Tándem program participants face expulsion decisions by Provincial SEPE Directorates

The Directorate General of the State Public Employment Service (SEPE) has issued a Resolution on October 19, 2026, modifying the previous delegation of competencies established in 2008. This regulatory update specifically addresses the management of active employment policies, particularly regarding the new Tándem experiential employment and training programs introduced under Royal Decree 1248/2024. The modification aims to streamline administrative processes by decentralizing the authority to resolve participant expulsions to the Provincial Directorates within their respective territories.

What changes

The core of this Resolution is the modification of the delegation of competencies previously held by the central Directorate General. According to the new text, the authority to resolve expulsion procedures for individuals participating in the training stage of Tándem experiential employment and training programs is now expressly attributed to the Provincial Directorates (art. Primero.Uno).

This is not a discretionary power; the Resolution establishes a strict procedural framework that must be followed to ensure legal certainty and the protection of individual rights. Specifically, any resolution regarding expulsion must meet the following requirements (art. Primero.Uno):

• Motivation: The resolution must be reasoned and provide the legal and factual grounds for the decision.
• Prior Proposal: The decision cannot be taken unilaterally by the administration; it requires a formal proposal from the promoting entity.
• Right to a Hearing: The interested party must be granted a hearing (audiencia) to present their defense before the final decision is made.
• Mixed Group Agreement: The resolution must also align with the agreement of the mixed group, in accordance with the specific regulations of the program and Law 39/2015 on Common Administrative Procedure.

Context

To understand this change, it is necessary to look at the evolution of Spanish employment policies. The original delegation of competencies was established by the Resolution of October 6, 2008 (BOE-A-2008-16475). However, the landscape of active employment policies has shifted significantly since then. The introduction of Royal Decree 818/2021 provided a systematic organization of common activation programs and regulated experiential employment and training programs.

The most recent and decisive shift came with Royal Decree 1248/2024, which consolidated the "Tándem" terminology. These programs are part of the investments under Component 23 of the Recovery, Transformation, and Resilience Plan, aimed at creating dynamic, resilient, and inclusive labor markets. Because these Tándem programs involve new management needs and specific territorial implementations, the 2008 framework became obsolete. This new Resolution modifies the 2008 framework to align it with the current legal reality established by Law 40/2015 on the Legal Regime of the Public Sector and the specificities of the Tándem model.

Who is affected and how

This regulation has specific implications for different profiles involved in the employment and training ecosystem:

Program Participants

Individuals currently enrolled in the training stage of Tándem experiential employment and training programs (as defined in articles 30 to 35 of Royal Decree 818/2021) are the primary subjects of this rule. While the rule grants the administration the power to expel, it also strengthens their legal protections. Participants are now explicitly guaranteed the right to a hearing and a motivated decision, ensuring that any expulsion is not an arbitrary act but a formal administrative procedure that can be legally challenged if the requirements of Law 39/2015 are not met.

Promoting Entities

The entities responsible for promoting and managing these programs (such as training centers or social organizations) face a new procedural obligation. They no longer simply report an incident; they must formally submit a proposal for expulsion to the Provincial Directorate. This means the entity must compile sufficient evidence and documentation to justify the participant's non-compliance, as the Provincial Directorate will act based on this proposal.

Provincial Directorates of SEPE

The administrative burden and responsibility are shifted to the Provincial Directorates. They are now the competent bodies to resolve these files within their territorial scope. This requires the Provincial Directorates to ensure that their staff is trained in the specificities of the Tándem programs and the rigorous requirements of the administrative procedure to avoid future legal appeals due to procedural errors.

What to do and when

This Resolution does not impose new direct obligations or deadlines on private companies or individual participants in terms of registration or compliance; rather, it defines the administrative procedure that the State will follow. However, for those involved in the Tándem programs, the following should be noted:

• For Participants: If you receive a notification regarding a potential expulsion, you must exercise your right to a hearing immediately. Ensure that your defense is submitted within the timeframes established by Law 39/2015 for administrative procedures.
• For Promoting Entities: Ensure that all expulsion proposals are meticulously documented and submitted to the corresponding Provincial Directorate, following the specific regulations of the Tándem program to avoid the rejection of the proposal due to lack of formal requirements.
• Effective Date: These changes are already in effect, as the Resolution entered into force on the day of its publication in the BOE (art. Segundo).

Given the complexity of administrative procedures and the impact that an expulsion can have on an individual's professional training and future employment prospects, we recommend consulting with the relevant area at BMC to evaluate any specific case or administrative notification received.