Resolution of April 14, 2023, of the General Secretariat

2023-04-20 05:11:19

Addendum for the extension of the Agreement between the Autonomous Organization State Organization Labor and Social Security Inspectorate and the Social Institute of the Navy

Madrid,

as of April 4, 2023.

TOGETHER

On the one hand, Mrs. Elena Martínez Carqus, Director of the Social Institute of the Navy (hereinafter ISM), appointed by Order ISM/986/2021, of September 7 (BOE of September 22), acting on behalf of the Institute , by virtue of the powers attributed to it by the Article 7.2 of Royal Decree 504/2011, of April 8, on the organic structure and functions of the Social Institute of the Navy, and also in accordance with the powers conferred by the Article 48.2 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector (BOE of October 2).

On the other hand, Mrs. Carmen Collado Rosique, Director of the Autonomous Organization Organismo Estatal Inspección de Trabajo y Seguridad Social (hereinafter ITSS), appointed by Royal Decree 802/2021, of September 14, on whom the functions of representation of the aforementioned Organism fall. Government, as well as its management and government, in accordance with the provisions of the Article 8.2 of Royal Decree 192/2018, of April 6, which approves the statutes of the autonomous body State Labor and Social Security Inspectorate, being competent to sign this Agreement, in accordance with the provisions of the Article 31.3.e) of Law 23/2015, of July 21, Organizing the Labor and Social Security Inspection System, and Article 8.3.g) of Royal Decree 192/2018.

Both parties, in the representation they hold, recognize the mutual capacity to be bound and agree, and

EXPOSE

First. That on May 31, 2019, they formalized the agreement indicated in the heading, being registered on June 4, 2019 in the State Electronic Registry of Cooperation Bodies and Instruments of the state public sector (REOICO), and published in the Bulletin State Official on June 17, 2019.

In said Agreement, under the principle of reciprocal cooperation, the framework of collaboration between the ISM and the OEITSS is established, both under the authority of the Ministry of Labour, Migration and Social Security – a reference that, in accordance with the provisions of the Royal Decree 2/2020, of January 12, by which the ministerial departments are restructured, must now be understood as made to the Ministry of Labor and Social Economy and the Ministry of Inclusion, Social Security and Migrations -, in those aspects of mutual interest, in order to intensify and improve the inspection and control tasks of the obligations established in the area of ​​Social Security and, in general, within the scope of the Social Protection policy of the Department.

Second. That the ISM and the ITSS wish to continue cooperating in order to intensify and improve the work of inspection and control of the obligations established in the area of ​​Social Security.

Third. That, to this end, the ISM will continue to facilitate the exchange of information for joint analysis and processing of data, and the ITSS will continue to report periodically on the actions carried out by it and the results obtained.

CLSUSES

First Commitments of the parties

The commitments acquired by the signatory parties and contemplated in the original agreement remain unchanged during the period of validity established by this extension addendum.

Second Validity and effects

That the eighteenth clause of the reference agreement establishes that, at any time before the end of its validity, the signatories of the agreement may unanimously agree to its extension for a period of up to four additional years or its termination.

By means of this addendum, the signatory parties to the original agreement agree to extend it for a period of 4 years.

In accordance with the provisions of article 48.8 and section 2 of the Seventh additional provision of Law 40/2015, of October 1, this addendum will take effect after its formalization, from its registration in the State Electronic Registry of Cooperation Bodies and Instruments of the state public sector, and must be published in the Bulletin State Official.

Third Legal regime and competent jurisdiction

This addendum is subject in its processing to the legal regime of agreements provided for in Chapter VI of the Preliminary Title of the Law 40/2015, of October 1, on the Legal Regime of the Public Sector.

For the solution of any discrepancy, litigation or conflict regarding the interpretation, modification, execution, resolution and effects of this agreement that were not resolved by mutual agreement, the parties agree to submit, under Spanish law, to the Contentious-Administrative jurisdictional order.

And in proof of conformity, the parties sign this addendum electronically, in the place where their respective headquarters are located, the date of signing being understood as the date on which it is signed by the last of the signatories.–By the Social Institute of the Navy, Elena Martínez Carqus, Director.–For the State Labor and Social Security Inspectorate, Carmen Collado Rosique, Director.