Y SEGURIDAD SOCIAL
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Social Security General Regime
Affiliation applications must be filed prior to the start of the rendering of services by the worker, but in no case more than sixty calendar days prior to the expected starting date thereof.
In the exceptional cases in which said starting date cannot be anticipated, should the preceding day or days be non-working, or the rendering of services start at similarly non-working hours, they must be submitted, prior to the start of the rendering of services, by telegram, fax, or any other electronic, computer, or telematic means.
The affiliation, termination of affiliation, and data change notices are performed in accordance with the specifications for the General Regime.
The Provincial Office of the Treasury General of the Social Security, or an Administration office thereof, shall issue a book of performance certificates in the affiliated worker's name.
Upon termination of the rendering of services, the artist shall request that the employer fill in two copies of the certificate.
The artist must submit a copy of the certificate to the Provincial Office of the Treasury General of the Social Security or Administration office thereof, where he or she is registered, within the first fifteen days of the month of January on the year following the one in which said performances take place.
The other copy of the certificate shall remain in the employer's possession for his or her monthly filings jointly with the payment assessments.
Census of Active Bullfighting Professionals
Each year, within the first fifteen days of the month of January, bullfighting professionals must file, at the Provincial Office of the Treasury General of the Social Security or an Administration thereof, a statement of continuance in professional activity during the bullfighting season corresponding to said year, in order to be included within the Census of Active Bullfighting Professionals.
Inclusion within the Census of Active Workers and continuance therein shall exempt the companies from the obligation to give notice of the bullfighting professionals' affiliation and termination of affiliation for each spectacle in which they participate. Consequently, this collective is not subject to successive affiliations and terminations of affiliation, nor, as a result, the obligation to file, for this purpose, form TA-2/S (successive affiliations and terminations of affiliation form). Nevertheless, they must notify of the changes in their identification data (address, etc.) for purposes of updating the Census of Active Workers.
The continuance of professional activity shall be recognised when the bullfighting professional can provide proof, with any type of evidence and, particularly, by submitting certificates of performances, of having participated in at least eight bullfighting spectacles during the year preceding the one to which the statement of continuance refers.
Proof of continuance and the corresponding inclusion within the Census of Active Workers shall lead to the worker being considered in active contributor status, for all purposes, during the calendar year.
In the case of bullfighting professionals who are initiating their professional activity, or those who have not participated in eight spectacles during the preceding year, inclusion within the Census shall become effective from the date of their first performance.
When the statement of continuance is filed after 15th January of each year, inclusion within the Census of Active Workers shall only become effective from the same day in which the first performance by the bullfighting professional takes place.
Failure to file the statement of continuance prior to 15th January of each year shall lead to the bullfighting professional's automatic termination of affiliation, effective 1st January of said year.
Intermittent-permanent workers employed by market and public opinion studies companies
The affiliation and termination of affiliation applications by intermittent-permanent workers for the definitive start or termination of their labour relationship with the company shall be filed by the employer, in accordance with the common rules specified in the Social Security General Regime. The same criterion must be followed in relation to data changes.
In addition to these obligations, employers shall file, within the first ten days of each month, a list of their intermittent-permanent employees, specifying the days in which they have rendered their services during the preceding month and the total number of days they have worked in said month.
Intermittent-permanent workers employed by cinemas, dance-halls, night-clubs, and discotheques
The companies shall file, during the first five calendar days of each month, an affiliation report, which shall contain the following data:
Name list of the workers included within the field of application.
Fixed working days each week during said period.
The affiliation of those workers who become incorporated subsequent to the submission of the monthly report, as well as the workers' terminations of affiliation and changes, shall be governed by the General Regime common rules.
Fresh tomatoes handling and packing, performed by exporter-harvesters
The Fruit and Vegetable Products Professional Associations shall process the workers' affiliations and terminations of affiliation they receive from the employers, in order to notify the Provincial Office of the Treasury General of the Social Security or its Offices.
Employers shall process their workers' terminations of affiliation at the end of the respective seasons, regardless of those they have notified during the season itself.
Likewise, they must grant the corresponding terminations of affiliation when, albeit at the service of the same employer, workers go on to work in a different campaign than the one which produced their affiliation.
Extraordinary hotel industry services
The rules governing affiliations and terminations of affiliation shall be same as in the General Regime.
This Special Regime's specificity lies in the fact that successive affiliations and terminations of affiliation within the season shall not be subject to notification.
Fruit, Vegetables and Canned Vegetable Industry
- Affiliations and terminations of affiliation at the start and end of the season
The affiliations and terminations of affiliation at the start and end of the season must be notified by the employer, within a maximum period of five calendar days from the start or termination of work, by means of a document referring to all the affected workers.
Affiliations at the start of the season may be filed through computer, electronic, or telematic means (ON-LINE Automatic Data Transfer System). This, however, shall not be valid for the successive affiliations and terminations of affiliation within the season, nor for definitive termination of affiliation.
- Affiliations and terminations of affiliation in successive seasons
The successive affiliations and terminations of affiliation between affiliation at the start of the season and final termination of affiliation must be notified by the employer, prior to the end of the month following the one in which they take place, by means of a document referring to all the affected workers.
Agricultural CAC Applications for acquisition and termination of active contributor status shall be submitted prior to the worker starting to provide services. However, under no circumstances may this be more than 60 days prior to the planned date for the start of said service provision.
If temporary or permanent-intermittent workers are hired on the same day as that on which the service provision begins, the active contributor status application can be submitted until 12:00 of said day, if it has not been possible to submit it beforehand. If the working day ends before 12:00, the active contributor status application must be submitted before that time.
Inclusion. To be included in the Special Agricultural System-Inactivity, you need to have completed a minimum of 30 actual days over the previous 365. The effects of contributions during the periods of inactivity shall start as of the first day of the month after the end of the agricultural activity.
Removal. Removal from the Special Agricultural System-Inactivity can take place upon the request of the worker (Form TA0161) in which case the effects are from the first day of the month after the application.
The worker could also request removal from the Special Agricultural System-Inactivity if at the time they carry out another activity that determines active contributor status in a Social Security Scheme or they acquire assimilated contributor status which is compatible with eligibility to maternity, paternity, retirement and permanent disability benefits, as well as death and survival benefits arising from common contingencies.
Removal also takes place automatically:
- When the worker has not done a minimum of 30 actual days over the previous 365, with the effects starting on the first day of the month after notification of the decision.
- Due to failing to make 2 consecutive monthly payments for periods of inactivity, with the effects starting, generally, on the 1st day of the month after the second missed monthly payment.
Reincorporation. After having been removed from the Special Agricultural Scheme-Inactivity, reincorporation takes place when the following general requirements are fulfilled:
- Having completed a minimum of 30 actual working days within a continuous period of 365 days.
- Being up-to-date with the payment of contributions for periods of inactivity.
The effects of reincorporation into the Special System are:
- If the removal took place voluntarily, from the first day of the month after that of the submission of the reincorporation application (Form TA0161).
- If the worker previously had active contributor status or assimilated contributor status in another scheme and submits the application within the three months after the end of the aforementioned activity or assimilated contributor status, they may opt for the effects to start from date the activity or assimilated contributor status ended or from the month after that in which the application was submitted.
- If the removal took place automatically due to not having completed the required number of actual working days, from the first day of the month after said requirement has been met.
- If the removal took place automatically due to failing to pay in the contributions for periods of inactivity, from the first day of the month after the submission of the reincorporation application, unless the worker opts for the effects to start on the first day of the month in which contributions are paid in.
The self-employed worker registration application form will be submitted before the start of the employment contract in accordance with the rules set out in the General Social Security Scheme, and the employer or head of the family is responsible for presenting it.
However, domestic employees employed for less than 60 hours a month per employer may, subject to the agreement of their employer, assume the obligations of placement, registration, removal and changes in data in the Special Scheme within the same terms as those indicated in the preceding section.
The application form may be presented in person to the Provincial or Administrative Offices of the Social Security Treasury General or, if you have a digital certificate, the form should be submitted using the new services for Registration, deregistration and changes in data of workers in the Special Scheme for Domestic Employees, in the e-Office.