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The current situation of economic crisis has brought many people to unemployment, taking on this situation a particular seriousness in the case of the younger ones who, regardless of their level of professional qualification, We have high unemployment rates in our country. In this context, young people who, even having an accredited academic or professional background, lack work experience, are particularly difficult to insert into the labour market.
On the other hand, corporate social responsibility is becoming more and more important within the strategic plans of companies, not only as a tool to strengthen competitiveness, but also through stimulus. a good corporate governance of the same, which becomes an instrument of economic, social and environmental sustainability.
It is urgent and necessary to articulate measures that increase employment opportunities for this group, measures that must contribute to facilitating their access to the labour market, to the occupation and to the acquisition of working practice in a real environment. In this sense, it is a responsibility of the public authorities and the actors involved in the labour market, especially companies, to design and collaborate in the drive of actions that promote their employability.
Consequently, the government, aware of the special seriousness of youth unemployment in our labour market, and, in line with the reforms already undertaken to improve the competitiveness of the Spanish economy and improve the The functioning of the labour market, as well as the content incorporated in the good governance of corporate social responsibility, regulates in this royal decree a new measure which consists in the development of non-working practices by young people, with problems of employability, in the enterprises they have concluded previously agreements with the Public Employment Services.
These practices are linked to the professional practices in the companies referred to in Royal Decree 395/2007 of 23 March, which regulates the occupational training subsystem for employment, although the practice of the training As regards the present royal decree, they are the subject of a specific regulation given their particularities that derive from the priority objective of the same, that is, to seek the approach of the young people with qualifications but without professional experience in the world of work.
These practices will be developed by young people between 18 and 25 years of age, unemployed, with professional qualifications, whether in the field of education or work, but no or limited work experience, under management and supervision of a guardian, in the workplace of the company and will last between six and nine months. Prior to the agreement between the companies and the young people, where the practices will be described, the companies will have to have concluded an agreement with the Public Employment Services for the development of the same, through the which will present the non-work practice programme and the Public Employment Services will carry out the pre-selection of candidates. Also, by participation in the programme, young people will receive a grant of support and the completion of the practices will obtain a certificate.
Likewise, these persons will be applicable to the mechanisms of inclusion in the Social Security referred to in Royal Decree 1493/2011 of 24 October, in which the terms and conditions of inclusion in the General scheme for the social security of persons participating in training programmes, as provided for in the third provision of Law 27/2011 of 1 August on the updating, adaptation and modernisation of the Social Security System.
The non-work practice programme will be able to culminate in a recruitment of young people by the companies where they have been developed. In addition, contracts will be able to access support measures for recruitment, both in the field of vocational training for employment, and in the case of collaboration agreements with a commitment to employment, as in the programmes of incentives for employment. In this way the objective of the measure will be completed, that is, to achieve through the approach to the world of work through non-working practices that young people, with qualifications but with no or little experience, achieve their job insertion.
This royal decree has been submitted to the report of the Sectoral Conference on Employment and Labor Affairs, the General Council of the National Employment System, as well as the most representative business and trade union organizations, of the Council for the Promotion of the Social Economy and the most representative organisations of self-employed workers.
In its virtue, on the proposal of the Minister of Labour and Immigration and after deliberation of the Council of Ministers at its meeting of 28 October 2011,
DISPONGO:
Article 1. Object.
This royal decree regulates non-work practices in companies or business groups that formalize agreements with the Public Employment Services, aimed at young people who, due to their lack of work experience, have problems with employability.
Article 2. Definition.
1. Within the actions and measures of active employment policies referred to in Article 25 (1) (b) of Law 56/2003 of 16 December 2003 on employment, undertakings or business groups, in collaboration with the Services Public Employment, and in the context of corporate social responsibility, will be able to enter into agreements with young people, with no or very limited work experience, in order to carry out non-work practices in their work centres with the purpose of contributing to improve their employability and to offer them a first contact with the working reality approach to the same, while contributing to the completion of the training achieved by the young person.
2. Non-working practices in companies will in no case involve the existence of a working relationship between the company and the young person.
Article 3. Recipients of the non-working practices and content of the practices.
1. Non-working practices shall be aimed at unemployed young persons registered in the employment office, aged between 18 and 25 years, including a university official, professional training qualification, the average or higher degree, or degree of the same level as the latter, corresponding to the vocational, artistic or sports training, or a certificate of professionalism. In addition, they must not have had a working relationship or other type of professional experience exceeding three months in the same activity, not taking into account these effects the practices which form part of the curricula for obtaining the corresponding certificates or certificates.
The external academic, curricular and extracurricular practices of university students, which will be governed by their specific regulations, are excluded from the scope of this royal decree.
2. The practices will be developed in the workplace of the company or the business group, under the direction and supervision of a tutor and will last between three and nine months. To the end of non-working practices, companies, in collaboration with the Public Employment Services, must deliver to the persons who have made the same a certificate stating, at least, the practice carried out, the training content inherent in it, its duration and the period of implementation. The Public Employment Services of the Autonomous Communities and the State Employment Public Service shall take the necessary measures to ensure that these certificates are collected in the Public Employment Services Information System.
3. In the agreement signed by the company and the young person who will develop the non-working practices, at least the concrete content of the practice to be developed, the duration of the practice, the days and times for its realization, the (a) the establishment of the system of tutoring and certification to which the young person will be entitled to carry out the training. The company will inform the legal representation of the workers on the agreements of non-working practices signed with the young people. The company must also inform the competent Public Employment Services of the agreements signed on non-working practices.
4. Young participants will receive from the business or business groups in which they develop the practices a support grant whose value will be at least 80 percent of the monthly IPREM in force at any time.
5. The young people who participate in non-work practices, regulated in this royal decree, will apply to them the mechanisms of inclusion in the Social Security referred to in Royal Decree 1493/2011, of 24 October, for which regulate the terms and conditions of inclusion in the General System of Social Security of persons participating in training programmes, in development as provided for in the third provision of Law 27/2011 of 1 August, on the updating, adequacy and modernisation of the social security system.
6. In the framework of collective bargaining, criteria may be established for the implementation of procurement commitments to the completion of the relevant practices.
Article 4. Collaboration agreements for non-working practices.
1. Undertakings which are to develop non-working practices referred to in this Chapter, prior to the subscription of the agreement with the persons receiving them, shall conclude an agreement with the Public Employment Service responsible for reason for the territorial scope of the work centre where those will be developed. In the event that the development of non-working practices is carried out in companies with workplaces located in more than one Autonomous Community, the agreement will be signed with the State Employment Public Service, without prejudice to the The selection of young persons for the implementation of these practices, as well as the monitoring and monitoring of these practices, shall be the responsibility of the Public Employment Services responsible for the location of the work centres.
2. The agreement will include, among other things, a mention of the process of pre-selection of young people who are candidates for Public Employment Services. In any case, the final selection process of the people who will participate in the non-work practice program will be the responsibility of the company.
3. The agreements shall provide for the express control and monitoring of non-working practices to be carried out by the Public Employment Services in order to verify compliance with the established requirements and the objectives of the this measure, in particular, the contribution of practices to the improvement of employability.
4. The company shall submit to the Public Employment Services a programme of non-working practices where it shall include at least the content of the practices and the training which it shall accompany, the duration of the practices and the indication of the assessment and tutoring.
Article 5. Recruitment of young people doing non-work practices.
1. Young persons who have participated in or participate in the non-work practice program may be hired for completion, or during the development of the non-work practices, in any form of hiring, according to the regulations. at that time, or where appropriate, may be incorporated as a partner if the practices were carried out in cooperatives or in the workplace.
2. In addition, companies that develop these non-work practice programmes, as referred to in the previous article, may include in the collaboration agreement that they subscribe with the competent Public Employment Services, a specific section on the commitment to the recruitment of young people in accordance with the provisions of Royal Decree 395/2007 of 23 March 2007 on the system of vocational training for employment and developed by Article 21 of the Treaty on European Union Order TAS/718/2008, of 7 March, being able to give rise to a subsidy that compense expenses derivatives of the mentorship and assessment actions, in accordance with the provisions of Article 24 of the said Order.
3. Work contracts concluded with young people who subscribe following the participation of young people in the non-working practice programme may be accepted as an incentive for recruitment in the legislation in force in the Member States. the timing of the procurement, in accordance with the rules applicable to it in any event.
Final disposition first. Competence title.
This royal decree is issued under the jurisdiction of article 149.1.7. of the Constitution, which attributes exclusive competence to the State in matters of labor law.
Final disposition second. Enabling regulatory development.
The head of the Ministry of Labor and Immigration is authorized to dictate how many provisions are necessary for the development of this royal decree.
The head of the Directorate-General of the Public Service of State Employment, in the field of its powers, is also empowered to dictate how many resolutions are necessary for the implementation 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, on October 31, 2011.
JOHN CARLOS R.
The Minister of Labor and Immigration,
VALERIAN GOMEZ SANCHEZ
