European Social Security Agreement

Coming into force

The European Social Security Agreement and the Supplementary Agreement on its implementation were signed in Paris on 14 December 1972. The Instrument Ratifying the European Social Security Agreement was published in the Official State Gazette on 12 November 1986 and came into force on 25 April 1986.

The countries that belong to the Agreement or have ratified it are: Austria, Belgium, Denmark, Spain, Italy, Luxembourg, the Netherlands, Portugal and Turkey.

Displaced workers

As a general rule, workers who move abroad are subject to the Social Security legislation of the country where they are working. However, if this is a temporary transfer, they can remain under Spanish legislation under the terms and requirements given below.

This applies to workers who are citizens of the following countries: Austria, Belgium, Spain, Italy, Luxembourg, the Netherlands, Portugal and Turkey.

Initial move

For the transfer of:

  • Salaried workers included in the General Scheme
  • Salaried workers in the Special Scheme for Sea Workers
  • Self-employed workers (Some cases)

They should apply to a Provincial or Administrative Office of the General Treasury of the Social Security for a certificate stating that the worker remains subject to Spanish Social Security legislation.

Form

The company or worker must make the application on form TA-200  "Application to remain under Spanish Social Security legislation - Initial postings" together with form CE.1* "Certificate of temporary posting", filled out in triplicate. When self-employed workers are making a transfer, they must also present a memo from the Turkish Social Security stating that in that country there is no specific legislation for self-employed workers.

The certificate certifies that the worker continues to be subject to Spanish Social Security legislation during his or her stay in that country and therefore is exempt from Turkish Social Security contributions.

Period of authorisation.

The maximum length of time for the transfer is twelve months.

Ordinary extension

Only for workers employed by another person in the Special Scheme for Sea Workers.

If the posting is expected to be for longer than the initially planned and authorised twelve months, the employer must apply, far enough in advance, for an extension from the General Sub-Directorate for Affiliation, Contributions and Management of the RED System of the General Treasury of the Social Security.

Form

The application for an extension must be made on form TA-202  "Application to remain under Spanish Social Security legislation in accordance with |art. 17 of EEC Regulation 1408/71 and other extensions of Bilateral Agreements" together with form CE.2  filled in four copies.

After checking that the form is correctly filled in, take it to the local link office in Turkey to be approved.

This form is issued by the Turkish Social Security to certify that the worker continues to be subject to Spanish Social Security legislation for the period of time authorised.


Period of authorisation

The Agreement does not set a time limit for the extension.

Other transfers

The Provincial or Administrative Offices of the Social Security Treasury General.

Are the bodies with the power to authorise transfers for:

  • Salaried international transport workers included in the General Scheme.

    They should apply to a Provincial or Administrative Office of the General Treasury of the Social Security for a certificate stating that the worker remains subject to Spanish Social Security legislation. The company must make the application on form TA-200.

    After checking that the worker is currently affiliated to the Social Security, the competent Provincial or Administrative Office will issue form CE.1* "Certificate of temporary posting", for the full duration of the posting.
  • Self-employed workers.

    Self-employed workers who work in these two countries will remain under Spanish Social Security legislation if they are Spanish residents.

    Each year, the competent Provincial Directorate or Administrative Office will issue form CE.1* "Certificate of temporary posting", for as long as they have their residence in Spain.

General Sub-Directorate for Affiliation, Contributions and Managmenet of the RED System.

Personnel of diplomatic missions and consular offices:

Spanish citizens who work in Spanish diplomatic missions or consular offices in Turkey who opt for Spanish Social Security legislation, will request that the General Trerasury of the Social Security (General Sub-Directorate for Affiliation, Contributions and Management of the RED System), issues form (E/C.EUR.3(Cert)) "Certificate of applicable legislation.-Right to choose", which certifies that they remain under Spanish Social Security legislation while working at the diplomatic mission or consular office or while they are in the private service of members of the mission or post.

This right to choose can only be used once, in the three months after the date on which the worker was hired by the diplomatic mission or consular office or started to work in the private service of representatives of said mission or office.

 
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