Ess/1/2012, Of 5 January, Which Regulates The Collective Management Of Procurement At Origin For 2012.

Original Language Title: Orden ESS/1/2012, de 5 de enero, por la que se regula la gestión colectiva de contrataciones en origen para 2012.

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TEXT

The Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration, in Article 39, empowers the current Ministry of Employment and Social Security to approve, according to national employment situation, an annual forecast of the occupations and, where appropriate, of the expected numbers of jobs which may be covered by the collective management of hiring at source in a given period, to which they will only have access to foreign workers who are not found or resident in Spain. It also enables you to establish a number of employment search visas for children or grandchildren of Spanish of origin or certain occupations.

For its part, the Regulation of the Organic Law 4/2000, approved by Royal Decree 557/2011 of 20 April, establishes in its article 169.3 the possibility that the Ministerial Order to approve the collective management of hiring in In the case of the case-law of the Commission, the Commission has taken into account the nature of the procedure laid down in Article 1 (1) of the Treaty. Finally, the same precept provides that, in the attention of the national employment situation, no number of jobs will be established to cover or delimit occupational occupations in relation to stable hiring, and an Order may be issued. of the holder of the current Ministry of Employment and Social Security exclusively aimed at establishing the particularities of the procedure for hiring seasonal workers or for work or service.

On the basis of the regulations mentioned above, the current Ministry of Employment and Social Security, following consultations with the Autonomous Communities and once received the information from the State Employment Service on the national employment situation, it has been considered appropriate not to approve hiring of jobs of a stable nature in this Order.

In the light of these consultations and information received, the granting of visas for the search for employment, aimed at children and grandchildren of Spanish of origin or limited to certain occupations, is also not foreseen.

On the contrary, the current Ministry of Employment and Social Security, taking into account the national employment situation through the information provided by the State Employment Public Service and the respective proposals of the Autonomous Communities, after consultation of the Tripartite Employment Committee of Immigration, considers it appropriate to approve this Order which regulates the particularities of the procedure for hiring seasonal workers or for work or service in the collective management of hiring at the origin of foreign workers Community for 2012.

In the elaboration of this Order, the Interministerial Committee for Foreign Affairs has issued a report in accordance with the provisions of Article 168.2 of the Regulations of Organic Law 4/2000 and the Final Disposition of the Royal Decree 557/2011 of 20 April and in accordance with Article 3 (c) of Royal Decree 1946/2000 of 1 December 2000 on the composition and functioning of the Interministerial Committee for Foreign Affairs.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Characteristics of the job vacancies.

1. Job vacancies submitted by employers may be directed to the hiring of workers for the development of activities of a temporary nature.

In general terms, job vacancies will be formulated in a generic way. Without prejudice to this, it may be possible to submit offers of employment of a nominative character relating to a particular foreign worker in the terms set out in this Order.

2. Temporary employment offers may be made in relation to the following activities:

(a) A season or a campaign of ordinary management, with a maximum duration of nine months within a period of twelve consecutive months. For activities in the agricultural sector, such management may, where appropriate, be unified or concatenated.

(b) Work or service, the duration of which does not exceed one year, for the assembly of industrial or electrical plants, construction of infrastructure, buildings and networks of railways and gas, electrical and telephone supplies, facilities and maintenance of productive equipment, as well as its commissioning and repairs, among others.

Workers who obtain a residence and work authorization must return to their country after the end of the employment relationship, in compliance with the provisions of Article 99.2 of the Regulations of Organic Law 4/2000, of 11 January, approved by Royal Decree 557/2011 of 20 April.

3. Job vacancies, both generic and nominative, must contain a minimum number of ten jobs. Applications may be submitted which, together with tenders from two or more employers, add up to that number. The Directorate-General for Migration may, exceptionally, authorise the management of tenders containing a minimum number of five jobs.

The positions included within the same job offer must meet homogeneous characteristics so as to allow for their accumulated processing.

Article 2. Legitimate subjects to apply for job offer management.

They will be entitled to request the management of job offers under this Order by employers who wish to hire foreign workers who are not resident in Spain. For such purposes, employers may submit the relevant applications themselves or through the business organisations, upon their appointment by means of the Annex I document.

Article 3. Guarantees for workers.

For the purposes of being authorized for the hiring of foreign workers on the basis of this Order, employers must ensure that they are subject to the following conditions:

1. In relation to any offer of employment submitted, it must be ensured:

a) The continued activity during the validity of the requested authorization.

In the case of offers of temporary employment in the agricultural sector, the activity of not less than 75% of the usual working time in the sector will be considered continuous, so the number of days and/or hours of work listed it will correspond to this minimum limit.

Compliance with the warranty by the employer may be subject to verification by the Administration for the entire duration of the authorization, if any, granted.

b) Compliance with working conditions.

The contract of employment to be signed must contain the same conditions contained in the offer of employment of which the authorization of residence and work brings cause. This contract, with the conditions referred to, will be the one that the employer will enroll in the Public Service of competent employment and with respect to the one that will produce the worker in Social Security, in compliance with article 38.4 of the Organic Law 4/2000.

The employer must also comply with all the clauses contained in the employment contracts signed with the workers.

2. In addition, it must be ensured:

(a) The provision of a suitable accommodation worker who fulfils the conditions laid down in the legislation in force, and the proper dignity and hygiene of the accommodation must be ensured in any event.

b) The organization of the arrival trips to Spain and back to the country of origin. In relation to this, the employer shall assume at least the cost of the first of such trips and the costs of moving back and forth between the place of entry to Spain and the place of accommodation.

c) Diligent action in order to ensure the return of workers to their country of origin after the employment relationship has been completed.

Article 4. Causes of refusal of job offer management.

1. Applications for the management of job vacancies submitted under this Order may be resolved unfavourably in the event that the employer has incurred any of the following circumstances in the three years immediately. prior to the submission of the application:

(a) Failure to comply with any of the guarantees provided for in Article 3 of this Order, provided that it is enforceable in accordance with the regulatory standard of the Annual Quota of Foreign Workers or of Management The contract of origin of the contract of employment in relation to which the guarantee was not fulfilled.

The determination of the breach of the guarantee relating to compliance with the working conditions laid down in the contract shall be the responsibility of the competent labour or judicial authorities.

b) The business withdrawal after the date when the Directorate General of Migration authorized the selective process in the country of origin, without sufficient cause for it to justify it. Similarly, it will be a cause of refusal that the employer does not hire the foreign worker once the residence and work authorization has been granted.

2. On the other hand, if any of the circumstances provided for in the previous paragraph are met in respect of offers of employment submitted under this Order, this may be the cause of the refusal of subsequent requests for the management of tenders, submitted within three years immediately after the date of submission of the application for the occurrence of the event.

3. The content of this provision shall be without prejudice to the possible concurrence of any or all of the infringements provided for in Title III of the Organic Law 4/2000 of 11 January.

Article 5. Submission of applications and processing authority for applications for the management of generic job offers.

1. Applications for the management of generic job offers shall be submitted to the Office of Foreign Office of the province where the work is to be carried out, which shall be the body responsible for processing the procedure.

In the case of applications for the management of temporary job offers to attend to campaigns concatenated with development in different provinces, the Office of Foreign Office competent will be that of the province where the activity.

2. In any case, applications shall be submitted at least three months in advance at the beginning of the work. In both cases, in advance of the date of commencement of the employment relationship, no more than six months before the date of commencement of the employment relationship. Without prejudice to the foregoing, the Office of Foreign Office responsible for processing may, where it considers it justified, allow applications submitted in advance of less than that laid down in this paragraph to be processed.

The submission of applications outside the time limits set out above may be a cause of inadmission to the proceedings, without prejudice to the possible application of the provisions of the fourth provision of the Organic Law 4/2000, of January 11.

3. In any case, an offer of employment will be submitted for each employer, occupation and province.

Article 6. Documentation to be submitted next to the application for a generic job offer.

1. The request for the management of tenders shall be made in the official model set out in Annex III A to which the offer of employment in the model Annex III B shall be accompanied.

2. Tenders shall accurately describe the working conditions offered, without being able to be replaced by generic references to the collective agreement or to other labour standards.

3. The application shall be accompanied by the following documentation:

a) The tax identification card of the employer or employers.

b) Supporting documentation that the employer has sufficient financial, material or personal means for its business project and to deal with the obligations of the contract.

(c) Accredited documentation shall be provided that the Public Service of competent Employment has previously dealt with the tenders in order to ensure that workers residing in Spain are eligible for coverage.

This documentation should result in insufficient adequate and available workers for the coverage of the posts.

When the activity is to be carried out in different provinces, documentation will be presented to demonstrate the extremes foreseen in this section in relation to all affected territories.

(d) In the case of offers which, under the same national occupation code, CNO, include jobs of different categories involving different working conditions, such as salary, working time, hours or others, together with the corresponding employment offer model, a relationship shall be provided with the breakdown of the different categories of posts, their number and the implementation of the different working conditions of application to each of them.

4. In the event that the applicant proposes to carry out training activities in the country of origin as part of the selective process, he must state this in the application model, which will also be accompanied by a the duration and content of such training, in order to coordinate them with the processes of pre-selection and selection of workers.

The Directorate-General for Migration will encourage the development of training courses aimed at ensuring a better integration of workers into the new working environment.

Article 7. Processing of applications for the management of a generic job offer.

1. The application for the management of a generic job offer shall be submitted by the competent body for processing of the job:

(a) That the conditions laid down in the offer are those established by the regulations in force for the same activity, category and territorial scope.

b) That employers do not have tax or social security debts.

c) That the offer dealt with by the Public Employment Service is fully in line with that of the application submitted.

2. Without prejudice to its possible admission to the proceedings of any of the causes normally established for the purpose, the management of the offer shall be refused not to appreciate the fulfilment of the requirements for which the ex officio verification is provided for in the the previous paragraph or any other cause of refusal of a temporary residence permit and work for an employed person.

3. Applications which have been favourably assessed by the Office of Foreign Affairs shall be forwarded to the Directorate-General for Migration no later than five days after the complete submission of the required documentation.

Article 8. Selection of workers abroad.

1. The Directorate-General for Migration, after assessment of the dossier and through the Diplomatic Mission or Consular Office, shall forward the tenders within five days to the body responsible for pre-selection in the country concerned and shall agree with their competent authorities and the applicant, the date, the place and the methodology for the selection of the workers.

When deemed appropriate, on a proposal from the requesting employer or business organisation, the selection may be performed in a non-face-to-face manner, through the analysis of the workers ' curricula and/or through interviews conference call or video. In such cases, the use of the format of CV Europass CV, approved by Decision 2241/2004/EC of the European Parliament and of the Council of the European Union of 15 December 2004, shall be promoted.

2. The offers will preferably be oriented to the countries with which Spain has signed agreements on the regulation and management of migratory flows: Colombia, Ecuador, Morocco, Mauritania, Ukraine and the Dominican Republic; or, subsidiary, Cooperation instruments in this field: The Gambia, Guinea, Guinea-Bissau, Cape Verde, Senegal, Mali, Niger, Mexico, El Salvador, the Philippines, Honduras, Paraguay and Argentina, or with which they subscribe, if necessary, in the period of validity of the Order.

In order to facilitate the availability of workers who conform to the professional profile of occupations required by the labour market, the Directorate-General for Migration will maintain information relations and cooperation with the competent authorities of the countries with which there are agreements on the regulation and coordination of migratory flows, and, in the framework of the partnership established in these agreements, will promote the creation in the countries of origin of job-seekers ' databases that simplify the performance and improve the quality of the job selective processes.

The Directorate-General for Migration may authorise tenders to be directed to other countries where it is not possible to obtain, in those, suitable candidates, or other circumstances that warrant it. In such cases, the Directorate-General for Migration shall establish the most appropriate procedures for carrying out the selective processes, ensuring the application of the principles of equal opportunities, non-discrimination and free of charge. participation of workers in the selection process.

3. In accordance with the terms of the selection, the Directorate-General for Migration shall authorise the conduct of the selective process in the country of origin and shall notify the applicant organisations or employers, the affected foreign offices, the Diplomatic Mission or Consular Office and the Spanish Directorate General for Foreign Affairs, Consular and Migration Affairs.

4. The selection shall be carried out by the Selection Board, which shall be composed of representatives of the Directorate-General for Migration and/or the relevant Diplomatic Mission, by the competent bodies in the country of origin and, at the choice of the employer, by their representatives directly or by business organisations. The participation of the offering employers shall be compulsory where the volume of the offer or the professional profile requested makes it necessary, as well as when practical tests are to be carried out on the workers.

5. Where the representative in the process of selection of workers is different from the business legal representative, he shall be accredited by the duplicate presentation of the model established as Annex II, sealed by the the administrative body to which the application for the management of the job offer was submitted.

6. The participation of workers at any stage of the selection process will be free. The members of the Selection Committee shall ensure that the selection is developed in accordance with the principles of equal opportunities, non-discrimination and transparency, making it easier for all candidates to know the conditions of the offer accurately. of employment and the geographical and occupation scope of the relevant work authorisation.

7. The selection procedure shall be drawn up and signed by the Selection Commission, which shall include the nominal ratio of the persons selected. The data identifying the same shall be collected in a document in the format set out in Annex IV to this Order, which shall be transmitted by telematic means and within 24 hours from the signing of the minutes to the Directorate-General for Migrations.

Article 9. Procedure concerning authorisations of temporary residence and work resulting from the management of generic job vacancies.

1. The Directorate-General for Migration shall transfer the list of selected workers to the Office of Foreign Office responsible for the issue of the fees for the fees for the processing of the authorization of the temporary residence and work.

2. Having verified the payment of these fees, the Directorate General of Migration will immediately move the list of selected workers to the Commissioner General of Foreign Affairs and Borders of the Directorate General of the Police to report on the possible concurrency of grounds for refusal of the authorisation provided for by the applicable rules and assign, where appropriate, the number of foreign nationals, NIE, to each worker.

Also, the Directorate General of Migration will request a report from the Central Register of Penados.

3. The General Commissioner for Foreign Affairs and Borders will return to the Directorate-General for Migration, within two working days, the relationship of the workers with the assigned NIE. Exceptionally and when the high number of workers makes it essential, this period may be extended to five working days.

The Central Penalty Registry will issue its report in the same time.

4. The Directorate-General for Migration shall forward the outcome of the reports to the competent body to decide on the authorisation of temporary residence and work, indicating the geographical scope, the occupation and the duration of the work.

5. Without prejudice to the final geographical area of destination requested by the employer, the Directorate-General for Migration may authorise the worker to temporarily give his work in a different field, for a period of time when his/her work is justified. need for the worker's job integration process in the company.

6. The resolution shall be notified immediately to the requesting organisation or employer and to the relevant Government delegations or sub-delegations in the geographical area of the authorisation. Copies of the resolution shall also be sent to the Directorate-General for Migration, to be communicated by the relevant diplomatic mission or consular post and the Spanish Directorate-General for Foreign Affairs, Consular and Migration Affairs.

7. Received notification of the grant decision, the employer, the business organisation or its accredited representatives shall submit to the competent diplomatic mission and consular office the visa applications of all the workers in a joint manner. To do so, they must obtain from the workers the signature of the following documents:

a) The contracts, completed in the model approved by the State Employment Public Service.

b) The document published as Annex V of this Order.

c) The return commitment in the document published as Annex VI.

Article 10. Unified management procedure for season or campaign offerings.

1. In the case of temporary employment offers submitted by a business organisation, employers may confer on that organisation the power to have all the tenders submitted, where there are reasons, in their name. the number of employees who advise and with the aim of simplifying the procedure.

2. The unified management procedure shall be in accordance with the provisions for the processing and resolution of temporary job vacancies managed by the ordinary procedure, with the following specialties:

(a) The application for the management of temporary job vacancies shall be made in the model set out in Annex III.A, to which a single job offer is to be accompanied in the name of the business organisation, formalised in the model annex III.B, as well as the relationship of represented employers, in which will consist of the adherence of each and every one of them to the conditions contained in the offer. Similarly, the number of workers whose recruitment is required by each undertaking shall be specified in the model set out in Annex I.

(b) The documentation provided for in Article 6.3 of this Order shall be attached to the application. The certification issued by the Public Employment Service on the prior processing of the offer shall be carried out in a comprehensive manner by the total of the positions offered by the employers.

c) It will be verified that all the employers represented are aware of their tax and social security obligations, as well as that they meet the rest of the requirements required by the regulations in force for the hiring of foreign workers.

(d) Workers shall be selected in a single selective process at source, the result of which shall be a single selection report.

e) The Directorate-General for Migration will distribute the workers included in the selection act among the applicant employers, through an automated IT process.

(f) The Delegation or Subdelegation of the competent Government shall issue a residence permit resolution and work for each of the employers included in the job offer management application.

Article 11. Concatenated agricultural campaigns.

1. A single application may be processed through a variety of temporary job offers for the development of activities in the agricultural sector where there is a plan for the concatenation of campaigns.

2. Applications for the management of job vacancies shall be submitted to the Office of Foreign Affairs of the province where the work is to be initiated, which shall be the body responsible for processing the procedure.

3. The employers will submit, together with the job offers, a plan of campaigns indicating the location and duration of the same, the plan of accommodation and maintenance of the workers during their stay in Spain and the agreement on the organisation and financing of the movement of workers from their entry into Spanish territory until their return to the country of origin.

Likewise, they will present the model determined as Annex III.B, duly completed, specifying if the workers will be subject to different salary conditions for being the activity to be made subject to different collective agreements.

4. Applications must be clearly identified which will be the employers for whom the workers will initially provide their services.

5. The costs which, if any, must be met by more than one employer shall be borne by each employer in proportion to the duration of the successive campaigns.

6. The Delegation or Subdelegation of the Government issuing a resolution granting an authorization of temporary residence and work in accordance with the provisions of this Article, for which it is authorized to carry out activities in different provinces, transmit copies thereof to the Directorate-General for Migration and to the Foreign Offices of the provinces affected by the geographical scope of the authorisation.

Article 12. Extension of temporary residence permits and work for work and service or seasonal and campaign activities.

1. Authorisations of temporary residence and work for work or service may be extended to continue with the development of the same work, service or activity, taking into account the provisions of Article 102.2 of the Regulation. of the Organic Law 4/2000, of January 11.

2. Temporary residence permits and work for seasonal or campaign activities may be extended when workers finish their relationship with employers who have contracted them for a period of less than nine months, provided that the when no interruption occurs between the completion of the first hiring and the start of the following.

This extension may be requested by the same or different employer, for the same or different geographical scope, but always referred to the same occupation. The period of validity, in addition to that of the authorisation for which the extension is requested, shall not exceed nine months. The costs of the transfer of the locality which, if any, are incurred must be borne by the employer who has requested the extension.

3. The application for an extension must be accompanied by the agreement of the worker and the model established as Annex III.D, completed, in the event that the salary conditions are different from those of the contract in respect of which the authorization whose extension is requested.

Article 13. Modification of temporary residence permits and work for seasonal and campaign activities.

The Delegation or Subdelegation of the Government which granted the residence permit and work for seasonal or campaign activities may authorise the change of employer for which the workers provide their services, to the application of a new employer and the conformity of the workers concerned, after assessment of the justification of the need for the change and of the new employer's compliance with the requirements which would have been required for it to was the initial applicant.

Article 14. Management of job offers of a nominative nature.

The management of nominee job offers may be requested in the following scenarios:

1. When the selection is made abroad by a company belonging to the same group or of the same ownership as the contracting company.

2. Where workers have been subject to an authorisation of temporary residence and prior work in Spain, granted in accordance with the procedure for collective management of hiring at source, and have been accredited to the consular authority Spain has returned to its country of origin and is not found or resident in Spain.

3. When so determined, by way of exception, the Directorate-General for Migration. For these purposes, the body before which the application for the management of the nomination for employment is submitted shall forward the application to the Directorate-General for Migration, together with the documentation provided for in paragraph 2 (c) of the Article 15 of this Order. The Directorate-General for Migration shall assess the circumstances alleged and shall authorise or refuse the processing of the application, which shall continue in the body before which it was lodged.

Article 15. Application models and documentation for the management of job offers of a nominative character.

1. Applications for the management of nominations shall be made in the model set out in Annex III.A to which the offer of employment is to be accompanied in the model set out

Annex III.C.

2. In addition to the documents which are generally specified in Article 6, the following documents shall be submitted together with the applications:

(a) In the case provided for in Article 14.1, the documentation certifying the membership of both companies to the same group of companies or their common ownership; the descriptive documentation of the business of both companies; as a statement on the gratuitousness of the process for workers.

(b) In the case of Article 14.2, the documentation certifying the return from abroad to their country of origin.

(c) In the case of Article 14.3, a report describing in detail the exceptional circumstances alleged on the provenance of making an offer of a nominative character, accompanied by the supporting documentation which consider appropriate, for assessment by the Directorate-General for Migration.

Article 16. Submission of applications and processing body for applications for the management of nominations for employment.

1. Applications shall be submitted and processed in accordance with Article 5 of this Order.

The processing shall not be initiated until the verification of the payment of the fees which, as the case may be, comes from, as set out in Order PRE/1803/2011 of 30 June, establishing the amount of the fees for processing administrative authorisations, visa applications and identity documents in the field of immigration and foreign affairs.

2. In any event, applications shall be submitted in accordance with the time limits laid down in Article 5.2 of this Order.

Article 17. Processing and resolution of applications for the management of nominations for employment.

1. The competent bodies shall process and resolve applications in accordance with this Order for the processing of generic job offers, except as provided for in the case of selective processing.

2. After verification of the requirements to be assessed in the file and in the event of a favourable effect, the Office of Foreign Affairs shall obtain the reports on the possible concurrence of grounds for refusal of the residence permit and work and request, the assignment, where appropriate, of the number of foreign identity to the workers.

Article 18. Visas and documentation

1. Not later than two months after notification of the decision granting the authorisation of temporary residence and work, and for the purposes of the application for a visa, the employer, the business organisation or the representatives duly accredited to the competent diplomatic mission or consular post, the application for the visa in a grouped form, after payment of the fees established for such processing and accompanied by the following documentation:

(a) Ordinary passport or travel title, recognized as valid in Spain, with a minimum term of four months.

(b) A certificate of criminal history, which must be issued by the authorities of the country of origin or of the country or countries in which he has resided for the last five years, in which he must not enter convictions for offences provided for in the Spanish order.

(c) A medical certificate in order to prove that it does not suffer from any of the diseases that may have serious public health impacts in accordance with the provisions of the International Health Regulations 2005.

d) The resolution to grant temporary residence and work authorization.

(e) Contracts and models established as Annex V, relating to workers included in the resolution, previously signed by both parties.

f) The return commitments signed by the workers.

2. The designation of representative for this procedure, where it is different from the legal representative of the employer or business organisation, shall be made in the document established as Annex VII, which shall be stamped by the Office of Foreign Affairs, the Directorate General of Migration, as well as the Department of Work and Immigration of the Diplomatic Mission concerned or, failing that, by the Consular Office.

3. The visa shall be issued within a maximum of five days. This period may exceptionally be extended to a maximum of 15 days when the high number of workers to document makes it essential. This will be, if necessary, communicated by the Spanish Directorate General for Foreign Affairs, Consular and Migration Affairs to the Directorate General for Migration.

4. Visas issued under this rule will refer to the Order of Collective Management of Contracts at Origin for 2012, by means of a code that will establish the Spanish Directorate General for Foreign Affairs, Consular and Migration Affairs and which will appear on the visa sticker.

In the case of authorisations of temporary residence and work relating to job vacancies for work or service activities, the foreign worker must be discharged in Social Security within one month from his/her Entry into Spain. In accordance with Article 25 (d) of the Organic Law 4/2000, the beginning of the validity of the authorization shall take place on the date on which the discharge occurs in Social Security.

In the case of temporary residence permits and work for seasonal or campaign activities, in accordance with Article 25a.e) of the Organic Law 4/2000, of January 11, the authorization will be incorporated into the visa, and its effectiveness will be conditional upon the entry of the worker in Spain during the period of validity of the latter. This, without prejudice to the obligation to discharge the worker in Social Security within one month of his entry into Spain.

In the event that access to Spain is made from a Schengen area Member State, the worker must be personified, in order to declare his entry, within three working days of that entry, in any of the Member States of the National Police Office or Foreign Office, as provided for in Title I of the Regulation of Organic Law 4/2000, of January 11.

5. Holders of an authorisation of temporary residence and work relating to an offer of employment for work or service activities where the duration of the authorisation is longer than six months must apply for the Identity of Foreign Minister within one month of entry or declaration of entry into Spain.

6. If the worker is not subject to the obligation to obtain the Foreign Identity Card, as a temporary residence permit and work for work or service activities of a duration equal to or less than six months or from a temporary residence permit and work for seasonal or campaign activities, the validity of the visa shall cover the entire period authorised to reside and work.

Article 19. Compliance with the return commitment.

1. The holders of the residence and work authorization, after the completion of the work provision, must return to their country immediately.

2. Within one month of the entry of the worker in your country, the worker must be in the Spanish diplomatic mission or consular post in order to prove that the commitment has been returned. The body to which the foreigner is to be made must immediately notify the Directorate-General of Migration of compliance with that undertaking.

Article 20. Coordination and monitoring.

1. The Tripartite Labour Commission of Immigration will be informed on a quarterly basis by the Directorate-General for Migration:

a) The authorized selection processes.

b) The number, occupation, and province of residence and work authorizations granted.

2. The Tripartite Immigration Commission will analyze the development of this Order on a quarterly basis, as well as the evolution of the factors that have had the highest impact on the determination of the hiring at source.

3. The Directorate-General for Migration shall establish the monitoring systems and the content and periodicity of the reports to be drawn up by the Government Delegations and Subdelegations for the monitoring and evaluation of the management carried out. under this Order.

4. The Government delegations and sub-delegations, in accordance with the instructions given by the Directorate General for Migration to the effect, will call on the provincial business and union representatives to appoint the organizations Member of the Tripartite Immigration Commission for the purpose of reporting the management carried out under this Order. This information shall be provided without prejudice to the information provided by the Public Employment Services in relation to the management covered by its competence.

Single additional disposition. Applicable legal regime.

The provisions of the Organic Law 4/2000 of 11 January 2000 and its Rules of Procedure, adopted by Royal Decree 557/2011 of 20 April 2011, will not apply to the provisions of this Order.

Final disposition first. Execution and development.

The competent body is hereby authorised for the subject matter of the present Ministry of Employment and Social Security to take the measures and to dictate the development instructions it deems necessary for the execution of this Order.

Final disposition second. Effective.

This Order shall enter into force on the day of its publication in the Official Gazette of the State and shall remain in force until 31 December 2012.

Madrid, January 5, 2012. -Minister of Employment and Social Security, Maria Fatima Banez García.

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