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Royal Decree 801/2011 of 10 June, approving the Regulation of the procedures for the regulation of employment and administrative action in the field of collective transfers, establishes in its unique additional provision, "Statistical information", which according to the rules in force for the elaboration of the statistics of employment regulation, included in the National Statistical Plan, the labor authorities with competence in the field of (a) the procedures for the regulation of employment shall be sent to the Subdirectorate-General of Statistics of the Ministry of Labour and Immigration the individualized statistical data of each of the procedures for the regulation of employment, with the content to be established in the implementing and development provisions of the royal decree.
Likewise, the real decrees on the transfer of functions and services of the State Administration to the Autonomous Communities, in the field of work, establish that the Autonomous Communities will facilitate the administration of the Statistical information on the exercise of the transferred functions, following the existing methodology or the one that, if necessary, the State Administration establishes, in order to ensure its coordination and integration with the rest of the State-wide statistical information.
The aforementioned Royal Decree 801/2011, of 10 June, authorizes the holder of the Ministry of Labour and Immigration to dictate how many provisions are necessary for the application and development of what is established in the Ministry of Labour and Immigration. Among others, in relation to the determination of the form and content of the statistical information.
Consequently, pursuant to the authorization indicated, and with the prior approval of the Vice President of the Government of Territorial Policy and Minister of Territorial Policy and Public Administration, I have:
Article 1. Object.
Individual statistical data for each of the employment regulation procedures presented and/or resolved shall be submitted by the labour authorities with competence in that matter to the Subdirectorate General of Statistics of the Ministry of Labour and Immigration with the content set out in the Annex to this Order, in computer support, and in the format determined by that Subdirection.
Article 2. General rules on the completion of the statistical information contained in the Annex and deadlines.
The statistical data set out in the Annex for the employment regulation procedures presented and/or resolved by each province and month shall be forwarded.
The submission of the statistical data must be carried out monthly and in the first twenty days of the month following the date of the resolution of the procedure.
Single transient arrangement. Compatibility of previous statistical information.
Until the entry into force of this ministerial order, the Autonomous Communities will continue to provide the Ministry of Labour and Immigration's Deputy General Statistics Subdirectorate with the individualized information of the Regulation of employment submitted and/or resolved by them, in accordance with the provisions of the corresponding royal decrees on the transfer of functions and services of the State to each Autonomous Community in matters of regulatory matters employment.
Final disposition first. Competence title.
This order is dictated by the provisions of Article 149.1.7. of the Spanish Constitution, which attributes exclusive competence to the State in matters of labor law, without prejudice to its execution by the organs of the Autonomous Communities.
Final disposition second. Application and development powers.
The Technical Secretary General is empowered to dictate how many instructions are required for the application and development of this Order.
Final disposition third. Entry into force.
This Order shall enter into force on 1 January 2012.
Madrid, October 5, 2011. -Minister of Labor and Immigration, Valeriano Gómez Sánchez.
ANNEX
Statistical information to be submitted on employment regulation procedures presented and/or resolved for the employment regulation statistics
Company data:
1. No. of Fiscal Identification.
2. Name or social reason.
3. Social Security contribution account code.
4. Main activity of the company (CNAE Codes 2009 to double digits).
5. Company template.
6. Company age (in years).
Case data:
1. Case number.
2. Competent Labour Authority (Table 1).
3. Case result (Table 2).
4. Resolved by resource: 1-Si; 2-No.
5. Agreement between the parties: 1-Si; 2-No.
6. Alleged cause (Table 3).
7. Purpose (Table 4).
8 Social Plan: 1-Si; 2-No.
9. Measures to prevent or reduce the effects of the case (Table 5.1).
10. Measures to mitigate the consequences of the extinction of the employment relationship (Table 5.2).
11. Rent plans: 1-Si; 2-No.
12. Minimum age to enter the Plan.
13. Age at the end of the incentivized PlanBajas (indemnities above the legal minimum: 1-Si; 2-No.
15. Number of days of compensation per year worked.
16. Legal indemnity: 1-Si; 2-No.
17. Presentation Date (Year/Month/Day).
18. Start Date (Year/Month/Day).
19. Date of resolution or withdrawal (Year/Month/Day).
Workers ' data:
For each of the affected provinces, you will report:
1. Province (Table 6).
2. Number of workers for whom contract termination is authorized (in the case of files not authorized, withdrawn or filed, the number of workers for whom the extinction is requested to be completed).
2.1 Varons.
2.2 Women.
3. Number of workers for whom the contract suspension is authorized (in the case of files not authorized, withdrawn or archived, the number of workers for whom suspension is requested will be completed).
3.1 Varons.
3.2 Women.
4. Average suspend time in days/worker for which contract suspension is authorized.
5. Number of workers for whom the reduction of working time is authorized (in the case of files not authorized, abandoned or archived, the number of workers for whom the reduction of working time is requested will be completed).
5.1 Varons.
5.2 Women.
6. Percentage reduction of (10%-70%) (regardless of the day: daily, weekly, monthly, annual).
7. Number of days of reduction of working time/day for which the reduction of working hours is authorized.
Tables to use in the employment regulation statistical information
Table 1. Competent labour authority in the resolution of the file
1. Directorate-General for Work of the Ministry of Labour and Immigration.
7. Delegate/Subdelegation of the CCAA Government or Cities of Ceuta and Melilla.
8. Autonomous Community Labour Authority.
9. CCAA Provincial Authority.
Table 2. Case Result
1. Authorized.
2. Not authorized.
3. Desisted or archived.
Table 3. Alleged cause
01. Lack of productivity.
02. Current or expected losses.
03. Competitive situation.
04. Cash or cash problems.
05. Ruins or building works.
06. Demand or consumption constraint.
07. Contract termination (subcontractors).
08. Lack of raw material.
09. Force majeure.
10. Implementation of economic measures.
12. Techniques and/or technology.
13. Organizational.
14. Production.
15. Other.
16. Decrease in income level.
Table 4. Purpose
1. Total extinction of the template.
2. Suspension of contracts.
3. Partial extinction of the template.
4. Reduction of working hours.
Table 5.1 Measures to avoid or reduce the effects of the case
01. Internal Recolocation.
02. Functional mobility.
03. Geographical mobility.
04. Substantial changes to working conditions.
05. Training to continue in the company.
06. Other measures to reduce the number of workers affected.
Table 5.2 Measures to mitigate the consequences of the extinction of the employment relationship
07. External Recolocation.
08. Training to increase employability.
09. Promotion of self-employment.
10. Compensatory measures for expenditure arising from geographical mobility.
11. Compensatory measures for wage differences with new employment.
Table 6. Provincial codes
01. Araba/Alava.
02. Albacete.
03. Alicante.
04. Almeria.
05. Avila.
06. Badajoz.
07. Baleares (Illes).
08. Barcelona.
09. Burgos.
10. Caceres.
11. Cadiz.
12. Castellón.
13. City Real.
14. Córdoba.
15. Coruña (A).
16. Basin.
17. Girona.
18. Grenade.
19. Guadalajara.
20. Guipuzkoa.
21. Huelva.
22. Huesca.
23. Jaen.
24. Leon.
25. Lleida.
26. Rioja (La).
27. Lugo.
28. Madrid.
29. Malaga.
30. Murcia.
31. Navarra.
32. Ourense.
33. Asturias.
34. Palencia.
35. Palms (Las).
36. Pontevedra.
37. Salamanca.
38. S. C. Tenerife.
39. Cantabria.
40. Segovia.
41. Sevilla.
42. Soria.
43. Tarragona.
44. Teruel.
45. Toledo.
46. Valencia.
47. Valladolid.
48. Bizkaia.
49. Zamora.
50. Zaragoza.
51. Ceuta.
52. Melilla.
