Special agreement during the situation of special contributor status as a result of legal strike or employers lockout

Please follow the link to the Processes and Procedures section to see a simplified version.

Who can sign it?

Workers who have special active contributor status as a result of legal strike or lockout.

The situation of workers who sign the Special Agreement will continue to be that of special active contributor status for the purposes of the set of protective actions of the Regime in question.

The aim of this Special Agreement will be to complete the contribution bases corresponding to the contingencies of permanent disability and death and survival, stemming from common illness and non work-related injury, retirement and social services during a period of legal strike or employer's lockout.

Application and application deadline

The Special Agreement application will be made by presenting the corresponding form (form TA-0040) , before the Provincial Directorate of the General Treasury of the Social Security or its office corresponding to the applicant's address.

-There are two deadlines:

*  90 days following the cessation or situation determining the special agreement.

Requirements

Accreditation of the contribution period prior to the application for the same will not be required.

Effective dates

If the special agreement application was submitted within the 90 natural days following the date of employment termination or in the situation determined by the subscription to the special agreement, it takes effect from the day following the day on which the termination in the corresponding Scheme takes effect, except when the applicant opts for it to take effect for the date on which the application was submitted.

If the agreement application was submitted outside the 90-day period, it takes effect from the date on which the application was submitted.

Contribution

The contribution base is determined in accordance with the following rules:

In cases of total legal strike or legal employer's lockout, the daily contribution base will be the average of the contribution bases which the worker has been contributing during the month prior to the date the total strike or employer's lockout began.

In cases of partial strike, the daily contribution base will be the difference between the contribution base as calculated in the point above and the base contributed daily by the worker during this situation.

The calculation of the payment to be deposited will be made in accordance with that generally established in the General Regulation section.

Others

In all those areas not specified in article 18 of Order TAS/2865/2003 of 13 October, this special agreement is governed by the general regulations.

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