Declaration of exceptionality and authorisation of alternative measures for compliance with the reserve quota in favour of workers with disabilities.
Declaration of exceptionality and authorisation of alternative measures for compliance with the reserve quota in favour of workers with disabilities.
Exceptionally exempt public or private companies with more than 50 workers from the obligation to hire at least 2% of their workforce from workers with disabilities, and instead authorise the corresponding alternative measures as provided for in Royal Decree 364/2005, of 8 April, which regulates the exceptional alternative fulfilment of the reserve quota in favour of workers with disabilities.
General information
- Regional ministry
- Consejeria De Industria, Empleo, Innovacion Y Comercio
- Governing board
- Direccion Del Servicio Cantabro De Empleo (DIR3: A06027808)
- Classification
- Authorizations, licenses, concessions and approvals
- Subject(s)
- Employment and Social Security
- Starting way
- Interested
- Target
- Legal entities, self-employed persons and registered professionals
- Subject to fees
- No
- Languages in which the procedure can be completed
- Spanish
- Allow power of attorney
- Yes
- Links to web pages with specific information
- Type
- Royal Decree 364/2005, of 8 April, which regulates the exceptional alternative fulfilment of the reserve quota in favour of workers with disabilities.
- Order of 24 July 2000, which regulates the administrative procedure relating to exceptional alternative measures to compliance with the 2% reserve quota in favour of disabled workers in companies with 50 or more workers (applicable insofar as it does not conflict with Royal Decree 364/2005, of 8 April).
Requirements
Public and private companies employing a number of 50 or more workers in the following cases:
a) When the non-incorporation of a worker with a disability into the obligated company is due to the impossibility for the competent public employment services, or employment agencies, to respond to the job offer submitted after having carried out all the necessary intermediation procedures to respond to the requirements of the company and conclude it with a negative result, due to the absence of job seekers with disabilities registered in the indicated occupation or, even if they exist, when they prove that they are not interested in the working conditions offered in said offer.
b) When there are, and are so accredited by the obligated company, issues of a productive, organisational, technical or economic nature that motivate the special difficulty in incorporating workers with disabilities into the company's workforce. As proof of these circumstances, the public employment services may require the provision of certifications or reports from public or private entities of recognised capacity, other than the applicant company.
Deadlines and submission
- Deadline for submission
No deadline.
- Submission deadline start date
- 19/02/2019
- Submission deadline end date
- -
- Periodicity
- Continuous
- Means of submission
- Telematic
-
- Online submission
- At the General Electronic Registry
- Art. 14. 2 of the Law 39/2015, of 1 October, of the Common Administrative Procedure of the Public Administrations, establishes the obligatory nature of the electronic management for certain subjects as, for example, a) The juridical persons, b) Entities without legal personality, c) Those who carry out a professional activity for which compulsory membership is required, for the procedures and actions they carry out with the Public Administrations in the exercise of said professional activity. In any case, within this group, notaries and property and mercantile registrars shall be included. d) Those who represent an interested party who is obliged to relate electronically with the Administration, e) The employees of the Public Administrations for the procedures and actions that they carry out with them due to their condition of public employee, in the form in which it is determined by regulation by each Administration.
Required documentation
|
v5_Solicitud of declaration of exceptionality and alternative measures. Annex II Request for a declaration of exceptionality and alternative measures.
Mandatory
v5_Solicitud of declaration of exceptionality and alternative measures. Annex II.docx |
Processing and resolution
- Instructor board
- Cantabrian Employment Service.
- Attributive rule
- Law 1/2003, of 18 March, on the creation of the Cantabrian Employment Service.
- Article 6 of Royal Decree 364/2005, of 8 April, which regulates the exceptional alternative fulfilment of the reserve quota in favour of workers with disabilities.
- Reports or opinions
-
- Report of the Labour and Social Security Inspectorate. (elaboration deadline: 15 days).
- Resolution entity
- Head of the Directorate of the Cantabrian Employment Service.
- Attributive rule
- Law 1/2003, of 18 March, on the creation of the Cantabrian Employment Service.
- Royal Decree 364/2005, of 8 April, which regulates the exceptional alternative fulfilment of the reserve quota in favour of workers with disabilities.
- Order of 24 July 2000 (insofar as it does not conflict with Royal Decree 364/2005, of 8 April).
- Maximum deadline for decision
- 2 Months
- Average deadline for decision
- 1 Months
- Effects of the administrative silence or inactivity of the Administration
- Initiation by request:
- Positive
- Does it put an end to the administrative procedure?
- Yes
Appeals
- Type
Optional for reinstatement or contentious-administrative.
- Board
Head of the Directorate of the Cantabrian Employment Service for the appeal for reversal and the contentious-administrative jurisdiction in the case of the contentious-administrative appeal.
- Deadline
- One month in the case of the optional appeal for reversal or two months in the case of the contentious-administrative appeal.
Regulations
- Regulation applied
-
- Royal Decree 364/2005, exceptional alternative compliance with the reserve quota in favour of workers with disabilities.
-
- Order of 24 July 2000, which regulates the administrative procedure relating to exceptional alternative measures to compliance with the 2% reserve quota in favour of disabled workers in companies with 50 or more workers regulated by Royal Decree 27/2000, of 14 January.
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