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Beneficiaries/Requirements

Is it possible for a striking worker to receive temporary disability benefit?

If the worker goes on sick leave before the legal strike, they will continue to receive the temporary disability benefit; this shall also apply in the event of a lockout.

However, if the worker goes on sick leave while the legal strike or lockout is in progress, he/she will not receive the benefit until either the strike or lockout has finished. Nonetheless, if the temporary disability is caused by a work-related injury, the benefit will be awarded and paid.

If the strike is considered illegal, the worker will not be entitled to the benefit and will continue to be refused the benefit even if he/she become affiliated to the scheme in question.

Is it possible to receive a temporary disability as a result of the Special Agreement situation?

Does not apply, when not contributing for this contingency in the Special Agreement situation, except for members and senators of the general courts, European parliament members and members of CCAA parliaments and governments.

If the worker has to pay the contributions, are contributions that are prescribed and made outside of the time frame for reaching the minimum contribution period calculated?

Unpaid and/or prescribed contributions are not calculated.

Late contributions will only be valid if they were paid prior to the month of the causal event or, if afterwards, were made within the regulatory period or by virtue of the deferral or instalment granted before the causal event.

Is it always necessary for the worker to be up to date with paying contributions?

The worker responsible for paying the contributions will need to be up-to-date with payments, even if the benefit has been recognized as a result of the reciprocal calculation, in a scheme for workers employed by another person.

For the purposes of whether there is a requirement or not for the worker having to be up-to-date, the last scheme which they were affiliated to will be taken into account before making the benefit:

  • If in their last scheme the worker was the person responsible for making the payment, they must have no outstanding debt in any schemes to which they belonged previously to be entitled to the benefit.

  • If in their last scheme the worker was not the person responsible for making the payment, but has belonged to another scheme in which they were, they will be required to be up to date only if the contributions to other schemes affect access to the benefit or its amount.

If the worker obliged to pay the contributions has the minimum contribution period covered, but is not up to date with the payment of these contributions, will they be invited to make the payment?

If the worker was not up-to-date with Social Security contribution payments, the application will be rejected and he/she will be invited to make payments.

If, within a period of 30 days effective the date of receipt of the notification, a payment is made to the Treasury General of the Social Security of the amount required to fulfil this requirement, the worker will be considered as being up-to-date and the allowance will be acknowledged.

However, if payment is made after the 30-day period expires, but within the expiration period of 5 years,  the allowance will be paid from the date on which the benefit takes effect, reduced by 20%.

What happens if the worker suffers a work-related injury or an occupational disease in an activity and is in multiple employment or multiple activity?

If a work-related injury is caused by a particular activity and the worker, due to their pluri-employment or pluri-activity, is in another company or under another Social Security Scheme, the payments will be recognised in the following way:

a) If the other activity or job is as an employee, it will be considered as a occupational accident.

b) If the other activity is as a self-employed worker:

  • If it is an accident, it will be considered as a non-work-related injury.

c) If the other activity is as a self-employed worker, and the worker has not opted for work-related contingency cover:

  • If it is a disease covered as a work-related injury (heart attack), it will be considered a common disease.

c) If the other activity is as a self-employed worker, and the worker has opted for work-related contingency cover:

  • If it is a disease covered as a work-related injury (heart attack), it will be considered as a work-related injury. Work-related diseases are considered work-related injuries, as long as work-related contingencies are covered in the special scheme for self-employed workers and the concept established for them in article 3.2.c) of Royal Decree 1273/2003 corresponds to that of article 115.2.e) of the General Social Security Act.

 

PART-TIME WORKERS AND RECIPIENTS OF UNEMPLOYMENT BENEFITS

Work-related injuries suffered by part-time workers who are also recipients of unemployment benefits will be considered as such due to the part-time job but will be derived from common injuries from the point of view of receiving unemployment benefits, as in these types of situation, contribution to Social  Security does not include the payments corresponding to work-related injuries and occupational diseases.

Is a worker with a part-time contract who does not work every day entitled to TD benefit? And what happens if an intermittent-permanent employee who is not working goes on sick leave?

Part-time workers are affiliated to Social Security for all the days in their contract so that if they were to go on sick leave on a non-working day, the |TD  would come into effect as if they were a full-time worker.

If the triggering event for the TD occurs during periods of inactivity, the benefit will not be paid. It is an assimilated contributor situation, and the benefit is paid by the company at the beginning of the campaign as a delegated payment according to the relevant percentage. The calculation of the temporary disability period starts from the sick leave date.

How is the maximum contribution period required for receiving temporary disability calculated for part-time workers?

Theoretical contribution days are calculated by dividing the number of hours actually worked by 5, which is equivalent to 1826 hours a year.

The 5 year period covering the contributions is extended by the same amount by which the work day of the job actually carried out is reduced.

Is it possible to calculate the contribution days to obtain the minimum contribution period for temporary disability recognition?

To obtain the contribution period required (180 days in the 5 years immediately prior to the date of the causal event) and in addition to the contributions actually made or those expressly assimilated to them, the contribution days or the proportional part of extra payments are also calculable, except payments made by virtue of a training contract, as contributions in this case will be made based on a fixed amount in which the proportional part of the extra payments will not be distributed proportionately.

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