|Empresas de Economía Social||Social Economy Enterprises||Social Economy Enterprises is a way to make business that taking into account the balance of competences and competitiveness criterions, is characterized by the following values: " democratic organization ”, “primacy of individuals over the capital ”, “share-out of benefits with common criterion”, “mainly share in solidarity with social setting ”, and “social cohesion provocative”. They are companies supported on social liability values.|
Co-operatives, Labour Societies, Mutuals (or friendly society), Insertion Enterprises and Special Centres of Employment , are some examples of the legal figures that are included into SOCIAL ECONOMY concept. They are more than 50.500 Spanish companies with 2.300.000 jobs, which annual invoicing in 2005 reached 110.417 million euros (7 % of the GDP). More than 10.000.000 people are associated in several organizations of Social Economy.
One possible definition of Social Economy for Spanish people can be the following; It is composed of economic activities practised/developed mainly by societies, such as Co-operatives, Mutuals (or friendly societies) and Associations, which plan of action is characterized by the service purpose to their members or to their social setting, the management autonomy, decision democratic processes and the supremacy of people and work over capital at the share-out of benefits.
|Sociedad anonima, S.A.||Public limited company|| Trading company/mercantile society which social capital has the characteristic on share capital, this capital is made up of shareholders´ shares, who will not be personally responsible for the company/social debts.|
Law: El Real Decreto Legislativo 1564/1989 de 22 de diciembre, aprueba el texto refundido de la Ley de Sociedades Anónimas.
|Sociedad de responsabilidad limitada||Limited-liability company|| Trading company/mercantile society which social capital is divided in accumulative, indivisible and social participations. They are integrated for all partners´ contributions who are not personally responsible for social/company debts.|
Law: La Ley 2/1995 de 23 marzo regula las sociedades de responsabilidad limitada.
|Sociedad laboral||Employee-owned company||It is a Public limited company or Limited-liability company where the majority of the social capital belongs to the hard-working associates being his labour relation, or indefinite or full time character. (human capital)|
A company where at least 51% of the capital is held by its permanent employees.
no single shareholder (except for government bodies) may hold more than 1/3 of the capital. the non-shareholding employees must not be more than 15% of the workforce, or 25% if the total workforce is 25 people or less. In order to maintain the employee-owned nature of the company, shares becoming available must be offered to different groups of people according to the following order of precedence: 1) the permanent employees who do not yet own shares, 2) permanent employees who already own some shares, 3) other workers and non-employed shareholders 4) the public.
These criteria apply equally whether the company’s legal format is a sociedad anónima or a sociedad de responsibilidad limitada.
• laboral society: it is a society where at least 51% of social capital belongs to workers who give their repaid services in a direct, personal way and for an indefinite time.
• they have a commerciale character whatever it is their social and capital objective which is created with partnerships´ contributions, which are divided into actions or paticipations.
• minimum requirements:
- the minimum number of founded partners is three.
- laboral societies are divided in two types:
1. society with laboral limited responsability: (sociedad limitada laboral)
• it is a mercantile society which capital is divided in accumulative, indivisible and social participations. they are integrated for all partners´ contributions who are not personally responsable for social debits.
• the minimum capital to create it is 3,0005´06 €, it´s divided in social participations, totally subscribed and paid out.
2. workers´ cooperative: (sociedad anónima laboral)
• it is a mercantile society which capital is divided into actions, and it´s integrated for partners´ contributions, who are not personally responsable for social debits, only until the contributed capital.
• the minimum capital is 60,101´21 €, it´s divided into actions, totally subscribed and paid out 25% at least, the rest is being pending for a certain time.
Cooperative. Regulated in detail by the laws of the Comunidad Autonoma, in this case Andalucía. All the general principles of cooperatives as usually understood are included explicitly in this law. Two levels of cooperative are provided for: a cooperativa primero grado can have any combination of natural and legal persons as its members; a cooperativa segundo grado can only have cooperatives as its members.
|Note: the following definitions were found at eida|
|Cooperativa de interés social||Social interest cooperative||As defined in the law of Andalucia, a non-profit cooperative whose goal is the promotion of integration of persons into society and/or work; provides services on the market|
|Cooperativa de integración social||Social integration cooperative||As defined in the law of Andalucia, a non-profit cooperative, a majority of whose members are persons with some degree of disability or other shared risk of marginalization|
|Cooperativa de trabajo asociado||Workers cooperative||A workers cooperative, ie. one in which the majority of members are workers who contribute their work to the cooperative. Difference between Sociedad cooperativa and Sociedad Laboral:|
A. Type: Sociedad cooperativa
number of associates: Mínimum 3
Capital: Minimum fixed on the Articles of association
Responsability: Limited to the contributed capital
tax system: Tax on Societies (Special regulation)
B. Type: Sociedad Laboral
number of associates: Mínimum 3
Capital: Minimum 60.101,21 € (SAL), Minimum 3.005,06 € (SLL)
Responsability: Limited to the contributed capital
tax system: Tax on Societies
|Empresa de transición||Integration Company||Not a legal format but a function of a company that aims to integrate disadvantaged persons into the labour market by employing them for a limited period of time. See eida-andalucia.com –> “Publicaciones EidA”. It´s a kina of insertion companies.|
Insertion Companies are productive structures that work on the market producing goods and services and have the additional target of the social integration of his workers. They act as companies of transit where people with difficulties of insertion sociolaboral, they try to develop the capacities necessary for work by means of the formula of " learning working ". (very similar at Special Center of Employment )
|Fondación||“Foundation”||They are non-profit organizations that aims to the general interest created by their founders. |
The foundations are ruled by the will of the founder, by his Articles of association and, in any case, by the present Law. Ley 30/1994 de 24 de noviembre, de Fundaciones y de Incentivos Fiscales a la Participación Privada en Actividades de Interés General (BOE núm. 282 , de 25-11-1994)
General interests like: social assistance, civic, educational, cultural, scientific, sports, sanitary, development cooperation, environment, promotion of the economy or investigation, promotion of voluntary work, etc…
|Mutua||Mutual society||Mutual societies have a long tradition in Spain and as elsewhere, were the basis of significant parts of the insurance and finance industries.|
|Centro especial de empleo||Special Centre of Employment||These are a means of integration into the work force directed at workers with disabilities who have insufficient autonomy in their professional and social lives. |
The Special Centres of Employment are centres for work whose main target is to create productive work that assures remunerated employment for workers with disabilities.
The staff of the Special Centres of Employment will be constituted of at least 70 % of workers with disabilities.
Incentives for the creation and maintenance of stable employment for persons with disabilities in Special Centres of Employment
The Special Centres of Employment are recipients of public incentives for the creation and maintenance of stable employment for disabled people, in order to make possible their viability and the fulfilment of their social function.
The Special Centres of Employment which have previously obtained the necessary qualifications will be able to benefit from the incentives that have been described in this paragraph.
Incentives to create stable employment in Special Centres of Employment
To create stable employment for disabled people in Special Centres of Employment, an incentive of 12.021,00 euros for each indefinite/permanent full time post created (minimum 3 years) will be granted.
Incentives to maintain employment in Special Centres of Employment:
• An incentive of 50 % of the guaranteed minimum wage, both in indefinite and longer term contracts
• A bonus of 100 % of the employer´s contribution to the Social Security.
• Incentives for adaptation to permanent posts and /or elimination of architectural barriers.
• Help destined to make a financial balance in each Special Centre of Employment to guarantee their viability and employment stability.
|Pequeñas y medianas empresas/PYME||Small & Medium-size Businesses||Small and medium-size businesses dominate Spain’s economy (according to the Ministry of Industry, Tourism and Commerce, 99 per cent of Spanish businesses are PYMEs), and the government encourages both their formation and their growth. As a result, many PYMEs qualify for grants, incentives and reduced corporate tax rates. There are in fact three categories of PYME, as follows: |
• Mediana Empresa – A ‘medium-size’ business, with between 50 and 250 employees and an annual turnover of up to €50 million;
• Pequeña Empresa – A small business, with between 10 and 49 employees and an annual turnover of up to €10 million;
• Micro Empresa – A ‘micro-enterprise’, with fewer than ten employees and an annual turnover of up to €2 million.
Further information about PYMEs (in Spanish only) can be found on ipyme.
|Insertion sociolaboral||Insertion enterprises or Insertion Companies|
That are productive structures that work on the market producing goods and services and have the additional target of the social integration of his workers. They act as companies of transit where people with difficulties of insertion sociolaboral, they try to develop the capacities necessary for work by means of the formula of " learning working ".
(very similar at Special Center of Employment )
|Sociedades laborales||Laboral society or Labour society||The Spanish use the terms “laboral society“ in the same way as “labour society“ = sociedades laborales.|