Innovación, tecnología y administración públicaespecial referencia a los servicios públicos de empleo

Abstract

Abstract The current crisis situation in which we have been since a few years is having a special impact on the unemployment rate, to the point where it has reached a percentage of the working population unknown for several decades. Unlike what has happened in other stages with such unemployment figures, the current development of information and communication technologies forces us to consider the extent to which the tools available today can help us to face this urgent challenge. Specifically, taking into account the role of public authorities, it is necessary to consider to what extent the technological modernization of Public Employment Services is helping to overcome this challenge or, on the contrary, if the so-called Administration Electronics is faced with problems, impediments and legal dysfunctions inherent to paper management and face-to-face relationships that prevent us from taking advantage of the innovative potential offered by technology. In addition to providing a legal vision on the legislation regulating Public Employment Services and the importance of its latest reforms, especially the one undertaken in 2015 due to its special nature, the opinions and proposals for the improvement of the personnel who render their services therein. Specifically, it has been possible to contrast the approaches and approach of the work with both the personnel that is in direct attention in Employment Offices, or in the services related to Demands, Offers, Inscriptions, Services or Information, as well as the personnel that has their position in the Central Services of the various Employment Services, either in the Managing Bodies or in the Services of the General Secretariats. Thus, regardless of the dogmatic-legal considerations that are made at work, our approach has been enriched with a methodological approach endowed with a decided practical perspective contrasted with the so-called "personal de frontera", who is the one who assumes direct attention to users of the system. Ultimately, the objective that has been raised with this doctoral work refers to the need to equip technological tools with an adequate legal framework to optimize the existing relationship between Public Administrations that have participation in the field of employment policies. Only on the basis of this approach will be possible to avoid a fragmented management of information that not only has harmful consequences from the point of view of the general interest, but above all to users of these services, doubly punished for being unemployed. It has been tried to offer guidelines and indications that, from the legal perspective, facilitate a greater inter-administrative coordination that tries to put in value the credibility of the Public Employment Services, certainly devalued by the low numbers of contracts made through them. If we opt for the establishment of a Public Employment Service, we should provide them with an added value with respect to private management systems that justify their permanence. This added value has to go through a greater use of the information held by the different Administrations that act in the labor intermediation and that has to flow between them with agility, aided in all this by the new information technologies and the communications; by designing a management model that is fully respectful of users personal data. By complying with principles such as transparency, employers confidence must be restored so that they can go back to the Public Employment Services, not only when they are going to obtain a subsidy in exchange, but also because they actually get a quality and efficient. Actions such as greater publicity of the services provided, a real and effective commitment to procedural simplification, better training of the staff who provide services in them, elimination of the fragmentation of the Administrations involved and the widespread implementation of Procedures would help to achieve the proposed objective. We could conclude that the novelties that have just been introduced in our legal system through Laws 39 and 40 of 2015 are not so much because of the innovation of the materials and means that it establishes, since they are mostly the result of a recapitulation of dispersed provisions, to the extent that with the reform many statutory provisions hitherto directly applicable only at the state level have been raised to legal status. In any case, the fact that the legal procesing is foreseen in a general way through telematic means, supposes the positive recognition of a paradigm shift that has taken place through diverse sectoral regulations during the last years. It only remains to verify to what extent its practical application will allow us to give the necessary impetus - in the terms we have tried to raise in this work - to the activity carried out by the various Public Administrations in terms of employment.