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Order Tin / 2931 / 2011, Of 27 Of October, By Which Is Distributed Territorially For Its Management By Them Communities Autonomous With Powers Assumed, Grants To Finance The Cost Attributable To The Exercise Economic Of 2011 Of The Measure Co...

Original Language Title: Orden TIN/2931/2011, de 27 de octubre, por la que se distribuyen territorialmente para su gestión por las comunidades autónomas con competencias asumidas, subvenciones para financiar el coste imputable al ejercicio económico de 2011 de la medida co...

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Article 15 of Royal Decree-Law 13/2010 of 3 December 2010 on actions in the field of taxation, labour and liberalising to encourage investment and job creation, in order to strengthen people's attention (a) to the extent that the employment situation in the labour market and the employment situation in the labour market is not the same as those of the labour market, and

the employment situation in the labour market is not the same.

This measure will apply throughout the territory of the State and its management will be carried out by the Autonomous Communities with statutory powers assumed in the field of work, employment and training and by the Service State Employment Public in the field of their respective competencies.

Article 18 of the Royal Decree-Law mentioned above states that the financing of this measure will be carried out from the budget of the State Employment Public Service, for which the credits that are required.

The Sectoral Conference on Employment and Labour Affairs, at its meeting on 24 January 2011, agreed on the objective criteria for the territorial distribution for the financial year 2011, of the appropriations allocated to the to finance the imputable cost to the extent of the recruitment of 1,500 persons as employment promoters for the strengthening of the Public Employment Services, in accordance with the terms laid down in Article 15 above.

Once the appropriate appropriation was made in the budget of the State Employment Public Service, the Council of Ministers, at its meeting of 23 September 2011, decided to formalise these criteria and their distribution for 2011, so the distribution of the quantities allocated to each Autonomous Community should be made.

Consequently, I have arranged:

Article 1. Object.

Give publicity to the objective criteria of the territorial distribution of the subsidies corresponding to the cost attributable to the economic year 2011, of the measure consisting of the hiring of 1,500 people as employment promoters to strengthen the Public Employment Services, set out in Article 15 of Royal Decree-Law 13/2010 of 3 December 2010, of actions in the field of taxation, labour and liberalising to encourage investment and the creation of employment, in the terms set out in Annex I to this Order, in which they also appear, amounts for each of the Autonomous Communities.

Article 2. Objectives.

The minimum objectives to be achieved with the implementation of this measure are set out for each Autonomous Community in Annex II-1.

The Autonomous Communities shall provide to the State Employment Public Service monthly, by the electronic means to be enabled for this purpose, the information concerning the fulfilment of the objectives mentioned in the paragraph above, with the content set out in Annex II-2. They shall also provide, for the extraction of data through the Public Employment Services Information System, information on results obtained from the content set out in Annexes II-3 and II-4, on a quarterly basis and year, respectively.

Article 3. Justification.

1. After the end of the financial year 2011, and no later than 31 March 2012, the Autonomous Communities shall send to the State Employment Public Service, a comprehensive statement of the commitment of appropriations, of the recognised obligations and of the payments made by the managed grants, funded from the State General Budget and regulated in this Order.

The implementation of the grants managed by the Autonomous Communities, such as commitments of credits, recognised obligations and payments made, in accordance with their implementing budget legislation, will be charged to the exercise for which such grants have been territorially distributed.

In addition, they will send a certificate of the number of persons promoting employment that they have contracted with the funds provided by this Order. The number of persons to be employed in each Autonomous Community, in application of the information provided at the Sectoral Conference on Employment and Labour Affairs of 24 January 2011, is set out in Annex II-1 (column "persons promoting employment"). '). This number is of a minimum, so each Autonomous Community may hire a higher number of persons promoting employment, although the amount allocated to finance this recruitment will not be increased.

2. The document setting out the economic and financial justification shall be in accordance with the model set out in Annex III, and shall be signed by the holder of the grant or grant management centre to which the financial controller or the financial controller shall, where appropriate, economic and financial responsibility. If the conformity is given by the economic and financial officer, because the management centre of the audit body carrying out the intervention function is not available, in the Annexes to this Order in which that conformity is to be inserted, it shall be the provisions of the Autonomous Community's rules of procedure, with reference to the official journal of its publication. Such supporting documents shall be accompanied by the computer media and other documentation, as appropriate, in the relevant Resolutions.

The document containing the justification for the number of persons promoting employment contracted with the funds distributed in this standard shall be in accordance with the model shown in Annex IV, and shall be signed by the competent body of each Autonomous community in personnel matters.

The Autonomous Communities which do not justify the recruitment of the number of persons promoting employment set out in Annex II-1 may not include in Annex III a total committed amount higher than the result of multiply the amount of EUR 35,000 per year by the number of persons who would have actually contracted to perform these duties, assuming that the maximum funding provided for in this measure from the budget State generals.

3. Since Law 38/2003 of 17 November, General of Grants, by express provision of Article 3.4.a), is applicable, to grants territorialized by this Order in favour of the Autonomous Communities, with management powers In the case of the State in which the State holds full legislative regulation, having regard also to the nature of the national employment funds, as referred to in Article 14 of Law 56/2003 of 16 December 2003, the Employment, and in accordance with the provisions of Article 28.1 of the said Law 38/2003 of 17 November, The Autonomous Communities shall complete the information requested in Annexes II-2, II-3, II-4, III and IV in time for the purpose of properly considering the grant of the grants granted, as the provision is necessary for the Public Employment Service for information on the management of active employment policies and their impact on the labour market at the state level.

In particular in Annex II-2, the need to report on the number of persons served included in the different collectives that are the subject of special attention is incorporated according to the provisions of Articles 2.6 and 3.3. of Royal Decree-Law 1/2011 of 11 February of urgent measures to promote the transition to stable employment and the retraining of unemployed persons. This shall be without prejudice to the provisions of the coordination protocol referred to in Article 3.2 of the said Royal Decree-Law.

In case of continued validity of this measure in post-2011 exercises, the State Employment Public Service will not proceed, in the financial year 2012, to the management of the Autonomous Communities of the managed grants. to finance the recruitment of persons promoting employment by territorialising for that financial year, as long as the Annexes referred to in the preceding paragraph have not been duly completed, to the Agency.

4. If this measure is maintained in post-2011 financial years, the remaining uncommitted funds resulting from the end of the financial year, which are held by the Autonomous Communities, will continue to maintain the specific to which they were transferred and will be used in the following financial year as a cash position at the origin as a remnant which will be discounted from the amount which, if any, is to be transferred to each Autonomous Community.

If the subsidy to which the remainder referred to in the preceding paragraph corresponds is abolished in the budget of the following financial year, it shall first be used to make the outstanding obligations payable to the end of the year immediately preceding and any remaining uncommitted will be reintegrated into the State Employment Public Service.

Article 4. Identification of the source of funding.

1. In the contracts of the persons promoting employment which each Autonomous Community carries out, it must be expressly stated, instead of visible, that it has been financed from the funds received from the State Employment Service. In the event of failure to comply with this obligation because contracts have been formalized prior to the publication of this order, the persons hired shall be notified in writing of the origin of the financing of their contract.

2. In addition, in all the dissemination activities carried out by each Autonomous Community of the various actions carried out by the person promoting employment, the mention of the funding received from the Public Service of the State Employment.

3. Failure to comply with these obligations will result in the initiation of the procedure laid down in Article 31 of the Royal Decree 887/2006 of 21 July, which approves the Regulation of Law 38/2003 of 17 November, General of Grants, and, in their case, the refund procedure laid down in Articles 41 et seq. of that Law.

Article 5. Effective equality between men and women.

According to the provisions of the Organic Law 3/2007 of 22 March, for the effective equality of women and men, the actions to be carried out in the measure referred to in this Order will have as one of their objectives to increase the participation of women in the labour market and to advance effective equality between women and men. To this end, the employability of women will be improved, enhancing their adaptability to the requirements of the labour market.

Single additional disposition. Declaration of reintegrating facts effective in the treasury of the Autonomous Communities, resulting from the management of State-funded grants.

Of the amount of commitment appropriations shall be reduced, where appropriate, by the reintegrals obtained by the Autonomous Community corresponding to the funds distributed in this Order, completed in the form indicated in the Annex hereto. III.

Single end disposition. Entry into force.

This Order shall enter into force on the day of its publication in the Official Gazette of the State.

Madrid, October 27, 2011. -Minister of Labor and Immigration, Valeriano Gómez Sánchez.

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