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SOC
Catalonia Occupation Service

Collective managemenet of hirign in country of origin

The collective management of hiring in countries of origin is a procedure that enables the ordered hiring of non-community foreign workers that cannot be found or who do not live in Spanish territory. The aim of hiring is to develop jobs of a stable nature. The people are selected in their countries of origin as from general offers and, in some nominative cases, presented by the companies, according to a specific procedure.

The State Government with the participation of the state and autonomous community public services and of the most representative business and trade union organisations pass annually a list of jobs to be covered by the procedure of collective management of hiring in countries of origin.

Through Ministerial Order TIN/3498/2009 of the 23 December, the Government has issued the regulation for collective management of hiring in countries of origin (State Gazetteer -BOE- of 29 December 2009).

This order establishes, on the one hand, the number, characteristics of stable job offers that can be covered through this process by province and for the period of 1 calendar year and the procedure to follow. Additionally, the characteristics of seasonal jobs on offer, as well as the procedure to follow.

It can also regulate, in a differentiated way, regarding the stable offers referred to, any particularities in the contractual procedure of seasonal workers.

Regarding the number and distribution of the job offers admissible within the framework of the collective management of hiring in countries of origin, they can be revised with the aim of adapting them to the evolution of the labour market. The general job offers presented through this procedure will be preferably directed towards the countries with which Spain has signed agreements about the regulation and organisation of migratory flows.

Procedure and types of offers

The companies and/or business organisations are always those that initiate the hiring process. From the 1 October 2009, the offers to cover stable jobs must be processed by the SOC offices.The job offers for seasonal work must be processed in the areas or dependencies of the Ministry of Employment and Immigration of the province where the occupational activity will be taking place.

Both the stable and seasonal job offers may be general or nominative.

  1. Stable job offers: are the jobs listed in annexe I of Order TIN/3498/2009 of 23 December, mentioned above; the length of contract for these job offers cannot be less than 1 year.
  2. Seasonal job offers to attend to the following activities:
    • Seasonal or for campaigns: they have a maximum length of 9 months within a consecutive 12-month period. The offer can be presented by the company itself or jointly with others to cover linked campaigns or to develop the same activity by diverse companies. Business organisations that have the authorised legal business representation may also present them.
    • Works or services: they have a maximum length of 1 year and are addressed to the assembly of industrial or electrical plants; construction of infrastructures, buildings and electric, gas, railway and telephone supply networks; installations and maintenance of productive machinery, as well as its setting into operation and maintenance and repair, among others.
      In the seasonal job offers, as well as the documentation of the application, the certificate for Servei Públic d'Ocupació de Catalunya must be presented, which accredits that the job offer has previously been processed in order to ensure that people resident in Spain were able to apply for these posts.

Documentation

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