summary
The Recovery, Transformation and Resilience Plan, approved by Agreement of the Council of Ministers, of April 27, 2021, is the instrument through which the execution of the funds from the European Recovery Instrument (Next Generation EU) is articulated. whose central element is the Recovery and Resilience Mechanism, established by Regulation (EU) 2021/241 of the European Parliament and of the Council, of February 12, 2021, establishing the Recovery and Resilience Mechanism. The implementation of the financial resources of the aforementioned Fund is carried out in accordance with the provisions of the Council Implementing Decision regarding the approval of the evaluation of the Recovery and Resilience Plan of Spain (Council Implementing Decision-CID), of July 13, 2021.
The projects included in the City Plan allow a change in the productive model for the recovery of the economy after the pandemic caused by COVID-19 and, in addition, a transformation towards a more resilient structure that successfully faces other possible crises or challenges in the future, through regulatory changes and the execution of the planned investments in its different components.
Among these investments, there will be Investment C23.I1, Youth Employment, within Component 23 of the Plan, New public policies for a dynamic, resilient and inclusive labor market, led by the Ministry of Labor and Social Economy, and in whose priority driving initiatives He participated in the State Public Employment Service.
This investment C23.I1 includes the performance of the TndEM Program in entities of the state public sector. For the development and execution of this Program, Order TES/1153/2021, of October 24, is approved, which establishes the bases for the granting of public subsidies, intended for the financing of the TndEM Program in entities of the state public sector, training alternating with employment, within the framework of the Recovery, Transformation and Resilience Plan.
In accordance with the provisions of the Recovery, Transformation and Resilience Plan, Order TES/1153/2021, of October 24, regulates the TndEM Program following the Workshop Schools model, that is, public employment training programs , present a training method in alternation with employment for unskilled young people, which involves the training of young people under 30 years of age in occupations related to the ecological transition and the green economy, the digitalization of services, social cohesion, the fight against depopulation and rural and sustainable local development that reinforce territorial cohesion.
In accordance with the aforementioned Order, bodies, organizations and other entities of the state public sector, defined in article 2 of Law 47/2003, of November 26, General Budget, may be promoter entities of TndEM projects. However, for-profit Workshop Schools, which are the reference for the regulation of these projects, can be promoted both by the aforementioned public entities and by associations, foundations and other non-profit entities. As provided for in article 2 of the repealed Order of the Ministry of Labor and Social Affairs, of November 14, 2001, which regulates the program of Workshop Schools and Trade Houses and the Promotion and Development Units and is based the regulatory bases for the granting of public subsidies to these programs, and the provisions of article 32 of Royal Decree 818/2021, of September 28, which regulates the common activation programs for employment of the National Employment System , in which experiential employment and training programs are regulated, which replaces the Workshop School programs. All of them are public employment-training programs.
Given this restriction, it is considered necessary to expand through this order the possible promoter entities of the TndEM Program projects, in line with the regulation of the Workshop Schools, to accommodate a greater number of projects and activities to be carried out. outside. To do this, it is necessary to modify Order TES/1153/2021, of October 24.
This order results from applying the rules that streamline and make more flexible the processing of subsidies financed with European funds included in Royal Decree-Law 36/2020, of December 30, which approves urgent measures for the modernization of Public Administration and for the execution of the Recovery, Transformation and Resilience Plan.
This order complies with the principles of good regulation, necessity, effectiveness, proportionality, legal certainty, transparency and efficiency provided for in article 129 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations.
It conforms to the principles of necessity and effectiveness, its adoption being justified in the adaptation of the beneficiaries of the TndEM Program to the general model of the type of public employment training programs in which they are included. It also complies with the principle of proportionality, being necessary a rule with the same rank as Order TES/1153/2021, of October 24, so this order constitutes the appropriate channel to modify the regulatory bases of the Program and incorporate the Regulation essential to wait for the need to be covered.
On the other hand, it also complies with the principle of legal certainty, by being coherent with the entire legal system, by homogenizing the beneficiaries of the TndEM Program with public employment-training programs of the same type. The order clearly defines its objective, satisfactorily as the principle of transparency.
Finally, in application of the principle of effectiveness, the order is limited to modifying a specific point of Order TES/1153/2021, of October 24, it does not alter its management criteria, so it does not impose accessory charges and rationalizes management. of public resources, by allowing their application to more possible beneficiaries, respecting the administration and objects of the TndEM Program.
In accordance with the provisions of article 17.1 of Law 38/2003, of November 17, General Subsidies and article 61.2 of Royal Decree-Law 36/2020, of December 30, the State Attorney has issued a report in the department, as the Delegated Intervention of the General Intervention of the State Administration in the State Public Employment Service.
By virtue, available:
Single article Modification of Order TES/1153/2021, of October 24, which establishes the regulatory bases for the granting of public subsidies, intended for the financing of the TndEM Program in state public sector entities, for alternation training with employment, within the framework of the Recovery, Transformation and Resilience Plan
Section 1 of article 4 of Order TES/1153/2021, of October 24, which establishes the bases for the granting of public subsidies, intended for the financing of the TndEM Program in state public sector entities, for training in alternation with employment, within the framework of the Recovery, Transformation and Resilience Plan, is worded as follows:
1. Bodies, organizations and other entities of the state public sector, defined in article 2 of Law 47/2003, of November 26, General Budget, as well as associations, foundations and other entities without profit motive, which promoted the projects of the TndEM Program.
In all cases, the purpose of the subsidy may not cover positions of a structural nature, whether or not it will be within the relationships of jobs, staff or other form of human resources organization, which are contemplated in the different Public Administrations and are equipped presumably.
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Second final provision Entry into force
This order will enter into force the day following its publication in the Official State Gazette.
