The added value of the new design of the active employment policy, is the definition and configuration of certain services guaranteed to persons and of small and medium-sized enterprises. In addition to having its flexible and stable funding and the establishment of a network público-privada, in order to ensure their implementation, to strengthen the welfare state. This is the content that develops this article.

The added value of the new designo of active employment policies is the definicion and configuration of certain guaranteed services in favor of peopele and small and medium-sized businesses. In addition, to proviede for its stable and flexible financing and the establishment o a public-private network to ensure its implemntatation, with the aim of strengthening the welfare state. This is the content trat this article develops.

Since the end of the second world war was configured the welfare state in europe, on the pillars of the existence of a health, education and social rights are assured by the public authorities.

I say that, in europe, because of the 50 % 6 . 000 millions of people, workers are informal. In other words, who are working, but they are not in any record or contribute and the existence of this fact should reinforce the importance of preserving our model and to extend it.

And we find ourselves in this third decade of the 21st century, is that this was a change of era, in which all these pillars must be strengthened to respond to the new reality of the society after the COVID- 19 and the demographic challenges, climate and digital.

In addition, we must aim to incorporate another pillar that strengthens the welfare state and is the reform and reconfiguration of the active employment policy that spain is coming.

If a person has the right to your health professional staff or to receive an education that transmit teaching staff, equally, a person must have the right to be served by guiding technical staff for employment and a company, also be given this specialized care. This will complete the circle of guaranteed services of the welfare state.

Following the statement by the world health organization of the international pandemic caused by the COVID- 19 , 11 march, the states members of the european Union adopted quickly coordinated measures to protect the health of the citizenship and avoid economic collapse.

The european council 21 july 2020 , agreed a package of far-reaching measures to pool the multiannual financial framework (MFF) for 2021 - 2027 , and the launch of a European Instrument for recovery (“ Next Generation EU ”), whose focus is on the mechanism for the recovery and resilience. In turn, the government of spain adopted the Recovery Plan, Transformation and Resilience by agreement of The council of ministers of 27 april, and in accordance with the implementation decision of the council relating to the adoption of the evaluation of the recovery plan and resilience of Spain (Council Implementing Decision-CID), 13 july 2021 .

Unlike with what had happened a decade ago when from the european commission decided to take steps to budgetary restriction that so much harm caused to public policy and to persons, on this occasion they chose to have expansionary policies in favour of the reforms and structural policies.

The result of this Plan and the commitments of the agreed reforms, 7 december 2021 , it published the Royal Decree 1069 / 2021 , 4 december which approves the strategy for Active Support to employment 2021 - 2024 . The adoption of this strategy in response to a specified action Reform 5 “ modernization of active employment policies ”, contained in this component 23 “ new public policies for a dynamic labour market, resilient and inclusive process ”, in the policy area VIII “ new economy of care and employment policies of the recovery Plan, transformation and Resilience, milestone number 334 .

This Strategy, which was developed and supported by all the public employment services autonomous, coordinated by the public employment service, State capacities to initiate structural reform in active employment policies.
This Royal Decree introduced a new strategic vision, with objectives focused on people and businesses, mainly in small, consistent with productive transformation, aimed at encouraging results, improving the capacities of public employment services and improve governance and cohesion of the national system of Employment.

The configuration and agreement on the strategy, brought a little more than a year later, the act was adopted 3 / 2023 of 28 february, of employment (BOE 1 march), a law which establishes the framework of the employment policy, which integrates both the active employment policy as the policies of protection by unemployment.

It implements milestone CID number 335 the recovery Plan transformation and Resilience. It Is one of the 102 reforms that are agreed with the european commission, in the framework of the recovery Plan, transformation and Resilience. 102 reforms and employment is one of them. Therefore, is among the set of rules that are building the legal frame of the new welfare state in our country together with labour reform, pension reform, civil service reform and many others. Also of the reform of the assistance level of protection by unemployment, which will, after being subject to social dialogue and the parliamentary procedure, in the coming months.

A reform that, since the strategy for Active Support to employment, it has received the momentum of the ministry of labour and Social Economy, and within the national employment System, with the SEPE and public employment services and autonomous and having counted, fundamentally, with contributions from the social partners and the Social Economy and also of other entities linked to employment.

Pedagogical purpose, the standard dedicated article 3 to establish the basic concepts related to the law itself. It is not normal to perform this substance in a law, but on this occasion he considered that it was necessary to ensure the success in understanding it. Concepts such as employability, in line with the ILO on the same, or labor intermediation that ends emerging as a service to ensure that it is not just the result of a cassation of supplies and demands made by any technological tool with a greater or lesser fortune, or gluing, that the ends identified through The latter case as to be agreed upon in the activity. And some other concepts.

“ activity ”should be the report on the underlying the inspiring element of reform, which is the people-centred approach as a means of support and accompaniment throughout working life, the “ right to active support for the job ” which provides for the european pillar of social rights, signed by the council, the european parliament and the european commission 17 november 2017 .

Now with the agreement is to strengthen the idea that there is a contract between two parties and that both have to comply with.On the one hand, the person leading to employment service, proposed by the service or services, making it possible to improve the employability of the petitioner of services at the same time, as one of the two sides of the agreement, to commit itself to undertake and participate in the itinerary and proposed services. It is based on mutual trust and the right to guarantee certain services, as stipulated by law.

These services guaranteed regulated in title IV of the law is directly linked to the improvement and innovation in the heart of the employment policy. Its inspiring elements are focused on approach in favour of persons and companies.

The vocational guidance throughout working life, which require the successful people, are already occupied or in unemployment and also small and medium sized businesses. guaranteed Services that are well defined and with assured, and become real subjective rights, as has already declared the eminent jurist administrativista, Eduardo García de Enterría.

The ten services available to people are:

1 º. The development of an individual user profile that will enable the assessment of the petitioner of the employment services, with supporting evidence statistics to improve their employability, and to facilitate the further design of a customized training or active job-searching or enterprise.

2 º. The monitoring and continued advice and personalized attention, in person or not, during transitions between employment, education and employment or between situations of employment and unemployment.

3 º. The right way to go to your profile, which will require the conclusion of an agreement of activity between the public employment service and the user.

4 º. The training, enabling effective acquiring sensitive or increase of skills that will lead to greater employability.

5 º. Advice for self-employment and entrepreneurship, with comprehensive support and support for the activation of viable projects.

6 º. Labour intermediation, facilitating efficient job offers.

7 º. A channel in person or alternative digital, of receipt of services and to receive counselling and medical person or not.

8 º. Access to work throughout the state in the same conditions.

9 º. Search for social protection needs that could lead to the maintenance of a decent standard of living during the process of searching for occupation.

10 Th. The file experience personalized labour, which will be integrated among others, by the individual profile, route, the agreement of activity, the activities carried out in compliance with it, will follow any job offers, etc.

Linked to the previous guaranteed services, the act regulates the commitments of the people who require, as support the development of profile, develop proposals for the improvement of employability, to participate in the training courses or accept appropriate placements.

This is the first time that a rule, are guaranteed services companies, thinking fundamentally, in the business fabric more widespread in this country, which are small and medium-sized enterprises.

The importance of knowledge of the x-ray of this business fabric and from the data of the ministry of industry and tourism, i shall describe the situation.

The total number of small and medium-sized enterprises, which are those that have less than 250 employees is 2 . 917 . 389 the number of large companies ( 250 or more employees) of 5 . 531 , representing a total of companies in spain 2 . 922 . 920 ,

This number of companies, 273 . 133 they are in the agriculture sector, 335 . 164 in the construction sector, 168 . 811 in the sector of industry and services 2 . 145 . 812 companies.

The number of smes with employees in january 2024 is 1 . 313 . 796 , which, along with 5 . 531 large companies give a sum total of 1 . 319 . 327 companies with employees.
Furthermore, smes with employees in january gave employment to 9 . 327 . 126 persons, and large companies 6 . 535 . 537 people. In total, companies with ensured the employment of employees 15 . 862 . 663 employees.

Breakdown by size of enterprise:
- Smes without earning 1 . 603 . 593 , 9 , 18 % of jobs created.
- Micro-Enterprises with an employee to nine are 1 . 121 . 675 , 3 . 410 , 232 working people, 19 , 52 % of jobs created.
- Small with 10 to 49 wage-earners, 165 . 643 enterprises, 3 . 263 . 346 working people, 18 , 68 % of jobs created.
- Medium-Sized Enterprises, 50 to 249 wage-earners, 26 . 478 enterprises, 2 . 653 . 548 working people, 15 , 19 % of jobs created.
- Large enterprises, 250 or more employees, are 5 . 531 , 6 . 535 . 537 working people, 37 , 42 % of jobs created.

Before this x-ray, it is clear that it was essential to respond with certain services guaranteed and should focus mainly in microenterprises and small businesses.

These services guaranteed to individuals, companies and other entities, employers are:

1 º. Management of offers of employment submitted to the public employment services.

2 º. Information and advice on the recruitment and support measures.

3 º. Identification of needs of persons, both in terms of vacant posts as a professional profiles required to provide proper planning of formation.

4 º. Information and communication processes of hiring and complementary legal procedures.

5 º. Support in processes of outplacement in the cases envisaged by law.

6 º. Information and advice on the dissemination of tenders in the area of the european Union through the EURES network.

As with guaranteed services for persons, also in this area there are commitments, as work with the public employment services in the planning of the training activities, to communicate the vacant posts that count, and collaborate with improving the employability of those workers.

In the architecture of the management of the active employment policy, in addition to the jurisdiction given to essential public employment services with the autonomous communities, we need other territorial and social structures to support the implementation of the services guaranteed and must therefore promote collaboration tools and público-privada público-pública.

2 º. Non-profit entities of the third sector. There are many such entities working in the field of employment for decades and accumulated an invaluable experience. Serving collective persons particularly vulnerable and do so with a uniquely qualified guiding staff. The Foundations of the ELEVEN, the Secretariado Gitano, thyme, the red cross or Caritas, are a good example of this and there are already many projects that were being implemented.

3 º. Universities also have guidance equipment with which we need to feel belonging to the network of job orientation of this country. The scope of the University and especially after the last Act to reform the University system, its action also expands the students linked to the professional training and training in the work that will also be introduced in universities.

4 º. Is also essential to the definitive integration in this country to private companies specializing in the job orientation and in facilitating the processes of outplacement. The protocols and guiding staff of these companies, have to be part of the network of job orientation, to occupy the spaces that already have and should expand and that, from the configuration agreed in each of the respective Territorial areas, knowing that from the private sector with the appropriate legal instruments, may respond with guarantees of quality and speed.

It also has improved the evaluation of employment policies so that we can count on quality data that were specified in decision-making, to continue, improve or replace almost in real time, which are good practices or in any given moment, is not allowing the expected results.

Already there have been three evaluations, of the annual employment 2021 and 2022 intermediate and the strategy for Active Support to employment, and in all three were taken some conclusions that, even though they now intuirse, we have tested scientifically, as the people who receives certain services of employment, increases exponentially their chances of integration or that people who are receiving unemployment benefit, have a more positive impact upon receiving employment services that people that do not get paid unemployment benefit.

And the spanish agency for employment, as the keystone of governance and coordination of the employment policy that will make it possible to incorporate the flexibility and modernity in administrative management, implying a figure of the agency, which led to the financial, budgetary and personnel management system, will enable us to respond more agility to the challenges before us.

In the years 80 of the last century, the explanatory introductions to the rules that began to regulate a comprehensive response to unemployment, which maintain a posibilitara income to re-employment, already has an impact on the need to coordinate protection with the active employment policy. By the high level of unemployment has maintained this country and by the lack of maintenance of investment in active employment policies, this goal has not finished bring the expected results.

In addition be incorporated various formulas of compatibility of the unemployment allowance at the beginning of an employment relationship, which will move in a better position from unemployment to employment.

Most importantly, the human factor is at stake. Where much of the success of this important reform with the implementation of guaranteed services is to continue to have, and strengthening a network of professional people career orientation, in the broad sense that we want to give it to respond to the custom-made support for people and companies, a network of practitioners, who must go through the incorporation in the relations of jobs in public employment services, both of the state, as of the autonomous communities, a network that should be aligned with the guiding professional staff that offers its services in universities, local entities, in the entities of the third sector and, of course, in the field of public/private partnerships.

We are working in the configuration of a professional profile of the guiding staff, to continue its work in any Area, public or private, have a framework of professional skills visible, measurable and available for credit line.

Throughout the governance of the human factor, is having a particularly important the work done by the network of twenty guidance centres, enterprise,

Support for and funded with Innovation funds the recovery Plan and that are configured as physical and virtual meeting of the entire network of guidance. One by each of the 17 NATIONAL and another two in the autonomous cities of Ceuta and Melilla and another state.

If there is a particular significance with training and we recently had an opportunity to reflect on this field within the framework of the last spanish presidency of the council of the european union and of the declaration of the european year of the powers, which was held in Barcelona day 19 and 20 october, holding a conference under the title: “ The European Pillar of social rights and the new active employment policies ”. The conclusions of the same, are the practical result of the transformation of employment policy that we are taking place in our country.

It is undisputed that the training has a direct impact on the three transitions in the us: the demographic, ecological and digital were identified. These transitions will be fair if it is incorporated ethics as a way of furthering the human respect and here the training continues to play a preponderant role.

Factors that impact in these transitions:

1 º. Scientifically we know that in europe we started a demographic winter that by age, we will lose up to the 2050 to 80 millions of people of working age and sub-saharan africa will win 800 million. Hit generously and without bias in the management of migratory flows, will allow immigrants to incorporate properly trained, in the european labour market and sustain our welfare states. When we talk about the need to acquire talent, let us not think that comes in containers going and coming in connection with specific needs. The talent comes together with people in need of their integration into the community.

2 º. Also in many sectors, we need to be able to incorporate women to work. In transport and construction, only one 15 per cent of women at work and in the technology sector only 30 %. The professional skills and personal and are of particular relevance to meet the challenge of the incorporation of women in these sectors.

3 º. We must pursue the path of certification of competences. We Have too many people with competences without accreditation enough, which implies increased job insecurity in the absence of professional recognition and impossibility of career advancement. Also to preventing productivity gaps, which arise when there is a lack of training or when this does not have the appropriate certification.

4 º. The area of public-private partnerships could be improved in our country and while in the field of training, this cooperation is now more organized, together with the employment act recently passed and the development of services guaranteed, including the training, have to be improved. A public employment service, strong improvement directly the possibility of public-private partnerships to effectively reach all areas of the labour market.

5 º. It Is in vulnerable groups in which we need to focus the employment policies.

6 º. We must extend and highlight the taxonomy ESCO, as a tool to effectively identify to competencies is demanding the business fabric.

7 º. We need to make progress on the provision of the people, the possibility of creating your learning pathway through microcredenciales.

8 º. We must make the unemployment benefits to respond to the point in time, ligándolas to training and improving the compatibility of the same with the employed workforce and own. We must ask regulate or amend any of the benefits that we have, to address the problem of obsolescence in the remit of a person, the key reason why the lost jobs.

9 º. Is social dialogue which we must serve to move in agreements tailored to the needs of the business fabric and the interests of the individual workers. It Is the best tool, that in this country has shown that agreements with Government/Social Partners, we can achieve greater degrees of development.

10 º. Of global to local. From the improvement of employment policies in the european framework, or the state, we must go forward and to develop its implementation at territorial level, in our case national way and then to the local employment dimension enough space, in which they have shown that with scalpel are able to obtain very good results.

11 º. Public employment services have no choice but to strengthen the network of guidance, professional staff are incorporated into its structures and complemented by professional staff of private entities specializing in vocational guidance, in addition to be strengthened with technological tools. The accompagnement personnalisé professionalized and throughout the life of people is the subjective right that we need to protect. As i said at the beginning, as it is used for health personnel and teachers to teach, we need to be a guiding staff to guide and not only to persons but also, small and medium sized businesses. The public employment services have to be able to respond quickly to the identification of needs and transforming them into training specialties that may be given immediately.

12 º. We must seize all the knowledge that have different entities such as participating in the conference: Eurofoum, ETF, ILO, Wapes Cinterfor, Cedefop and oecd.

There is No dichotomy between freedom and equality, if not the latter is the heart at first and one of the most powerful instruments that we need to advance equality is training, is the provision of training and refresher and, to incorporate or upgrade skills in people who, in time will allow them to enter or remain in the labour market. So we should put the formation and the rest of the services guaranteed in the Area of active employment policies in the service of the maintenance of the welfare state of the strengthening of the middle classes that have been in Europe have maintained democracies populist movements away from the discontent of the people who are becoming excluded in society to advance their positions discriminatory and exclusive of the other.

In the new social contract to be gestar in europe, that the training and the rest of guaranteed employment services reach all people throughout their lifespan is another pillar of the welfare state.