The Council of Ministers, by Royal Decree 196/2010 of 26 February, introduced measures to facilitate the reintegration of workers as well as the establishment of special aid for workers affected by the Regulation of employment 76/2000 of 8 March 2001 and 25/2001 of 31 July 2001.

This royal decree came to complete the measures provided for in Royal Decree 1010/2009 of 19 June, establishing measures to compensate for the decrease in the social security contribution of the workers whose employment contract was extinguished as a result of the employment regulation files 76/2000 of 8 March 2001 and 25/2001 of 31 July 2001.

This regulation derives from the Agreement of the Council of Ministers of 29 February 2008, which provided for the adoption of exceptional social measures in favour of workers affected by the employment regulation files. 76/2000 of 8 March 2001 and 25/2001 of 31 July 2001, and to that end, the Ministry of Labour and Social Affairs was entrusted with the coordination of the measures necessary for its implementation.

However, the measures set out in the legislation, after their approval, have been considered to be the collective of unemployed persons affected by the above mentioned job-regulation files, in a similar way to This is the case for the collective of persons employed, it also receives compensation for the reduction or loss of the contribution to the Social Security produced as a result of the loss of their jobs in application of the above mentioned Employment regulation files.

To this end, the Royal Decree 196/2010 of 26 February is amended, providing for additional aid to the aid provided for in the case for workers affected by the above mentioned job-regulation files, which are more (a) to the exclusive effects of financing the subscription of a special agreement with the Social Security for the loss of the level of contribution which such workers may have suffered as a result of the loss of employment.

In the process of drawing up this royal decree, the Autonomous Communities have been consulted and the Sectoral Employment and Labor Affairs Conference has been informed.

In its virtue, on the proposal of the Minister of Labour and Immigration, prior to the report of the Ministry of Economy and Finance and after deliberation of the Council of Ministers at its meeting of 16 December 2011,

DISPONGO:

Single item. Amendment of Royal Decree 196/2010 of 26 February establishing measures to facilitate the reintegration of workers and the establishment of special aid for workers affected by the case-law of the European Union. Employment 76/2000 of 8 March 2001 and 25/2001 of 31 July 2001.

One. Article 5 (2) and (3) are amended as follows:

" 2. The amount of the special grant shall be EUR 3 000 per year, with periods lower than the year.

In the case of workers who have not been able to be relocated within 24 months from the start of the receipt of this grant, the amount of the grant will be EUR 5,500 per year

With effect from 1 January of each year, beginning in the second year after the entry into force of this royal decree, the amounts established in the two preceding paragraphs will be updated at the same percentage as the amount of the Public Indicator of Multiple Effects (IPREM), with respect to that of the previous year.

The workers referred to in paragraph 1 above shall also be entitled to receive the additional amount set out in the following subparagraph to the exclusive effects of financing the subscription of a special agreement with Social Security for the loss of the level of contribution that such workers have been able to suffer as a result of job losses.

The amount of this additional amount may not exceed the amount corresponding to the contribution base of the Special Convention to subscribe in accordance with the provisions of Article 5.a (b).

3. The special grant, as well as the additional amount, shall be payable since the worker meets the requirements laid down for each case, by rolling back its effects up to the date of entry into force of this royal decree, and up to the immediate day before the person in which he or she meets the ordinary retirement age in accordance with Article 161.1.a) of the recast text of the General Law on Social Security, acquires the status of pensioner of permanent incapacity or retirement from advance form, in accordance with the applicable social security regulations, or concur any other cause, of those provided for in this royal decree, of extinction or suspension of this special grant. "

Two. A new Article 5a is incorporated, with the following wording:

" Article 5a Subscription of special agreement with the General Treasury of Social Security.

The workers referred to in Article 1.1, and who comply with the requirements laid down in Article 5.1, may conclude a special agreement with the General Treasury of Social Security, subject to the provisions of the Order TAS/2865/2003, of 13 October, which regulates the special convention in the Social Security System, with the following specialties:

(a) In the application for subscription of the special agreement, the condition of the affected by the employment regulation files 76/2000 or 25/2001 shall be recorded.

(b) The choice of the basis for listing the special agreement shall be made in such a way as not to exceed 85% of the average of the bases listed during the 12 months preceding the end of the work as a result of the referred to in Article 6 (2) of Regulation (EC) No 1224/2003 of the European Union and of the Council of the European Union, of the European Union and of the Council of the European Union, of the European Union and of the European Union. Where there is an obligation to list the beneficiaries of unemployment benefits, the contribution base shall not exceed the difference between the basis of the application of that percentage and the basis on which it is based, in each time, the State Employment Public Service to the General Treasury of Social Security.

(c) The decision of the General Treasury of Social Security on the provenance or failure to conclude the special agreement shall be in accordance with the provisions of Article 4.1 of Order TAS/2865/2003 of 13 October 2003.

The decision declaring the failure to subscribe to the special agreement for failure to comply with the requirements of Article 5.1 will be impossible to obtain the additional quantity provided for in the article. 5.2.

(d) The subscription of the special agreement shall be a requirement for the grant of the additional quantity referred to in Article 5.2, and shall allow the worker to apply for such an amount in accordance with Article 8.

e) The income of the quotas that will come from the worker who subscribes to the agreement. "

Three. Article 10 (1) is amended as follows:

" 1. The distribution of funds to be made to the autonomous communities with the responsibility for the management of active employment policies, as the managing bodies referred to in Article 7 of this royal decree, will take effect on through two annual accounts: the first, 80 percent of the estimated amount for each financial year in March, and the second, of the remaining 20 percent of the annual estimate, in the month of October. The estimate of the amount for each autonomous community shall be carried out on the basis of the number and characteristics of the workers concerned in the respective territorial area. The application for the clearance of the bookings shall be made by the person responsible for the autonomic management by writing, addressed to the Directorate-General of the State Employment Public Service, specifying the amount of funds for the grants for workers of 52 or more years as provided for in Article 5.

Each year, prior to the first of the bookings mentioned in the preceding paragraph, the State Public Employment Service shall forward to each Autonomous Community information of the persons who at 31 December of the previous financial year meet the requirements laid down in Article 5, for the purpose of estimating the number of potential beneficiaries and the estimate of the amount of subsidies regulated in this royal decree to be paid in the financial year. '

Four. Paragraph 2 of the third final provision is amended, which is worded as follows:

" 2. The right to recognition of the special grant referred to in Article 5 shall be in force for the following two years after the entry into force of this royal decree. However, once recognised, the application of the said grant shall be extended for the appropriate period of time as provided for in that Article.

The two-year period laid down in the preceding paragraph shall not apply to applications which they have cause in the regulation set out in Article 5 (7) or in the third transitional provision.

Likewise, the period of two years prior to the exclusive effects of the recognition of the right to the additional quantity regulated in Article 5.2 shall not be applicable either, which may be recognised during the period provided for in Article 5 (2). Article 5.3. "

Single additional disposition. Regulatory references.

The references made in Royal Decree 196/2010 of 26 February to the grant are understood to be made both to the special grant and to the additional amount set out in Article 5.2 of the grant.

Single transient arrangement. Effects of the special conventions.

Once the special convention referred to in Article 5a has been signed, it shall have effect from the day on which the fifties and two years of age are fulfilled, if the application for a subscription is submitted within 90 days of the date of entry into force of this royal decree or, if that age is to be met after that date, if the application is submitted within 90 days of the date on which the worker complies with that age. If the time limits laid down are not met, the agreement shall have effect from the day on which the application is lodged.

The applications for subscription made under this rule by workers who on 28 February 2010 already meet the requirements of Article 5.1 of Royal Decree 196/2010 of 26 February 2010 will have an effect from that date, provided that they are submitted within 90 days of the date of entry into force of this royal decree, or from the day of its filing, to be effected outside that period.

Final disposition first. Competence title.

This royal decree is dictated by the provisions of article 149.1.17. of the Spanish Constitution, which attributes to the State exclusive competence on the economic regime of Social Security.

Final disposition second. Development and execution faculties.

The head of the Ministry of Labor and Immigration is hereby authorized to make any provisions necessary for the implementation and development of the provisions of this royal decree.

Final disposition third. Entry into force.

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

Given in Madrid, 16 December 2011.

JOHN CARLOS R.

The Minister of Labor and Immigration,

VALERIAN GOMEZ SANCHEZ