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Order Tin/3434/2011, From December 12, That Amending The Order Of The Ministry Of Labour And Social Affairs On November 14, 2001, Which Regulates The Programme Of Workshop Schools And Houses Of Offices And Promotion Units And D...

Original Language Title: Orden TIN/3434/2011, de 12 de diciembre, por la que se modifican la Orden del Ministerio de Trabajo y Asuntos Sociales de 14 de noviembre de 2001, por la que se regulan el programa de Escuelas Taller y Casas de Oficios y las Unidades de Promoción y D...

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The Order of the Ministry of Labor and Social Affairs of November 14, 2001, which regulates the program of the Workshop and the Houses of Trades and the Units of Promotion and Development and establishes the regulatory bases of the granting of public subsidies to those programmes and the Order of the Ministry of Labour and Social Affairs of 14 November 2001, for which the Royal Decree 282/1999 of 22 February 1999 is being developed, establishing the Employment workshops, and the regulatory basis for the granting of public subsidies to the The programme also regulates the fate of public subsidies for such programmes and the amounts of such programmes. These grants include both the financing of the salary costs of the teaching staff and support for these projects, as well as the wage costs arising from the contracts which are concluded with the workers who are employed. participate in the same. In this case, it is established that INEM (currently the State Employment Public Service) will subsidise 75 per 100 of the minimum inter-professional salary annually established in the Schools Workshop and Crafts and 1.5 times the the minimum wage per year established in the Employment Workshops programme. Subsidies for wage costs arising from the recruitment of director, technicians and support staff of the Promotion and Development Units are also regulated.

Within the actions supported under these Ministerial Orders is included the realization in the cities of Ceuta and Melilla of projects promoted by organs of the General Administration of the State, In particular, through the Ministries of Public and Defense Administrations, beneficiaries of the grants established in these Orders and granted by the Public Service of State Employment through the corresponding calls. The workers employed in these public employment-training programmes are entitled to receive the compensation for residence in these cities which, in the case of the workers, added to the rest of the remuneration to be paid. wage costs which are far greater than the amount of the subsidies currently established, and therefore the total of the wage costs arising from the recruitment of unemployed workers is not covered. This situation can lead to the impossibility of developing the projects of the Workshop, the Houses of Trades and Employment Workshops, which generate an important volume of recruitment of unemployed workers and the improvement of their qualifications in a high unemployment in both cities. On the other hand, consideration should be given to the consideration of residence compensation in these cities as part of the eligible wage cost arising from the recruitment of non-pupil staff.

Therefore, it is considered necessary to amend the abovementioned orders in order to allow the inclusion of the eligible amount for the compensation for residence in the cities of Ceuta and Melilla, as well as in other territories in which the allowance for residence is applicable, in the field of actions carried out by organs of the State Administration in those cities and territories.

In its virtue, in accordance with the provisions of Article 17 of Law 38/2003, of 17 November, General of Grants, prior to the report of the State Advocate in the Department and the Delegation of the Intervention State General at the State Employment Public Service, I have:

Article 1. Amendment of the Order of the Ministry of Labour and Social Affairs of 14 November 2001, which regulates the programme of workshops and the houses of office and the promotion and development units and establishes the regulatory bases of the grant of public subsidies to such programmes.

A new fifth additional provision is included in the Order of the Ministry of Labour and Social Affairs of 14 November 2001, which regulates the programme of workshops and workshops and the promotion units. and Development and establishing the regulatory basis for the granting of public grants to such programmes, with the following content:

" Additional disposal fifth. Grant of the compensation for residence in the projects to be developed in the cities of Ceuta and Melilla and other territories by organs of the General Administration of the State.

1. In addition to the amounts set out in Article 16.1 (b), in the case of the Taller Schools and the Office of Official Publications, the amount of the salary costs arising from the contracts entered into with the students compensation for residence received by contract workers, provided that the contracting authority is obliged to pay, in the case of projects approved in the calls for grants to be awarded by the Service State Employment Public for the development of such projects by organs of the Administration General of the State in the cities of Ceuta and Melilla and in other territories in which the residence allowance is applicable

2. The salary costs eligible for the recruitment of teaching and support staff referred to in Article 16.1 (a) shall include the amount of the residence allowance paid by the contract workers, provided that the contracting authority is obliged to pay the fee. This shall apply in the case of wage costs arising from the hiring of the Director, technicians and support staff of the Promotion and Development Units provided for in Article 20.1.a. '

Article 2. Amendment of the Order of the Ministry of Labour and Social Affairs of 14 November 2001, for which the Royal Decree 282/1999 of 22 February 1999 is being developed, establishing the Programme of Workshops Employment, and the regulatory basis for the granting of public grants to such a programme is established.

An additional new provision is included in the Order of the Ministry of Labour and Social Affairs of 14 November 2001, for which the Royal Decree 282/1999 of 22 February 1999 is being developed. Programme of Employment Workshops, and establish the regulatory basis for the granting of public grants to this programme, with the following content:

" Additional provision fourth. Grant of the compensation for residence in the projects to be developed in the cities of Ceuta and Melilla and other territories by organs of the General Administration of the State.

1. In addition to the amounts laid down in Article 12 (1) (b), in the case of the employment workshops, the amount of the compensation shall be eligible for the salary costs arising from the contracts entered into with the workers. residence to be paid by contract workers, provided that the contracting authority is obliged to pay, in the case of projects approved in the calls for grants to be awarded by the Public Employment Service State for the development of such projects by organs of the General Administration of State in the cities of Ceuta and Melilla and in other territories in which the allowance for residence is applicable

2. The salary costs eligible for the recruitment of teaching and support staff referred to in Article 12 (1) (a) shall be understood as including the amount of the residence allowance paid by the contract workers, provided that the contracting authority is obliged to pay it. '

Single transient arrangement. Application regime.

The provisions of this provision shall apply to projects in operation or to be initiated as from the date of entry into force of this order. However, in projects completed before that date, the amount of the residence allowance to be paid by the contract workers shall be eligible as eligible costs, provided that the contracting authority is He was obliged to pay for his credit, referring to the hiring of teaching and support staff in the Workshop, the Houses of Trades and Employment Workshops, and the director, technicians and support staff of the Promotion and Development Units. In any event, the provisions of this order will be conditional on the existence of budgetary availabilities in the corresponding State Employment Public Service budgets.

Final disposition first. Competence title.

This order is dictated by the provisions of Article 149.71st of the Spanish Constitution, which attributes exclusive competence to the State in matters of labor law, without prejudice to its execution by the bodies of the Autonomous Communities.

Final disposition second. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, December 12, 2011. -Minister of Labor and Immigration, Valeriano Gómez Sánchez.