The right to reinstatement is recognized as long as it is requested as long as the validity of the program is maintained and it is proven that the established requirements have been met as well as, where appropriate, having ceased work as an employee, proving legal status of unemployment.
The Plenary Session of Congress debates this Thursday the validation or repeal of this reform, which will seek to recover the aid of 430 euros per month to long-term unemployed after this program declined on April 30.
This extraordinary and specific program is aimed at long-term unemployed workers with family responsibilities who are in a situation of special need, and who are actively searching for employment. The program was extended twice by Royal Decree-Law 1/2016, of April 15, and by Royal Decree-Law 7/2017, of April 28. The latter allowed the recipients to submit their application to join the program until April 30, 2018.
It offers accompanying financial aid managed by the State Public Employment Service, linked to participation in the aforementioned employment activation policies.
Since the extension of the program has not occurred, the possibility of admitting new additions to it has ended, although it will remain in force as long as the people admitted up to that date carry out the corresponding activation actions for employment, and receive the accompanying financial aid recognized until during its maximum duration of six months.
An undesired effect of the end of the admission period to the Employment Activation Program on April 30, 2018, has been the impossibility of rejoining the program, once said date has passed, for those people who had temporarily left the the same for any of the reasons contemplated in article 5.2 of the cited rule (employment as an employee or self-employed person, or loss of the income requirement or family responsibilities, during the time periods determined in said section), since, according to With the text of Royal Decree Law 16/2014, of December 19, reinstatement is linked to the admission application deadline, so it should necessarily take place before April 30.
Furthermore, these people cannot benefit from the extraordinary unemployment benefit regulated in the new twenty-seventh additional provision of the consolidated text of the General Social Security Law, approved by Royal Legislative Decree 8/2015, of October 30, incorporated into the same by section five of the fortieth final provision of Law 6/2018, of July 3, on the General State Budgets for the year 2018, which has temporarily replaced the activation programs for employment and professional requalification. of people who exhaust their unemployment protection, since section 3 of the provision expressly prevents access to the extraordinary subsidy "to those who had previously been recognized with the accompanying financial aid established in the Employment Activation Program."
This situation leaves unprotected those participating in the program who have most demonstrated their involvement in it with a view to their insertion and violates the purpose of the Employment Activation Program contained in article 1.2 of Royal Decree-Law 16/2014. , of December 19, "increase opportunities to return to the labor market", discouraging possible temporary placements during its development, given that accepting a short-term job would imply leaving the program without the possibility of re-entering.
To avoid this unfavorable situation, Royal Decree-Law 16/2014, of December 19, is modified, allowing that, in the cases of temporary leave established in the norm, reinstatement can occur until the development of the program is completed.
Article 5.3 of Royal Decree-Law 16/2014, of December 19, which regulates the Employment Activation Program, is modified as follows:
"3. Once the temporary withdrawal from the program and the aid occurs for the reasons provided for in the previous section, the right to reinstatement may be recognized as long as it is requested while the validity of the program is maintained and compliance with the requirements established in the letters d) and f) of article 2, as well as, where appropriate, having ceased work as an employee, proving legal status of unemployment. Reinstatement will require prior registration as a job seeker and reactivation of the activity commitment. The period of time during which the worker is on temporary leave in the program, without receiving financial aid, in accordance with the provisions of section 2 of this article, will not be computed for the purposes of the duration of the program. aid."
English 
Spanish