Children under 18 years old, or adults with a degree of disability greater than or equal to 65% who have been abandoned by their parents, as long as they are not in a foster care scheme, can be beneficiaries of the financial allocation per dependent child or foster child.
That which absolutely disables a worker to perform any work or trade. Pension for this type of disability is 100% of the regulatory base.
Within the activities in place to prevent unemployment and with the financial regime and determined management by the General Law on the Social Security, specific aid has been established called active insertion income. It directed towards the unemployed with special economic needs and who experience difficulties in finding employment. It involves a commitment on their part to carry out actions that favour their work insertion.
Commitment acquired by the requester or beneficiary of the unemployment benefits to actively seek employment, accept adequate employment and participate in specific motivational, informative, guidance, training, retraining or professional insertion activities to increase his/her employability.
In general, it is the profession demanded by the employee which also corresponds with his/her habitual profession or any other that is adapted to his/her physical and educational aptitudes. In any case, adequate employment is any that coincides with the last job held, as long as the duration was equal to or greater than three months.
An administrative act which decides on questions posed by the interested parties before the Administration.
A set of actions and processes governed by the law, aimed at the formulation of acts of Public Administrations on matters which are their responsibility.
Legal act by which parental authority is granted over a minor, creating legal relationship ties which are similar to filiation.
The managing Bodies, Social Security Mutual Society Partners or, if appropriate, the common Services, according to their respective competencies, will pay the benefits to the beneficiaries in the event of noncompliance with legally determined affiliation, registrations, deregistrations and contributions, with the consequent subrogation in the rights and claims of such beneficiaries; the indicated payment will be made, even when it involves defunct businesses or those that by their special nature cannot be subject to enforcement proceedings. Likewise, the aforementioned managing Bodies, Mutual Societies and Common Services will be responsible for making the benefit payments insofar as said payments do not fall under the scope of the employer responsibility.
Under no circumstances may the advance benefit payment exceed two and a half times the amount of the public indicator of multiple effect income in force at the time of the triggering event or, where appropriate, the amount of the capital cost required for the advance payment, with the limit indicated by the managing Bodies, Mutual Societies and Common Services.
The number which the Treasury General of the Social Securityassigns to the worker, whether he is an employee or self-employed, when they make the initial inscription in the Social Security. It lasts for life and is unique for the Social Security throughout the national territory.
Employees and assimilated workers, within the scope of application of the schemes of the Social Security System, shall be considered, with full rights, to be in a situation of affiliation with these schemes, for the purposes of work-related injuries and occupational diseases and unemployment, even if their employer has not met any of their obligations in this regard. Also applicable for the exclusive purposes of health care assistance for common diseases, maternity, risk during pregnancy and non-work-related injuries. This type of affiliation is known as "assumed affiliation".
In EU Law, measures aimed at a specific group, which are aimed at suppressing and preventing discrimination or paying compensation for disadvantages resulting from attitudes, behaviour, and existing structures (sometimes called "positive discrimination").
(The Constitutional Court Ruling 28/1992, aims to define the positive actions of protective measures, stating to this effect that "prohibiting sexual discrimination allows the existence of specific measures favouring women, which try to balance out the unequal starting point, such as positive action measures or the like, but at the same time in principle it requires the removal of the protective regulations for female workers, which may be an obstacle for women genuinely getting a job with the same working conditions as with men". In this way, a concept of equality is created that allows reasonable unequal treatment to achieve effective equality, considering that formal equality has already been achieved).
The time that has passed from the birth of a person to a particular date which affects their inclusion in the scope of application of the Social Security schemes, as well as their entitlement to permanent disability, retirement, orphan's and family protection benefits, |etc. .
The retirement age is reduced by a period equal to the result of applying coefficients based on established scales to the period of time actually worked in specific occupational categories and specialities (due to their danger, toxicity, ill-health, disability |etc.). (For example, 10 years as a face worker in a coal mine would allow for a 5-year reduction, -0.50 coefficient-, from the age of 65 for retirement and, therefore, the worker would be eligible for the pension at the real age of 60 or the fictitious age of 65). Additionally, the amount of time that the worker's retirement age is reduced is considered as contributory for the purpose of determining the percentage applicable to the base pension.
These are reductions in payments for social contributions resulting from the application of certain percentages, for corrections lowering bases, rates or contributions. They are distinguished by:
Reductions: are measures that seek effective standardisation, gradual unification, or to establish incentives that favour the sustainability and goals of the Social Security System. In terms of funding, the reductions mean lower income for the Social Security System, without any budgetary application covering them or compensating for them.
Allowances: these are measures that promote employment which seek to incentivise or promote economic activity and employment in general or in specific sectors, or the hiring of specific groups (e.g. people with disabilities) regardless of the goals and functions of Social Security. With regards to funding, contribution allowances correspond to items in the Spending Budget of the Public Service of State Employment or to other General State Budget items
Special appeal against the expressly provided resolutions and for the reasons set forth by law, whose purpose is to control the application of the law exercised by the claims courts and to create jurisprudence doctrine, thereby unifying inconsistent criteria, as well as to ensure that constitutional guaranties are respected in the proceedings.
The Supreme Court is the body judging the Appeal for annulment for the unification of doctrine. A simple Appeal for annulment may be brought to the attention of the Supreme Court of justice when the matter relates to fuero law.
Special appeal by which the doctrine of the judgements passed by the Civil Courts of the Superior Justice Tribunals are unified, when contradictory judgements have been passed on identical situations.
A claim made before an administrative organism or before a judge or court regarding a decision given or before another higher court, in order to overturn the judgement when a party is not in agreement with it.
For female workers requesting contributory retirement and permanent disability pensions from any Social Security scheme, a total of 112 full contribution days are calculated for each single child birth and 14 additional days for each child after the second, inclusive, in the event of a multiple birth, unless if, as a result of being a worker or civil servant at the time of birth, they had made contributions for the entire 16 week period or, in the event of a multiple birth, the relevant time period.
(See "Situation assimilated to affiliation")
In Community Law, the institution with which the person concerned is insured at the time of the application for benefit; the institution from which the person concerned is entitled or would be entitled to benefits if he or a member or members of his family were resident in the territory of the Member State in which the institution is situated; the institution designated by the corresponding authority of the Member State concerned.
Application of a new law to situations before it came into force, in order to be more beneficial for the interested party.
Parity regarding the presence of women and men so that, in the whole to which it refers, the persons of each sex do not exceed sixty percent and are no less than forty percent.
This is one of the factors used to calculate Social Security economic benefits, consisting of determining an amount or obtaining a result through a calculation formula which is determined by the base amounts according to which the contributions were made during the periods indicated for each benefit. The percentages indicated are then applied for each of the economic benefits, thus obtaining the final amount to be received by the beneficiary.
Basic tasks that enable a person to manage with a minimum level of autonomy and independence, such as personal care, basic domestic tasks, etc.
The entitlement to be granted the benefit expires five years after the time of the triggering event, without prejudice to exceptions provided for by law and which the effects of being granting the benefit arise as of three months prior to the date on which the application is submitted. The right to retirement and death and survival benefits does not expire, except in certain exceptional circumstances.
A benefit that is granted to the parents, adoptive parents or foster parents, both pre-adoptive or permanent, in those cases in which both parents work, for the care of any dependent children who are affected by cancer or another serious illness requiring long-term hospital admission, for the duration of the hospitalisation and ongoing treatment of the illness, which has been proven by a report from the Public Health Service or another administrative health body of the relevant Autonomous Community.
Protection mechanism that consists of a welfare pension for Spanish citizens living in countries where the insecurity of the social welfare system justifies the existence of need benefits, once they return to Spain.
Subsidies for supporting third parties were withdrawn by Law 26/1990 (current Temporary Provision Eleven of Royal Legislative Decree 1/1994, which approves the Consolidated Text of the General Social Security Act), maintaining the recognised rights of beneficiaries under the terms and conditions set forth in their specific regulating legislation. But, of course, new recognitions are not possible, only those whose rights were recognised before they were withdrawn may continue to receive these subsidies.
This is a periodic economic benefit aimed at disabled adults affected by a disability equal to or greater than 75%, with no economic means and who, due to anatomical or functional losses, need the care of another person for the most basic daily activities such as dressing, travelling, eating or similar.
General principle established by law, according to which benefits are not compatible with each other if they coexist in the same beneficiary, except when laws or regulations expressively allow them to coexist. When this happens, the worker may only benefit from one of them. Incompatibility may also arise between a benefit and a job (either for wages or self-employment), in which case the benefits may not be collected while any work or activity that causes the worker to be registered under a public scheme of the Social Security is being carried out.
Employees, their family members, or other persons determined by law or regulation to whom the Social Security benefit corresponds.
This is the percentage increase (between 30% and 50%) that is applied to financial benefits arising from professional risks, if there has been a lack of measures for the prevention of occupational risks set forth in the regulations of the social order. The offending business person is responsible for the surcharge.
These are benefits acknowledged whose payment has not been made to the beneficiary, either due to the death of the beneficiary or because the beneficiary has not come forward to make them effective. In the first case, the payment is made to the heirs under civil law, generally by means of a procedure held at the Provincial Directorate of the INSS. In the second case the right to receive the benefit expires one year after it is due.
For this benefit, included in additional provision sixty of the General Social Security Act, for all purposes except for compliance with the minimum contribution period required, the period of interrupted contribution will be calculated as contributed in the case of termination of employment or termination of unemployment benefits taking place between nine months before the birth or three months before permanent adoption or foster care, and the end of the sixth year after this situation. This calculation will be 112 days per child or minor adopted or fostered. This period will increase annually up to 270 days per child in 2019. Only one parent will be recognised for this benefit
(See “Maternity Leave”)
The obligation of Social Security Mutual Society Partners and of companies declared to be liable for the payment of pensions and other Social Security economic benefits of a periodic nature arising from both common contingencies and work-related injuries and occupational diseases, to deposit the capital-cost of pensions in the Social Security General Treasury, including payment of the capitalisation interest and all surcharges that may be applicable.
Financial benefit for parents, adoptive parents and guardians for adoption or permanent fostering, in those cases in which both work, for the care of a dependent minor affected by cancer or another serious illness that requires long-term hospitalisation. It requires a reduction in working hours of at least 50% to carry out the direct, continuous and permanent care of the minor. The benefit consists of 100% of the regulatory base for temporary disability arising from occupational contingencies, in proportion to the reduction in working hours.
The triggering event of a benefit is that which gives rise to a contingency or protected situation as established by law or regulations on a given date (e.g. death is the triggering event for a widow's pension, meeting retirement age and ceasing work are triggering events for a retirement pension, |etc.).
A person who is included in the Social Security System and meets the requirements demanded in the contributive mode or non-contributive mode, and therefore the State guarantees that the Social Security System will provide suitable protection for the individual and his family members or assimilated who are in his charge to face the contingencies and in the situations included in the law.
Authorisation given by the Central Treasury for Social Security to companies that have offices in several provinces, so they may carry out certain administrative duties, related to contributions and revenue.
Declaration of the situation of permanent disability, issued by the National Institute of Social Security, through its agencies, and based on the mandatory report of the Disability Evaluation Teams, for the purpose of recognising cash benefits. The permanent disability is classified by the degrees of partial for the habitual occupation, complete for the habitual occupation, absolute for all work and severe invalidity.
Possibility of exercising a subjective public right to specific jurisdictional tutelage prior to the process, in reference to a specific legal interest, provided by law to request intervention by the competent bodies of the Judiciary.
Coal mining activities that are regulated, in certain specific aspects, by the Special Social Security Scheme for Coal Mining.
Financial activity by which the Treasury General of the Social Security receives the amount of the contributions at the authorised Collection Offices, through submitting the contribution documents and the paying the debt settlement.
Voluntary collection is when the debt settlement is paid within or outside the regulation period, but before the start of enforcement proceedings.
Enforced collection is carried out after the start of enforcement proceedings due to the expiry of the regulation periods with no payment being made.
They are financial institutions, other bodies or agents authorised by the Ministry of Employment and Social Security to collect Social Security funds and then deposit them in the Treasury General of the Social Security. Payments are mainly collected by banks and savings banks.
A contingency can be understood as a risk which, if it materialises, creates a situation of need that can be protected by the corresponding Social Security benefit.
Common contingencies are contingencies that are not related to carrying out work, whereas occupational contingencies arise either directly or indirectly from work. Thus, common diseases and non work-related injuries are included as common contingencies, since they are not in any way related to work. Work-related injuries and occupational diseases are included among occupational contingencies, since they are related to carrying out a job or work. Based on the Law of Effective Equality of Men and Women, risk during pregnancy and breastfeeding will also be considered as occupational diseases, because the risk is related to performing a specific job post and, if they did not have this job, there would be no risk.
Health disorder that does not qualify as a non/work related injury, work-related injury or occupational disease.
For the purposes of death and survival benefits, it is a partnership formed, with a similar emotional relationship to marriage, by persons who are not prevented from entering into marriage, are not married to another person and have proved, using the registration certificate, uninterrupted cohabitation for at least five years prior to the death. The existence of a common-law marriage is proved using a registration certificate from any of the specific registries in the Autonomous Communities or Town Councils in the place of residence or using a public record stating the existence of said marriage. Both the aforementioned registration and the signing of the relevant public record must have taken place at least two years prior to the death of the originator.
Motivated act, from the European Parliament and Council jointly, from the Council or from the Commission, which obligates the target member State to achieve certain, leaving the national authorities to select the ways and means.
A regulation with a general scope, which is compulsory in all its facets and is directly applicable in each member State. It produces effects without the intervention of the national authorities and can be quoted by private individuals in their judicial relationships.
Any company with 1,000 or more employees distributed across different Member States, if in at least two of these Member States, the company staff is 150 employees or more (for each one).
Document issued by the employer as proof of the time worked and the contributions made by the employee.
Administrative decision of the Treasury General of the Social Security, upon the request of an employer, which registers the employer or the employer's company with the Social Security System and will be valid for as long as the individual is alive or the legal entity exists. As a result of the registration of the company, the Treasury General of the Social Security allocates it an identification number known as a «Contribution Account Code».
Legal option of collecting two benefits simultaneously (for example, widow's and retirement pensions) or regular or self-employment with a benefit (such as employment with widow's pension).
b) Means of partially or entirely settling debts to Social Security other than fees and other joint collection items, with credits that have been recognised, settled and notified by the Social Security Administration in favour of the debtor. This is necessary in order for the General Director of the Social Security Treasury General to reach a decision
A financial benefit that is payable in a single payment, according to an established scale, as a result of non-disabling permanent injuries arising from occupational contingencies, which do not reach a degree of disability.
In accordance with civil law, the compensation that the spouse in good faith whose marriage has been declared void is entitled to, as long as they lived together as husband and wife. In the event of death, the entitlement to the widowhood pension corresponds to the survivor who has been recognised as being entitled to the compensation, as long as they have not remarried or formed part of a common-law marriage.
Chart that lists the permanent injuries, mutilations and deformities caused by work-related injury or professional illness which, without being considered a permanent disability, result in a reduction or alteration of the worker's physical integrity, and the lump sum compensations corresponding to each of them.
Compensation that consists of a temporary or permanent pension, or a lump sum payment, as stated in the separation agreement or ruling, which is paid to the spouse who as a result of the divorce or separation has a disadvantaged financial situation in comparison to the other spouse, which implies a worsening of their previous situation in the marriage.
It designates any person or body to whom the law attributes competence in a certain subject, for each member State, the minister or ministers, or any other corresponding authority upon which the Social Security schemes depend for the whole of the State in question.
The member state where the authorised institution is located.
Extra hours of work that were agreed with the worker, such as additions to the regular hours that are established for a part-time contract, according to the legal scheme that is established in the Statute of Workers' Rights and if applicable, in the collective agreements of the sector or lower organisms. They are ruled by specific regulations.
In the 1939, Workers' Retirement was replaced by the Old Age Benefit; eight years later (1947) this benefit was replaced by the (SOVI) and finally, in 1995, widowhood protection was added. It is still currently in force, by virtue of a transitional regulation, for those who on 1 January 1967, whatever their age on that date, had covered the contribution period required by this insurance or who, otherwise, had been affiliated to the former Compulsory Worker Retirement Scheme, maintaining the right to receive benefits from the first of said insurance schemes, in accordance with the conditions stipulated by the legislation of said scheme, and as long as the interested parties are not entitled to a pension from any of the schemes in the Social Security system, with the exception of widowhood pension; these pensions include those of substitute organisations that have been included in the Social Security System.
Sharing of work and family responsibilities between men and women, which makes up a system that considers the new social relationships that have arisen (women joining the workforce, among others) and a new form of co-operation and commitment between women and men, which allows for a balanced distribution of responsibilities in professional and private life. This entails important legislative reforms (maternity and paternity leave, leaves of absence, reduction in the working day, |etc.) and the need to promote additional personal support services within the broad framework of family policy.
One which occurs each time the worker renews his/her labour activity in an occupation that requires inclusion in the Social Security System.
Qualification of the cause of the disability or death, which gives rise to a benefit regarding the recognition thereof, with the consequences that are derived from the same regarding the scope, content and management scheme of the protection provided. This competency belongs to the Management Entity, regardless of the entity that may cover the contingency.
Contribution to the Special Agricultural System by employers of agricultural workers. This consists of applying the contribution basis percentage or rate for every day worked, set annually.
Days corresponding to two compulsory extra payments, which are counted as effective days of contribution to complete the minimum contribution period required to access the entitlement to different benefits, with the exception of retirement.
Period of time needed to end a person's obligation to contribute to Social Security, established at four years.
The percentage applied to the contribution base in order to calculate Social Security contributions, which is set annually by law. For employees the contribution rate is divided between the employer and the employee, except for Work-Related Injuries and Occupational Diseases and those which are exclusively payable by the company (Wage Guarantee Fund).
A contributory obligation imposed upon employers and workers to sustain the economic Social Security burdens. A financial activity by virtue of which the liable individuals make financial contributions to the Social Security System.
In a more formal aspect, it consists of the determination of debt by liable persons through acts or calculations unrelated to the Social Security General Treasury, even though they may be made on forms printed by the same and carried out according to the regulations of the Ministry of Employment and Social Security. Its basic elements are the contribution base, contribution rate and the payment.
The contributions that each Social Security Mutual Society Partner makes to maintain Social Security Common and Social Services and which the Social Security General Treasury deducts when transferring the corresponding collection of monthly payments to each Mutual Society. It is calculated by applying a coefficient to these payments, which is set annually by the Ministry of Employment and Social Security.
The collaborating companies pay in these contributions alongside the payments.
Family benefit by which the first three years of leave for workers to care for each child or foster child, in the cases of permanent or pre-adoption foster care, even though they are provisional, will be considered as an effective contribution period for the purposes of Social Security benefits for retirement, permanent disability, death and survival, maternity and paternity.
The period considered as contributed, for the purpose of the benefits mentioned, shall be one year in the case of leave to care for other family members.
These terms apply, in general, to different types of benefits depending on whether or not the contributions to the Social Security System were used in the calculation of their amount. Contributory benefits are mostly of a professional nature, aimed at protecting workers making contributions, while non-contributory benefits are aimed at protecting persons who have proved a situation of shortage or insufficient resources and have never made contributions to the Social Security System, or who have not made sufficient contributions to access contributory benefits. The amount of non-contributory pensions and allowances are fixed annually in the General State Budget Act.
The protection provided by the Social Security System has two levels, the contributory or professional level and the non-contributory or welfare level, to comply with the principle of universality as established in art. 41 of the EC of 1978.
The protection provided by the Social Security System has two levels, the contributory or professional level and the non-contributory or welfare level, to comply with the principle of universality as established in art. 41 of the EC of 1978.
Voluntary involvement by companies in the social and environmental issues relating to their business operations and the relations with their representatives, which will be promoted by the State Council for Corporate Social Responsibility.
Registration arising when the TGSS is notified that a person who should be registered in the system, due to meeting the requirements, is not.
Order of preference in which a single debtor must repay different creditors.
Registered workers (and in some cases, unregistered workers as well), benefit recipients and pensioners may, upon their death, entitle their dependant relatives to the following benefits:
a) Death grant.
b) Life widowhood pension.
c) Temporary widowhood pension.
d) Orphan's pension.
e) Special lump-sum compensation, if the death has taken place due to a work-related injury or occupational disease.
f) A life pension or, where appropriate, a temporary benefit for family members.
This is one of the death and survival benefits, consisting of an lump-sum amount that for 2012 rises to 45.10 euros, and is updated from that year in accordance with the Consumer Price Index (CPI), to cover the funeral expenses for the person that bore them. It is assumed, unless otherwise proven, that said expenses have been paid in this order: by the surviving spouse, the survivor of the common law partner, children and relatives of the deceased who normally lived with him.
(See “Death Grant”)
Situation that arises due to the total or partial denial of the right to be heard and to defend oneself in a legal proceeding or a trial, causing true damages to the affected party. Defence opportunities are annulled or restricted by one of the parties with respect to the other without justification, during allegation or evidence proceedings.
Discretional administrative decision requested by a responsible subject by which the Treasury General of the Social Security can grant the deferment or payment by instalments of any type of debt with the Managing Bodies or Common Services of the Social Security, except for contributions for Work-Related Injuries and Occupational Diseases, in any event, and the contributions provided by workers when the subject responsible for paying them in is the employer.
Ordinary deferment is requested within the first twenty calendar days of the regulatory period and the responsible cannot make the payment within said period. Deferment is extraordinary in any other circumstance.
(See "Injury Compensation")
(See "Injury Compensation")
Technical criteria are used to determine the degree of disability, which are fixed according to a scale that specifies both the degree of disability of the disabled persons, and the additional social factors relating to their family setting, as well as their employment, educational and cultural situation, which make the social integration of these persons more difficult.
Different levels of reduction or limitation in the interested party's capacity to carry out work, which may constitute partial, total, absolute or serious permanent disability, which can entitle the person to receive benefits of various amounts.
Delay in the qualification of permanent disability in the event that the clinical situation of the worker makes it unadvisable, because the need for medical treatment continues due to the expectation of recovery or due to improvement of the worker's condition, with a view to their rejoining the work force. Said delay may not exceed the 24 months following the date when the temporary disability begins.
Method of compulsory collaboration consisting of the managing company delegating the benefit payment for temporary incapacity.
A person who lives with and depends economically on the worker or beneficiary of a benefit and who can attribute a larger amount to the aforementioned benefit (for example: complements for minimums in retirement and widow's pensions).
The status of persons who, for reasons related to a lack or loss of physical, mental or intellectual autonomy, require assistance and/or considerable assistance to perform common acts of daily life (European Council). In general, a situation of needing assistance from another person for the essential acts of life and communication with others.
Any alteration in the health of an individual that may cause pain, suffering or interference with day-to-day activities. Disability does not just mean a reduction in the physical condition of a person, but that the external environmental factors influence and affect their quality of life, since there is a direct relationship between the individual and their environment.
Decision making body composed of a number of different professionals, present in every Provincial Directorate of the INSS (except in those in Catalonia), whose function, among others, is to examine the disability situation of a worker and to send a decision-proposal (which is mandatory and non-binding) to the Provincial Director regarding the worker's inability or diminished ability to perform work, stating also whether a review is necessary and assessing whether it is a common or occupational disease, |etc.
Foreseeably permanent deficiencies that may cause this situation can be of a physical or psychological nature, whether congenital or not, that annul or modify the physical, psychological or sensorial capacity of the sufferer, and that may grant the right to a pension whose amount is determined in the corresponding yearly General State Budget Act, as long as there are no personal assets or income, according to the economic coexistence unit, in the terms established in the cited Law and as long as they have resided for a specific amount of time in Spain.
In the event of temporary disability, when the discharge proposal drawn up a Mutual Society was not resolved within the established time periods, the Mutual Society can choose to re-submit the proposal to the Public Health Service, or propose the medical discharge initiative to the medical services of the INSS. Likewise, if they choose to re-submit the initial proposal to the Public Health Service and again receive no reply, they can propose the medical discharge initiative to the medical services of the INSS.
In the event of temporary disability, the Managing Body or Mutual Society, in this latter case, in relation to situations of temporary disability arising from common contingencies, may draw up proposals as a result of medical discharge, through the medical services they are attached to or any other, when, upon seeing the medical discharge reports or the confirmation of sick leave, of the supplementary forms and the medical certificates issued for this purpose, it is deemed that the worker may be able to work.
Right of the beneficiary to choose his/her physician in the public health services in the cases recognised by regulation.
Workers in Spain who exclusively provide domestic services to one or more heads of household, at the residence where they live, and receive an income for these services, are therefore included in the scope of application of the Special Scheme for Domestic Employees.
Persons who have completed drug rehabilitation and who do not have a right to unemployment benefits may be beneficiaries of the unemployment subsidy in the cases established by the General Social Security Law.
This is granted in certain cases before reaching the legal age applicable in each case, with or without applying the percentages reducing the amount. Therefore, retirement age can be reduced or brought forward in groups or professional activities that are exceptionally arduous, hazardous, toxic or unhealthy, and this is recognised in applicable regulations. The minimum age may also be reduced in the case of people with a disability equal to or greater than 65%. Likewise, workers are entitled to retirement pension, by virtue of temporary rules of law, as of 60 years of age, and applying the reduction coefficients, when on or before 01-01-67 (or equivalent date) they were members of a mutual society. Finally, the pension may be recognised, applying the reduction coefficients to workers employed by another person who bring forward their retirement by a maximum of four years from the applicable age in each case, provided they can accredit at least 33 years of contribution, having been registered as a jobseeker for 6 months and have terminated their work for a reason not attributable to them. Retirement may also be voluntarily brought forward up to a maximum of two years, applying the coefficients, in the case of workers over 63 who can accredit at least 35 years of effective contribution.
A non-contributory financial family benefit, which is granted under certain conditions, for each child aged under 18 or, when over that age, affected by a degree of disability of 65% or more, under the care of the beneficiary, whatever the legal nature of the relationship, as well as for children in permanent or pre-adoptive foster care.
Monetary rights which correspond to the beneficiary when the conditions demanded for its acquisition are met.
In order to determine the requirement of lack of or insufficient income, for the purposes of accessing non-contributory retirement and disability pensions, it is necessary to check whether or not the beneficiary lives with other family members. A financially codependent unit exists in all cases in which the beneficiary lives with other persons, whether they are beneficiaries or not, linked to them by marriage or blood relationship up to the second degree.
Workers who perform a for-profit economic or professional activity, regularly, personally, directly and predominantly for a natural person or legal body, called the client, on whom they economically depend due receiving from that natural person or legal body at least 75% of their earned income and income from economic or professional activities.
Any individual or company, whether its activity is for profit or not, for whom individuals that are included in the range of application of any Social Security Scheme perform services as salaried workers.
The aim is to achieve greater integration of disabled persons in the ordinary labour market. It consists of a contract entered into between a company in the ordinary labour marker and a special employment centre, to carry out works and services that have a direct relation to the normal activity of the company and, in order to carry out these works and services, a group of disabled workers from a special employment centre will temporarily travel to the work centre of the participating company.
In EU Law, the periods defined or accepted as such by the legislation under which they have been covered, as well as all the associated periods to the extent that they are acknowledged by this legislation as being equivalent to the employment periods.
Cessation of the working relationship and its justification in writing. It is an obligatory requirement, along with others, to access the right to some of the Social Security benefits.
After the regulation payment period has expired and the debt claim has been finalised through administrative proceedings or settlement decision, as applicable, but the debt has not been paid, enforcement proceedings are started through the issuance of an enforcement order, which states the debt pending payment and the corresponding surcharge.
The enforcement order, issued by the competent body, which represents sufficient enforceable title for the initiation of enforcement proceedings by the Treasury General of the Social Security and has the same enforceability as court rulings to proceed against the assets and rights of the parties required to pay the debt.
In notification of the enforcement order the party responsible for the debt is warned that if the demanded debt is not paid within 15 days following its receipt or publication, the accrued late payment interest will be payable and their assets will be seized.
The principle of equal treatment is understood to mean that there shall be no discrimination whatsoever on the grounds of sex, both direct and indirect, with particular reference to a specific situation (marriage, family, |etc.)
One of the 3 European Communities, the most important, created by the Treaty of Rome of 25 March 1957, originally named the European Economic Community, which Spain joined in 1986. Following the Treaty of Maastricht it was called the European Community, and today it is the European Union, comprised of 28 countries.
This is a document issued by the INSS or the ISM, in accordance with the Community Regulations on Social Security, with an independent nature (it is personal and non-transferable) and allows its holders to access health services in the public health network of the member State they reside in, whether for work, studies, tourism, etc. |etc. Nevertheless, when the move to another country different from the insured one is made in order to receive medical treatment, the interested party must obtain form E112 (case of authorised patient).
The European Union (EU) is a family of democratic European countries, who have promised to work together towards peace and prosperity. It is not a State destined to replace the current States, but it is more than any other international organisation. In fact, the EU is unique. Its member States have created common institutions in which they delegate part of their sovereignty, so that decisions can be taken democratically about specific matters of common interest, on a European scale. This union of sovereignties is also called "European Integration".
The EU has five institutions, each one with a specific function La UE cuenta con cinco instituciones, cada una de ellas con una función específica: the European Parliament (elected by the citizens of the Member States); the Council of the European Union (it represents the Governments of the member States); the European Commission (motor and executive organism); the Tribunal of Justice (guarantees the fulfilment of the law); and the Accounts Tribunal (carries out the control of legality and regularity in the management of the EU budget).
These institutions are accompanied by another five important bodies: The European Economic and Social Committee (expresses the opinion of the organised civil society with regard to economic and social questions); The Regions Committee (expresses the opinions of the regional and local authorities); European Central Bank (responsible for the monetary policy and the management of the Euro); European Peoples Defender (deals with the reports by the citizens about the inappropriate management of any institution or organism in the EU); European Investments Bank (contributes to achieving the EU's objectives by financing investment projects).
The Rule of Law is fundamental for the European Union. All the decisions and procedures of the EU are based on Treaties, which are agreed by all the countries in the EU.
Initially, the EU was made up of only six countries: Belgium, Germany, France, Italy, Luxembourg and the Netherlands. In 1973 Denmark, Ireland and the United Kingdom joined; in 1981 Greece joined; in 1986 Spain and Portugal joined; and in 1995 Austria, Finland and Sweden joined. In 2004 the largest extension took place, with the joining of the Czech Republic, Cyprus, Solvakia, Slovenia, Estonia, Hungary, Latvia, Malta and Poland. Finally in 2007, Romania and Bulgaria joined.
In the first years of its existence, a large part of the co-operation between the countries in the EU referred to trade and the economy. Today however, the EU also deals with many other subjects with a direct repercussion on our everyday lives, such as citizens rights; the guarantee of freedom, safety and justice; the creation of jobs; regional development; the protection of the environment; the creation of globalisation in the benefit of all.
Until the permanently disabled person reaches the age of 65 (unless the disability is caused by professional illness), the Administration, the interested person, the collaborating entities or the employers responsible for the benefits may request revision due to exacerbation of the degree of disability, in accordance with the established procedure.
Minimum contributory period required, barring exceptions, among other requirements, to earn the right to Social Security benefits.
Supervise and control the application of the General Council agreements. They consist of nine members who equally represent (3) the Public Administration, the Unions and Business Organisations.
a) Employers and employees, and self-employed workers included in Special Regimes for Seafarers and Self-employed Workers, are exempt from Social Security contributions for common contingencies, except for temporary disability caused by such contongencies (employees) or temporary disability and professional contingencies (self-employed, where appropriate), when the workers are over 65 years of age and can accredit effective contributions for 38 years and 6 months to Social Security, or 67 years of age and 37 years of contributions. If upon reaching the appropriate age the worker has not contributed the required number of years, the exemption will be applicable as of the date on which they accredit the years of contributions required for each case.
b) Cases in which, through the implementation of a legal provision, they are exempted from paying contributions and other joint collection items, with the scope established in said provision. This usually applies in cases of disasters. It is also established for employers, employees, and self-employed workers included in the Special Regimes for Sea Workers and Self-employed Workers, that meet specific requirements relating to age and contribution periods, with respect to specific protected contingencies.
Lapse of time after which the rights and actions not carried out expire, if no valid interruption exists.
a) Decline or loss of the right to receive the benefits in the specified period of time (one year from notification of lump sum benefit grants and one year for periodical benefits from the end of the monthly payment). The period may not be interrupted.
b) In terms of payment return: expiry period of four years, of the right to request payment once the undue payment return right has been recognised (art. 44.3 of the RGRSS).
When temporary disability expires due to the passing of the legally established maximum time period or medical discharge with a declaration of permanent disability, the effects of the situation of temporary disability are extended until the classification of permanent disability comes into effect and its economic benefits begin, unless they are greater than those that the worker was previously receiving, in which case they will be backdated to the time when the temporary disability expired.
However, in cases where medical treatment is still necessary due to expected recovery or improvement in the worker's condition, with a view to their returning to work, and the medical condition of the interested party makes it advisable to delay the classification, this may be delayed for the required period. Under no circumstances can this period exceed 730 days following the date on which the temporary disability began.
Continuity in a work activity after reaching the age applicable in each case to access ordinary retirement, which is object of an incentive through means such as increasing the percentage applicable to the base pension for calculating the retirement pension, or exemption from certain contribution items.
(See “Financial Allocation per Dependent Child or Fostered Minor”)
Family financial benefit consisting of a lump sum payment to partially compensate the increase in expenses arising from a multiple birth or adoption (two or more children). According to the number of children born or adopted (2, 3, 4 and more), the sum of the benefit is respectively, 4, 8 and 12 times the minimum inter-professional salary.
Family benefit for the birth or adoption of a child, in cases of large families, single parent families and in the case of disabled mothers.
Single lump sum financial non-contributory family benefit (1,000 euros), to partially compensate for the increase in expenses causes by the birth or adoption of a child into a large family (or a family that as a result that acquires said status as a result of this), single parent family or families where the mother has a degree of disability greater than or equal to 65%.
Allowances or benefits, of which people included or not in the Social Security system are beneficiaries, to cover situations of economic need or excess expenses caused by family responsibilities or the birth of children in certain cases. They may consist of an economic allocation per child or minor in foster care, economic benefit for the birth or adoption of a child in large families, single parent families and disabled mothers, economic benefit for multiple birth or adoption, or a non-economic benefit (considering periods of leave as contributed) for caring for a child or minor in foster care or other family members.
A benefit (pension or subsidy) provided for certain family members of diseased pensioners or workers, who were living with and financially dependent upon the deceased.
An institution that aims to provide the necessary protection for minors who have been abandoned or whose parents or guardians have requested this, under serious circumstances. It is one of the protected situations that is covered by maternity and paternity benefits during periods of leave taken by workers in order to provide foster care, and it pays 100% of the base rate. It covers the guardianship for permanent or in some cases, temporary, adoption or foster care, as long as in the latter case the duration is no less than a year, and although such foster care may be provisional.
Right to participate without payment in labour and Social Security disputes by the workers, beneficiaries, managing companies and other persons, in the terms established by law.
Any worker who carries out his professional activity in the territory of a member state and resides in the territory of another member state, who returns, in theory, every day or at least once a week. However, the frontier worker who has been sent by the company he depends on normally in the territory of the same member state or another member state will retain the character of a frontier worker during a period that will not exceed four months, even when he cannot return each day or at least once a week during his stay to the place of his residence.
The objective of Social Security is to provide workers and their families or dependants with the necessary protection for contingencies, according to the cases specified by law.
When, during the period taken to calculate the base pension for retirement and permanent disability pensions caused by a common disease, or also by a non-work-related injury when not affiliated, in the case of workers employed by another person, there are months during which they were not obliged to contribute, the first 48 monthly payments will be based on the minimum base pension at each time, and the other monthly payments on 50% of this minimum base. When there are months to be taken into account for calculating the base pension during which there was only an obligation to contribute during part of the month, the part during which there was no obligation to contribute shall be integrated provided the contribution bases of the first period does not the minimum monthly basis specified. In this case, the integration will be increased up to this latter amount.
Violence that, as a manifestation of discrimination, situations of inequality and relationships where men are in a position of power over women, is committed by men against women who are or have been their spouse or partner of similar standing, even if they were not cohabiting.
It includes any act of physical and psychological violence, including assaults on sexual freedom, threats, coercion or arbitrary detention.
The period that the employment contract is suspended due to the female worker's decision to stop working as a result of falling victim to gender-based violence, shall be considered to be a situation assimilated to affiliation, and an effective contribution period for the purposes of the corresponding Social Security benefits for retirement, permanent disability, death or survival, maternity and unemployment. The initial duration of this suspension period may be no longer than 6 months, but can be extended by 3-month periods up to a maximum duration of 18 months.
When self-employed female workers are victims of gender-based violence and stop work for their own protection or to gain entitlement to overall social welfare, their obligation to make contributions shall be suspended for a 6-month period, which will be considered as an effective contribution period for the purposes of Social Security benefits. Likewise, they shall be considered to be in a situation assimilated to affiliation.
Any person who is sentenced, in a final judgement, of having committed the crime of murder in any of its forms or of causing injuries, shall lose their status as beneficiary of the corresponding widowhood pension, when the victim of said crimes was the originator, unless, as the case may be, there is reconciliation between these parties.
In these cases, the widowhood pension that would have been granted will increase the orphan's pensions, if there are any, as long as said increase is set forth in the regulatory legislation of the Social Security scheme in question.
Any person who is sentenced, in a final judgement, of having committed the crime of murder in any of its forms or of causing injuries, when the victim was this person's spouse or ex-spouse, or was or had been their partner in a relationship of a similar standing, even if they were not cohabiting, shall not be entitled to receive, under any circumstances, the orphan's pension of which their children may be beneficiaries, unless, as the case may be, there is reconciliation between these parties.
The General Directorate of Social Security Organisation (DGOSS) is a management body that depends on the State Secretariat for Social Security, which is responsible for, among other areas, the legal, economic and financial organisation of the Social Security system, planning and drafting economic, financial and demographic studies, drawing up preliminary Social Security Budgets, economic and budget monitoring of the Management Entities and Common Services, and the knowledge and evaluation of the management and economic and financial situation of the Mutual Societies Partnering with Social Security.
Set out below are the most noteworthy of the functions assigned to the
General principle of law that must dominate the actions of the Public Administration and the labour relations between employers and employees. In general, all rights must be exercised in accordance with the demands of good faith.
Retirement pension that, once processed, is combined with a part-time job, thus lowering the amount of pension in inverse ratio to the applicable reduction to the pensioner's working time.
Situation that is equivalent to the former pre-adoptive foster care. Introduced in the Law 26/2015 amendment of the system for protecting children and adolescents. Its second additional provision establishes that all references made to "pre-adoptive foster care" in the laws and other provisions, should be construed as references to the "delegation of guardianship for pre-adoptive foster care" stated in article 176-bis of the Civil Code.
A programme that includes preventive health and specific support actions for sea workers, which are basically: medical check-ups prior to boarding, health training, the Radio Medical Centre, Overseas Support Centres and Hospital Ships.
Publicly funded health care will be guaranteed National Health System for the people who have insured or beneficiary status. Insured status is granted to people in any of the following circumstances:
- Be self-employed workers or workers employed by others, actively affiliated with Social Security or in a situation assimilated to affiliation.
- Be a pensioner in the Social Security system
- Receive periodic benefits, including the unemployment benefit or subsidy
- Have used up the unemployment benefit or subsidy and be in a situation of unemployment, not able to certify insured status by any other means.
Even when not fulfilling any of these cases, Spanish nationals or citizens of any European Union Member State, the European Economic Area or Switzerland residing in Spain and foreign citizens authorised to reside in Spanish territory, may have insured status, provided they do not have an annual income greater than €100,000.
Meanwhile, the spouse or person with a relationship of similar status, who is officially registered as such, the former spouse of the insured, as well as descendants and people of a similar status who are under the age of 26 or have a disability equal to or greater than 65% shall be considered beneficiaries of the insured, as long as they live in Spain.
In addition, foreign citizens who are not registered or authorised as residents in Spain shall receive the following types of health care:
a) Emergency health care for serious illnesses or injuries, irrespective of the cause, until medical discharge.
b) Antenatal and post-natal care.
In any event, foreign citizens under the age of eighteen will receive health care under the same terms as Spanish citizens.
A Latin expression by which an injury suffered by an employee on their commute to work is considered to be a work-related injury. This circumstance is not considered to be work-related injury in the Special Scheme for Self-employed Workers, except in the case financially dependent self-employed workers.
General principle, endorsed by the Social Security Law, that invalidates any individual or collective agreement by which a worker renounces the rights that are granted to him or her under mentioned Law.
Actuarial value of pensions and other Social Security economic benefits of a periodic nature arising from both common contingencies and work-related injuries and occupational diseases, calculated according to the technical bases approved by the Ministry of Employment and Social Security. The amount should be deposited in the Social Security General Treasury by the corresponding Social Security Mutual Society Partners, body or responsible employer.
The proportion of people that would need to change sector so that men and women were equally distributed between the different sectors. This index has been proposed by the European Union to make a comparison between the sexes in different occupations and economic sectors.
For the purposes of the principle of equal treatment, there will be indirect discrimination when a provision, criterion or practice that is apparently neutral harms a considerably larger number of people from one sex, especially in relation to marital or family status, unless the objective pursued by applying this provision, criterion or practice is objectively justified and the means for achieving it are appropriate and necessary.
An administrative document issued by the autonomous health Administrations and the National Institute of Health Management (Ceuta and Melilla), also in computer format, for persons residing in their territorial area who have a certified right to public health care. The individual health card issued by any of the responsible health authorities is valid throughout the National Health System, and allows access to the health centres and services in the system in the terms envisaged by the legislation in force. Its validity and use are limited to Spanish national territory.
With the aim of having normalised data on each person, in their condition as a user of the National Health System, independently of the title by which they access the right to health care and the issuing health administration, all the health cards incorporate a series of common basic data and are linked to a unique personal identification code for each citizen in the National Health System.
The individual health card will contain the following information, in a standardised, easy-to-read format: Health administration issuing the card; full name of the card holder; personal identification code allocated by the health Administration issuing the card; type of pharmaceutical benefit and an inscription stating its validity throughout the entire National Health System.
Right of every person (the person concerned as well as people who declare a personal and direct interest) to be informed by State Agencies about any data related to them that are being handled by these agencies.
One that establishes the worker's first contact with the Social Security System.
Higher collegiate body for participation in controlling and monitoring the management of Management Entities, consisting of 39 members who represent, in equal parts of 13 representatives each, the Public Administration, Trade Unions and Business Organisations.
The Institute of Social Services and the Elderly (IMSERSO) is the Management Entity of the Social Security, part of the Ministry of Health, Social Services and Equality and attached to the Secretary of State for Social Services and Equality. It has its own legal personality and is entrusted with managing non-contributory pensions and complementary services of Social Security System benefits, mainly for senior citizens, people with disabilites and others.
IMSERSO has transferred its powers to all Autonomous Regions except the autonomous cities of Ceuta and Melilla.
In EU law, the contribution or employment periods, defined or accepted as insurance periods by the legislation under which they have been covered or are considered as covered, as well as all the associated periods to the extent that they are acknowledged by this legislation as being equivalent to the insurance periods.
A worker with an permanent-intermittent contract hired to carry out jobs that are permanent-intermittent in nature and that do not repeat themselves on specific dates, within the regular volume of activity of the company. Jobs that are intermittent, but repeat themselves periodically at specific dates qualify for an indefinite part-time contract. Permanent-intermittent workers must be summoned according to the order and procedure set out in their respective collective agreements. If this requirement is not met, the worker may file a claim on grounds of dismissal.
Act of the tribunals and courts dictated in the process, which receive the name of providences, decisions and sentences.
Resolution by the Courts to accept or reject appeals against rulings, incidental matters, prosecution assumptions, nullity of the procedure or when procedural law so establishes. They must always be well-founded and contain the legal facts and principals and the stipulating part in separate numbered paragraphs and must be signed by the Judge or the Magistrate or Magistrates who issues them.
A set of actions and legal processes before the Social Security Courts, aimed at resolving disputes brought by the parties (worker, employer, Social Security organisation, |etc.) from the filing of the action to the issuance of the ruling.
In general terms, large families are defined as having one or two parents with three children or more, irrespective of whether they are common children. Nevertheless, the law considers large families to be equal to those formed under different terms, which include a range of different circumstances the most recent of which is families formed by a mother or father with two children where the other parent has died, and sets out the conditions to recognise and maintain the right to this classification, based on the number of children and other factors, in the general or special categories.
Percentage that applies to a debt to Social Security (amount plus penalty) which was not paid by the regular deadline, accrued after the deadline, and payable from fifteen days after notification of the demand or of the beginning of the deduction procedure, and to repayments of incorrectly received benefits, including late payment interest up until the payment proposal. The late payment penalty rate will be the legal interest rate in force at any given time, increased by 25%, unless otherwise established in the General State Budget Act.
Written document seeking legal protection, formulated specifically upon request before a jurisdictional body, indicating the corresponding procedure.
Individual right of workers, both men and women, to leave work for a period of time no longer than three years, in order to take care of each new child, either biological or adopted, guardianship for adoption or foster care, counting from the child's date of birth or the date of the administrative or legal decision, as applicable. In the case of leave to care for relatives, the duration cannot exceed two years and it covers relatives up to the second degree of consanguinity or affinity, who due to reasons of age, accident, illness or disability cannot help themselves and have no remunerated activity. The first three years of leave of absence to care for a child or adopted minor will be considered as an effective contribution period for the purposes of Social Security retirement, permanent disability, death and survival, and maternity and paternity benefits. Likewise, the first year of leave to care for other family members will be considered as an effective contribution period for the purposes of the aforementioned benefits.
Ability to appear, act and intervene in legal actions before the Courts and Tribunals of Justice. The capacity to act efficiently in the process.
Interest or benefit that is set annually by the Law of Proposed National Budgets. The principal of the debt, its surcharges and any proceeding costs that are deferred and thus accrue interests, will be demandable from the time of their concession until the date of payment, according to the legal interest on money that is in force at the time and during the deferment period. Likewise, in the Special Scheme for Self-employed Workers, demandable contributions that correspond to a period prior to the worker's registration in the system also accrue interests, which will be demanded from the date they should have been paid, according to the legal interests rate of money at the time of payment.
Is the minimum age applicable in each case for entitlement to a retirement pension. It can however, be brought forward in certain cases by applying the reduction percentages to the amount of the pension (age reduction factors), for having conducted professional activities considered arduous, toxic, hazardous or unhealthy (sea workers, flight personnel, miners and others), or in the case of disabled workers; also, in certain conditions, it can be brought forward in cases of partial retirement, retirement as a mutual society member or voluntary or involuntary early retirement.
The initial amount of contributory pensions per beneficiary cannot exceed the full monthly amount that is established annually by the corresponding Law of Proposed National Budgets. Similarly, the yearly adjustment amount for contributory pensions may not cause the latter to, once upgraded, exceed the maximum yearly amount that is established by the corresponding Law of Proposed National Budgets when added to other public pensions received by the same person, if such is the case.
Right of the employer to close down the work centre and therefore suspend the employment contract, which likewise suspends the obligations to work and collect the salary and contribute to Social Security, among other rights. Employees remain in a special affiliation status during the lockout.
One-off, non-periodic financial benefit for contingencies and situations of need, which are determined by regulations (permanent non-disabling injuries, partial permanent disability, special lump sum compensation for deaths caused by work-related injuries or occupational diseases, |etc. ).
Strategy to integrate equal opportunities into all basic policy areas. This includes the integration of the gender issue into all branches of law.
It is participation in management by employers, which may be obligatory, such as the delegated payment of certain benefits (Temporary Disability, partial Unemployment |etc. ), or voluntary, such as that related to Work-related Injuries and Occupational Diseases by Social Security Mutual Society Partners, or that carried out by employers who ask to take responsibility for Healthcare and Temporary Disability and who are authorised to do so by meeting specific requirements.
Public bodies with legal personality that manage and administer the benefits and services that the Social Security is responsible for under the direction and supervision of the relevant ministerial departments. Some examples are the National Institute of the Social Security (INSS) and the Institute for Social Services and the Elderly (IMSERSO). Even though the Marine Social Institute (ISM) is not a Managing Body, is carries out the functions and services it has been entrusted with in relation to the management of the Social Security's Special Scheme for Sea Workers.
(See “Maternity Leave”)
Period of leave (as an employee) or out of work (self-employed) that gives rise to the protected situation because of childbirth, guardianship for adoption and foster care, as long as in the latter case it is for a duration of no less than one year, the duration of which is set by law, and it attributes the right to a benefit that is equivalent to 100% of the regulating base or to a non-contributive subsidy that is equivalent to 100% of the IPREM, unless the base rate were less, in which case the latter would be used. The father may take this leave, simultaneously or successively, in the conditions established by law.
Maximum and minimum amounts that the contribution base for Work-Related Injuries and Occupational Diseases must always be included within. If it is higher than the maximum or lower than the minimum, then these maximum or minimum limits will be used for the calculation respectively.
The maximum benefits, maximum amount or limit of the amount of the benefit which, under no circumstances, may exceed 100% of the regulating base, except in the cases of surcharge through lack of safety measures, severe disability and extraordinary pensions originating in terrorist attacks. The term is also applied to refer to the maximum amount of coverage set annually by the General State Budget Law.
In situations of temporary disability, this is a medical declaration in the medical discharge report that follows an examination of the worker, which establishes a full capacity to work or registration with suggested disability. The medical discharge certificate is issued by the doctor from the Public Health Service, the INSS or the Social Security Mutual Society Partner (in the event of occupational contingencies). Both the INSS and the ISM can issue medical discharge reports for all intents and purposes as long as the maximum time period of 365 days of temporary disability has not expired. Once the maximum period for temporary disability (365 days) has expired, the INSS and the ISM will be the only bodies competent to issue the medical discharge report, grant an extension of up to a maximum of 180 days or open a Permanent Disability file.
The minimum and maximum amounts between which the contribution bases must fall, in all cases, for common contingencies, based on the contribution group to which the employee's occupational classification belongs.
General period required, barring exceptions, among other requirements, to gain entitlement to Social Security benefits. Also known as the "exclusion period".
Subsidies to guarantee minimum income were withdrawn by Law 26/1990 (current Temporary Provision Eleven of Royal Legislative Decree 1/1994, which approves the Consolidated Text of the General Social Security Act), maintaining the recognised rights of beneficiaries under the terms and conditions set forth in their specific regulating legislation. But, of course, new recognitions are not possible, only those whose rights were recognised before they were withdrawn may continue to receive these subsidies.
This is a periodic economic benefit for disabled adults affected by a disability equal to or greater than 60%, and who are unable find suitable employment, provided they have no economic means and do not receive an economic benefit from the State, Autonomous Regions, Local or Social Security Authorities. When they receive an economic benefit, the subsidy will be reduced by the same amount.
Complementary amount added to the pension, in contributory form, when it does not meet the minimum required by law, if the beneficiary does not have income from capital gains or personal employment, or, when earned, it does not exceed the amount established annually by the National General Budget Law.
Mistake made while diagnosing the disease that leads to permanent disability, which constitutes grounds for a review of the case at any moment, as long as the worker is not yet old enough to qualify for retirement pension.
Death and survivor pensions, except for death relief , may be applicable when workers have gone missing due to an accident, whether job-related or not, under circumstances that give rise to presuming they are dead, and when no news is received after 90 calendar days following the accident, which pensions may be retroactive to the date of the accident.
Periodic economic benefit intended to meet the expenses caused by travel outside the home of disabled people over 3 years of age, affected by anatomical or functional losses equal to or greater than 33%, who are not unable to make such journeys.
Insurance entities that manage voluntary insurance services that complement the mandatory Social Security system, through fixed or variable contributions from members, individuals or companies, and other entities or protective persons. Some of them may choose to be on RETA such as the Lawyer's Mutual Welfare scheme.
Regarding the scope of coverage, the possible personal risk contingencies that can be covered are death, widowhood, orphanhood and retirement, guaranteeing financial benefits in the form of capital or income. Similarly, benefits may be earned by reason of marriage, maternity, children or death. It is also possible for workers to insure themselves against injuries and inability to work, disease, legal defence and support, as well as providing family aid to pay for needs caused by legal events or decisions that temporarily prevent the worker from carrying out their profession.
Regarding the scope of coverage, the possible personal risk contingencies that can be covered are death, widowhood, orphanhood and retirement, guaranteeing financial benefits in the form of capital or income. Similarly, benefits may be earned by reason of marriage, maternity, children or death. It is also possible for workers to insure themselves against injuries and inability to work, disease, legal defence and support, as well as providing family aid to pay for needs caused by legal events or decisions that temporarily prevent the worker from carrying out their profession.
The National Institute of Health Care Management (INGESA) is a Managing Body of the Social Security, with its own legal personality and attached to the Ministry of Health, Social Services and Equality, though the General Secretariat for Health and Consumption, which is responsible for the management of Social Security health care benefits in the cities of Ceuta and Melilla. Powers in health care matters, which were previously assigned to the former National Health Institute, have since been transferred to all the Autonomous Communities.
Under the Constitution, the State has exclusive authority over matters of foreign health, base and general co-ordination of the Health System, legislation about pharmaceutical products, and the basic legislature and economic scheme of the Social Security, without affecting the execution of services any the Autonomous Communities.
The National Social Security Institute (INSS) is a Managing Entity with its own legal personality, attached to the Ministry of Employment and Social Security through the Secretary of State for Social Security. Its generic powers include the management and administration of Social Security System economic benefits, except those attributed to the Institute of Social Service and the Elderly or the services of the Autonomous Regions.
Specifically, the National Social Security Institute has the following powers, among others: to recognise and control the right to the contributory economic benefits granted by the Social Security System, notwithstanding the powers attributed to the Public Service of State Employment regarding unemployment benefits, and to the Social Marine Institute regarding the Special Regime for Sea Workers; to recognise and control the right to an economic allowance for children, single payments for the birth or adoption of children in the case of large families, single parent families or disabled mothers, or for multiple births or adoptions; to recognise the right to medical assistance; institutional international relations, and negotiating and executing International Social Security Agreements; management and operation of the Register of Public Social Services; management of economic and social benefits for toxic syndrome, |Etc.
That which the Government states as such annually in accordance with the Workers Statute. It is applied for all activities without distinction of the workers' gender or age. Increased by a sixth, with the prorating of the due benefits that are greater than the monthly prorating, represents the minimum contribution base to the Social Security.
A protection mechanism that includes financial benefits for old age, disability and health care aimed at Spanish citizens living abroad who, having moved abroad for a work-related, financial or any other reason, and are 65 years old or unable to work, are in a situation of need due to a lack of resources.
The entitlement to be granted the retirement pension and death and survival benefits, with exceptions, which does not expire as a result of the passage of time, without prejudice to the fact that the effects of being granting the benefit arise as of three months prior to the date on which the application is submitted.
Care provided to people in a situation of dependency at their home, by persons of the family or of their environment who are not related to a professional care service.
Law principle according to which a law does not apply to events that occurred prior to its passing, unless there is an express order stating otherwise. New regulations may not be applied to situations that occurred during a the previous regulation that is being repealed, and will only be effective upon the date of its enforcement. The Constitution guarantees the principle of non-retroactivity to those sanctioning orders that are unfavourable or restrictive to individual rights.
Injury or disease derived from an accident whenever it is not the consequence of the job performed. It is subject to the same protective actions as for common illness, without requiring a previous contributory period, except when applying for full permanent disability or severe invalidity or for death and survivors pensions, from non-registered situations.
Act by which the interested party must be notified of the decisions and administrative acts which affect his rights and interests, in the conditions and terms established by the law.
Resolution included in Order 25-6-63, which assimilated the occupational categories existing on that date in the different Labour Regulations into the Contribution Groups set forth in Decree 56/1963, of 17 January (BOE |No. 17). When an occupational category is created by collective agreement or regulation, the appropriate assimilation is requested and obtained from this General Revenue Office.
A disease that is contracted as a result of employed work doing any of the activities that are specified as causing the disease in question on the Table of Occupational Diseases approved by the Ministry of Employment and Social Security. The disease must be caused by the action of the elements or substances that are outlined in this table for each occupational disease.
For self-employed work in the Special Schemes for Self-Employed Workers and Sea Workers, an occupational disease is any disease contracted as a direct and immediate result of work being carried that determines their inclusion in the special scheme.
On many occasions occupational diseases are caused by the effects of a specific harmful agents, which are present in the working environment where the worker carries out their activity and which are subject to long incubation periods. As a result the manifestations and incapacitating effects can present themselves a long time after having contracted an occupational disease and the worker could even have stopped carrying out the work that caused it.
Entitlement to choose between two legally incompatible benefits.
Person who gives a right to someone else.(rightful owner or successor)
A pension received by the children of a deceased worker, whatever the legal nature of their relationship, as well as the children that were brought into the marriage by the surviving spouse (if they meet the remaining requirements), as long as they are under twenty-one years of age at the time of the originator's death, or are unable to work and the originator had active contributor status or assimilated contributor status. If the originator did not have active contributor status at the time of their death, they must have been making contributions for a minimum period of 15 years. If the children of the deceased parent are not in paid work, either as employed or self-employed workers, or if they are, their annual earnings are less than the established national minimum wage at any given time, also calculated on an annual basis, they are eligible to receive an orphan's pension as long as they were under 25 years of age at the time of the originator's death. If the orphan is studying and reaches the age of twenty five during the academic year, they will continue to receive the orphan's pension until the first day of the month immediately following the beginning of the next academic year.
Children, regardless of the legal nature of their relationship with the worker, who upon the death of both of their parents, or one of the two, are entitled to an orphan's pension when they meet the age and conditions required by law.
Hours worked voluntarily in excess of the maximum duration of a regular work day. Collective agreements or individual contracts establish whether they are paid or exchanged for equivalent paid-vacation time. They cannot exceed eighty hours a year, except if worked in order to prevent or repair accidents and other extraordinary and urgent damages.
In Community Law, the individual - and, in principle, non-transferrable - right of all workers, men and women, to take leave from work for the birth or adoption of a child.
That which, without being total, causes a decrease of at least 33% in the worker's regular work performance, without keeping him or her from carrying out the main tasks involved. Benefit is given as a lump sum.
Retirement that begins after reaching the age required according to the periods contributed at the time of the causal event, or after 60 years in the case of worker who were members of a mutual society before 1 January 1967, which is simultaneous with a part-time employment contract and linked to a relief contract signed with a worker who is unemployed or has signed a fixed term contract with the company. Six years in the company are also required, as well as a minimum of 33 years contributed and a reduction in the working day between 25% and 75%.
The relief contract is not necessary when the retired person has reached the applicable age in each case and in this case a reduction in the working day between 25% and 50%.
Involvement of trade unions and business organisations in the control and monitoring of the way Managing Companies are run by associated bodies on a state and provincial level. (See “General Council of the INSS and of the ISM and Executive Committees”).
This contract is an agreement to provide services for a certain number of hours a day, a week, a month or a year, which is lower than the work day of a comparable full-time employee, the latter being a full-time employee in the same company and work centre, with the same type of employment contract and who performs an identical or similar job. The contract may be signed indefinitely or for a specific period of time.
A person who signs a work contract in which the services rendered are agreed for a number of hours a day, a week, a month, or a year which is less than a working day of a comparable full-time worker, (same company and work centre, with the same kind of work contract and identical or similar work). It can be agreed for an indefinite period of time or for a determined duration.
(See "Paternity Leave")
Period of leave (as an employee) or out of work (self-employed), which gives rise to a protected situation due to childbirth, guardianship for adoption and foster care, as long as in the latter case it is for a duration of no less than one year, the duration of which is set by law, which gives the right to a subsidy equivalent to 100% of the base rate.
Amount that liable persons deposit monthly with financial entities authorised to collaborate with the Social Security General Treasury. The amount resulting from applying the contribution rate to the contribution base, according to the legislation in force at any given time.
In the General Scheme and in other schemes in which work is performed as an employee, the contribution amount normally includes the contribution of both the employers and workers. In the case of self-employed workers, the amount is wholly payable by them.
(See "Deferment of Contributions")
In the event that workers are responsible for paying in contributions, in order to be granted the corresponding financial Social Security benefits they must be up-to-date with their Social Security contributions, although the corresponding benefit is granted, as a result of the reciprocal contribution calculation, in a scheme for employees. Although, if the minimum contribution period required to gain entitlement to the benefit in question is covered, the benefit is requested and the interested party, irrespective of the Social Security Scheme that they were a part of, is not up-to-date with the remaining contributions that are due on the date when the benefit is originated, the Managing Body shall request that, within the unextendable period of 30 calendar days after the request, they pay in the owed contributions.
If the interested party, when dealing with the request, pays in the required contributions within the indicated time period, they will be considered to be up-to-date for the purposes of the requested benefit. If the payment was made outside said time period, the benefit granted will be 20% less, for lump sum payments and temporary benefits; for pensions the benefits will be granted coming into effect as of the first day of the month after the required contributions were paid in.
Voluntary insurance scheme that is supplementary to Social Security benefits and allows a person to enter into a contract with certain authorised financial and/or insurance entities, entitling them to collect income or capital for retirement, survival, widowhood or orphanhood, through the capitalisation of periodical contributions made during their life. Pension Funds are wealth that is created with the sole purpose of meeting Pension Plans which are managed, held and controlled according to the law.
These are voluntary and free prevision institutions, which cover a person's right, in whose favour they are constituted, to receive income or capital for retirement, survival, widowhood, orphanage or disability; of a private nature; they may or not be a complement to the compulsory Social Security System, although they do not substitute it under any circumstances. The rule establishes the principle of non-discrimination, guaranteeing access to a plan by any physical person who meets the conditions binding them or enabling them to contract.
These are economic benefits given by the Social Security, paid periodically and normally lasting for life or until the beneficiary reaches a predetermined age They can be contributive (when the right is acknowledged by virtue of contributions made) or non-contributive (when the person has no income or insufficient income and the remaining conditions established by the law are met).
Situation of a worker who, after undergoing the prescribed treatment and being discharged from medical care, still presents serious anatomical or functional reductions that are susceptible to objective determination and predicted to be permanent, which diminish or impede their ability to work and may entitle them to a benefit. The amount of this benefit depends on the degree of disability (partial, total, absolute or serious disability). This is a reason for termination of the employment relationship, except in cases of partial permanent disability or when, in cases of total permanent disability, the suspension of employment relationship is declared, thereby preserving the job position for two years.
Permanent lesions, mutilations and deformities caused by work-related accidents or occupational diseases that do not cause permanent disability, although they do diminish or alter the worker's physical integrity, and are listed in the scale attached to the development provisions of the General Social Security Law. These lesions, mutilations or deformities will be compensated with a single payment for the amount that is established by the mentioned law, to be paid by the entity that would have to pay a permanent disability benefit, without affecting the right of the worker to remain employed by the company.
An individual or legal entity that is required by the regulations in force to pay in contributions to the Social Security. In the schemes for employees, the company is responsible for payment.
Service provided by a personal assistant who carries out or helps to carry out everyday life tasks for a dependent person, to encourage their personal independence.
Administration requirement to permit the interested party to provide arguments for its defence. Once the procedure has been initiated, immediately prior to drafting the decision proposal, the interested party is shown the file so that they can file their pleadings and submit the documents and receipts deemed appropriate, within a period of no less than ten days and no more than fifteen days. In some cases, the right to certain information or data contained in the file may not be exercised. The procedure is deemed complete if the interested party states their decision not to file pleadings or submit new documents or receipts prior to the deadline and likewise, the hearing procedure can be suspended when there are no facts, other pleadings or evidence in the procedure or taken into account in the decision, other than those adduced by the interested party.
A situation in which a worker works in two or more activities, therefore obliging the worker to be included in different Social Security Regimes. It must be considered whether or not they must meet the requirements that each Regime has established.
A situation in which a worker carries out his activity in two or more companies in the same Regime. This situation must be reported to the Treasury General of the Social Security so that, if this proceeds, it can carry out the distribution of the limits of contribution between the companies affected.
Persons who apply for the Social Security System cannot be obliged, for the same work position, to join other Social Security Regimes different from those which make up this system.
(See “Risk during Pregnancy”)
Matter that a national jurisdictional body is called with address regarding substantiating a litigation that requires the application of a community regulation. This jurisdictional body brings the matter before the Justice Tribunal of the European Union regarding the interpretation or validity of such regulation.
Premiums for Work-related Injuries. Suggestions:" Payments that must be paid by companies to cover work-related injuries and occupational diseases according to their activity. These are defined in the CNAE, the Spanish national table of Economic Activities.
(See “Full Inscription”)
In EU law, it involves the elimination of any gender-based discrimination for the same job or job that has been assigned the same value, in all aspects and remuneration conditions.
A document submitted to the Social Security Administration before resorting to legal action, in which the amendment or reversal of an administrative decision is requested.
Those provided by a public institution or entity, either for-profit or non-profit, or by a self-employed professional whose purposes include providing services to people in a situation of dependency, whether at their home or at a centre.
Any physical person included in the field of protection of the Social Security System.
Includes the group of benefits, both cash and in kind, that the Social Security System establishes to anticipate, repair or overcome needs born or derived from the eventualities or situations suffered by those subject to protection, as determined by law.
A surgical or orthopaedic apparatus or device which may be supplied as a health benefit or give rise to the granting of aid in cases and according to the price list which is established in the regulations.
Judicial decision for a process which does not demand a juridical basis.
Indicator or level of reference for the income level used to determine pension amounts, or the access to certain benefits or public services, replacing the minimum guaranteed interprofessional wages in this function. It is mandatory in the case of State regulations, and at discretion in the case of Autonomous Communities, the Cities of Ceuta and Melilla, and the entities that make up the Local Administration.
The public service of state employment is the autonomous organism, provided with its own juridical personality for the fulfilment of its aims and inscribed in the ministry of Employment and Social Security, through which the Secretary General of Employment, who has the main responsibilities of managing and controlling unemployment benefits; maintaining the databases which guarantee the public register of offers, demands and contracts; maintaining the observatory of employment and drawing up the statistics on employment matters on a state level; carrying out research, studies and analysis of the job market situation and the instruments for improving it, in collaboration with the respective Autonomous Communities and collaborating with the Autonomous Communities in drawing up the National Plan of Action for Employment, adjusted to the European Strategy on Employment, and the annual work programme of the National Employment System.
Total of the contribution periods in several Social Security and Passive Class schemes, whenever they do not overlap, for the preservation and acquisition of the right to benefits. In general, it is the joint consideration of the contributions made to the different Public Social Security Schemes for recognition of the right to benefits.
It is also possible to add together contributions from working periods in different European Union countries, by means of the "pro rata temporis" rule.
A pretension formulated by the accused against the plaintiff, taking advantage of the opportunity of the process started by the latter. It is placed at the same time as the case is held, but it is an independent claim, and the accused becomes the plaintiff against the former plaintiff.
Automatic Data Transfer which makes it possible for the individual responsible for fulfilling obligations to the Social Security to send data relating to the registration of companies, affiliation, registrations and terminations of workers, as well as contributions and collections through electronic, computer or telematic means, in accordance with the provisions established to this effect.
Percentage which, applied to the contribution rate or percentage, reduces the payment to be made to Social Security. They are applied to the entire payment for employers excluded from one or various of the contingencies or situations defined by regulation or employers authorised to collaborate voluntarily in the management of Medical Assistance and Transitory Disability, derived for common illness or non-work-related injury, as well as employees under a Special Agreement.
Percentage reduction of the amount of the retirement pension, in certain cases, for every quarter that workers, under the ordinary retirement age applicable in each case, retire early, with a maximum of two years in the case of voluntary retirement and four in the case of involuntary retirement. The percentage varies according to the number of years contributed throughout their work history, and the number of quarters by which retirement is brought forward.
In the case of workers who are members of a mutual society, early retirement is calculated by years and applies as of 60 years old.
The person who is obliged to pay a debt with the Social Security must proceed to do so without delay. It forms part of the voluntary collection period.
Is the contract the company must sign (simultaneously to the part-time contract signed with a partially retired person) with a worker who is unemployed or had signed a fixed term contract with the company, in order to replace the working hours left vacant by the worker who partially retires. The replacement contract is mandatory to replace workers who have partially retired before the applicable and optional age in each case if they have already reached that age. The contract must also comply with certain legal features.
Used to communicate to the Social Security General Treasury any circumstances by which an individual establishes, ceases or varies his relationship, by presenting an inscription, a document of discharge or a document of variation. It is always presented on an official form published by the General Treasury of the Social Security.
Level of income or earnings established by law to determine whether a person meets the requirement of lacking enough income or earnings, so they may collect a non-contributory retirement or disability pension. Income or earnings will be considered insufficient when their annual sum is less than the yearly amount of the benefits.
Resource accumulation limits for economic units are equivalent to the total amount of the annual pension plus the result of multiplying 70% of that amount by the number of people living together, minus one. When the people living together in the same economic unit with the applicant are his or her first-degree descendants or ascendants, the resource accumulation limit will be two and a half times the amount that results from performing the above-mentioned calculation.
Juridical regime through which it is determined who obliged in each case to pay a benefit. As a general rule the responsibility lies with the Managing Body, the Social Security Mutual Society Partner, or the partner company, when the specific requirements have been met. Nevertheless, when they have not been met (no affiliation, inscription and contribution) the responsibility can be attributed also to the non-compliant businessman.
Lifelong pension recognised to a worker who, having reached the legal age, stops (or already stopped) working having met the required conditions. There are two classes or types of retirement.
When the pension is accessed after the applicable age in each case, the worker may receive an additional 2% of the resulting amount for each full year contributed between the date they reached said age and the causal event, if they have contributed up to 25 years. This percentage shall be increased to 2.75% when the interested party has accredited between 25 and 37 years, and to 4% after 37 years of contribution.
The obligation to return the sum of the benefits received unduly by the beneficiaries. This obligation expires after 4 years, counting from payment or from when it was possible to exercise the action to demand their return.
Updating of the Social Security Pensions in their contributive mode, at the start of each year , according to the consumer price index envisaged for that year.
Suspension of the contract or end of work that gives rise to a financial benefit that consists of a subsidy equivalent to 100% of the regulatory base, which will be the base established for temporary disability arising from occupational contingencies to protect the health of the pregnant worker or the child during the suspension period of the employment contract or the activity in the event that the female worker has to change her job position for a different one that is compatible with her condition and this job position change is not technically or objectively possible, or cannot be reasonably demanded for justified reasons. It is granted under the same terms and conditions as the benefits for risk during pregnancy, although it expires when the child reaches 9 months of age. It deals with occupational risks due to incompatibility between work and the biological act of natural lactation.
Suspension of the contract or end of work that gives rise to a financial benefit that consists of a subsidy equivalent to 100% of the regulatory base, which will be the base established for temporary disability arising from occupational contingencies to protect the health of the female worker or the unborn child during the suspension period of the employment contract or the activity in the event that the female worker has to change her job position for a different one that is compatible with her condition and this job position change is not technically or objectively possible, or cannot be reasonably demanded for justified reasons. It deals with occupational risks due to incompatibility between work and the biological event of pregnancy.
To calculate the number of years of contributions and then apply a percentage to determine the retirement pension amount, we need to add the number of days of contributions in the worker's employment history to the number of years (and fractions of a year) that correspond to the worker, based on their age on 1 January 1967, in accordance with an established scale. This allocates 250 days to workers aged 21 on that date and, from that age upwards, it increases by an equal proportion -250 days- for each additional year.
Chart of assessments of physical, mental or sensorial factors for determining the degree of disability or chronic illness for the purpose of the invalidity pension (non-contributive mode), of the economic benefit per child or dependent child and of other protection measures.
Created by law in 1953 and provided for in the General Social Security Act as a Special Scheme for students, although it is not been fully implemented. It affects those enrolled in official centres from secondary education to university and, at the most, up to 28 years of age. The required contribution is paid together with enrolment and includes low-level health care and financial benefits.
It is the consideration of the scope of individuals that the Social Security System covers. With the final objective being that established in Article 41 of the Constitution of "...a public Social Security scheme for all citizens..." the current Social Security System outlines the field of application of those who perform a professional activity in a series of schemes.
The General Scheme covers employed workers and assimilated employees from the different branches of economic activity, whether they are temporary, seasonal, fixed-term, intermittent or domestic workers, irrespective of their occupational category and the method and amount of remuneration that they receive, except for those who carry out an activity that gives rise to inclusion in one of the following Special Schemes that also accept self-employed workers: Sea Workers; Coal Mining; Self-Employed Workers. Effective as of 1 January 2008, a Special System for Self-Employed Agricultural Workers has been set up in the RETA , which includes self-employed agricultural workers, over the age of 18, who meet certain requirements.
Effective as of 1 January 2012, the former special schemes for Domestic Employees and Employed Agricultural Workers have been included in the General Scheme of the Social Security as Special Systems.
Likewise, at non-contributory level, the scope of individuals includes all Spanish residents in national territory.
A decision which definitively decides a case when, according to the process laws, this form must be used. This may be final or subject to review by a superior body.
Request to the Judicial Body to issue a declaratory ruling in support of the decision.
Suspension of married life which does not annul the marriage as with divorce. However, it does give entitlement to a widowhood pension, if the established requirements are met.
Permanent disability when, as a result of anatomical or functional losses, assistance from another person is required to perform basic everyday tasks, such as getting dressed, moving, eating and the like. They shall be entitled to an absolute permanent disability pension, increased by a supplement equal to the result of adding 45% of the minimum contribution base in force at the time of the triggering event to 30% of the worker's last contribution base for the contingency from which the disability has arisen. This supplement is intended to enable the disabled person to pay their carer.
This supplement may not be lower than 45% of the pension that the worker receives without the supplement.
Financing system of the Social Security according to which the income and contribution of all the members of the system cover the expenses of the benefits and subsidies of the beneficiaries, in annual cycles.
Medical statement, by means of a medical sick leave certificate, issued by a doctor of the Public Health Service, or of the Social Security Mutual Society Partner, which determines leave from work and, if applicable, the right to economic benefits for temporary disability. It is the act that initiates the actions leading to the declaration or rejection of the right to the subsidy.
For the purposes of family benefits, a family that is made up of single parent who lives with a natural or adopted child and represents the only provider for the family.
To gain entitlement to benefits it is a necessary requirement to be affiliated and have a active contributor status, without exceptions. Nevertheless, various legal provisions set forth assimilated situations for special circumstances of the worker, such as unemployment, forced leave, transfer of the worker by the company outside the national territory, |etc.
Jurisdictional court to hear in first instance and a single proceeding any matters under social jurisdiction that are not assigned to higher courts (which are those that are assigned in first instance to the Higher Courts of the autonomous regions and the National Administrative Court). The Social Courts are responsible for both the instances and their execution.
Court or tribunal to which the Organismic Law of Judicial Powers has attributed the authority to hear any claims that may arise that are materially based on the regulations of Labour and Social Security Law.
In Community Law, any bilateral or multilateral instrument that binds or may bind two or more member States exclusively, as well as any multilateral instrument that binds or may bind at least two member States and one or more additional States in the area of Social Security, in all or some of the branches and schemes, as well as agreements of any kind reached within the framework of such instruments.
In general, it is an agreement between two or more States (and others subject to international law) to preserve or acquire the rights in force in the other country, generally totalling all of the insurance periods in each one of them, and distributing the contribution load under a prorated formula; that is, in proportion to the contribution periods in each country.
As a Common Service of the Social Security, this department is run by the General Organismising Directorate of the Social Security, the Social Security Management Body, the Public Accounts Department of the Social Security and the Central Treasury for Social Security, regarding programs and projects that affect their respective competence.
Their actions will be adjusted to the directives that are established by the ÏT General Council and the communications office of the Social Security. Its duties are to elaborate and propose regulatory projects in the field of Information Technology and Telecommunications; to make proposals for the creation, development and modification of IT systems; to create, protect and manage the system's corporate databases, as well as security and confidentiality systems, etc.
The Social Security Legal Services Department (SJSS) is a Common Service of the Social Security System, which carries out the functions and responsibilities related to legal advice, representation and defence in the Social Security Managing Bodies and Common Services.
These are private business associations, incorporated by the approval of the Ministry of Employment and Social Security and inscription in its special Registry, which act as non-profit partners in Social Security management, under its direction and guidance. The associate businesses accept joint responsibility for the cases and within the scope established in the law that governs them.
Social Security Mutual Society Partners, once incorporated, acquire legal personality and the capacity to act to fulfil their objectives. They are entitled to operate throughout the entire territory of the State.
Social Security management collaboration includes the following activities: the management of the economic benefits and healthcare which form part of protection in the case of work-related injuries and occupational diseases, as well as measures to prevent such cases; the management of economic benefits for temporary disability resulting from common contingencies, and benefits for risk during pregnancy and risk during breastfeeding; the management of economic benefits due to the termination of activity of self-employed workers; the management of benefits for the care of children affected by cancer or by other serious illnesses, as well as other Social Security activities that they are legally entitled to perform.
Run by the Public Accounts Department of the State Administration, this is an internal accounting management and supervision organism for all the entities that make up the Social Security System.
The structure of the Social Security System is made up of the General Scheme and the Special Schemes established for certain professional activities due to their nature, their unique weather conditions and location, or the type of their production processes. Currently these include the Special Schemes for Sea Workers, Coal Mining, and Self-Employed Workers. This latter Scheme includes a Special Scheme for Self-Employed Agricultural Workers.
Effective as of 1 January 2012, the former Special Schemes for Employed Agricultural Workers and Domestic Employees have been included in the General Scheme as Special Systems.
The Treasury General of the Social Security is established with the aim of tackling the future needs of the Social Security system in relation to contributory benefits. The surplus income that funds contributory benefits and other necessary costs related to their management that, where appropriate, is a result of the budget allocation for each tax year or the budget settlement for the same tax year, and most of which shall be allocated to this Reserve Fund as a priority, as long as the economic possibilities and financial situation of the Social Security System allow this to take place.
That which takes place in the event of strike, lock-out and other situations that may arise and has the effects specified by the regulation that was established for this type of affiliation.
An agreement entered into between the General Treasury of the Social Security (or, where applicable, the Social Marine Institute) and workers who terminate their affiliation with their Social Security Scheme and are not included in any other Social Security scheme that provides for reciprocal calculation of contributions. The signatories of the Special Agreement have assimilated contributor status, are fully responsible for paying contributions and have a reduction coefficient as the contributions are only valid for Permanent Disability, Death and Survival benefits arising from occupational diseases non-work-related injuries, as well as Retirement and Social Services benefits.
The term used to denote, within the General Scheme or the Special Scheme for Self-Employed Workers, the changes in the established common rules for affiliation, contribution, collection and protective action (for certain companies) due to the unusual nature of their economic activities (Fruits and Vegetables, Resin Industry, Special Hotel Services, Vegetable Canning Industry, the Handling and Packing of Tomatoes, Market Research and Public Opinion Studies, etc.).
Effective as of 1 January 2012, the Special Systems for Self-Employed Agricultural Workers and Domestic Employees have been incorporated into the General Scheme of the Social Security.
The State Secretariat for Social Security and Pensions (SESSP) is a higher body under the authority of the Ministry of Inclusion, Social Security and Migrations, which is responsible for the functions of management and supervision of the Managing Bodies and Common Services of Social Security, attached to the Department, without prejudice to the powers attributed to other ministries and other units of the department, the promotion and management of the legal framework of the Social Security system, the administration and coordination of the management of Social Security financial resources and expenditure, the planning and supervision of the management of the entities collaborating with Social Security, as well as any other power which is conferred on it, by law or in accordance with the regulations.
Basic right of all workers, which causes the suspension of a work contract and, as a result, of the mutual obligations of working and payment of remuneration, as well as of the obligation to make Social Security payments. The worker remains in a special status situation.
Medical Assistance provided by public or private entities by virtue of agreements with the Social Security administration bodies and approved by the competent ministerial departments.
Person who has succeeded, or has been substituted by any title, in the right of another or others.
Notice given to a person to appear before Social Security or before any Body or authority to carry out a process or action.
The amount that is paid to the pensioner for major disability, allocated to remunerate the person attending that pensioner. The amount will be the result of adding together 45% of the minimum contribution base in force at the time of the causal event and 30% of the worker's last contribution base corresponding to the contingency from which the disability stems. This supplement may not be less than 45 percent of the amount of the pension without the supplement.
This is an appeal placed before the social tribunals and Higher Tribunals of Justice against certain decisions given by the Social Courts in their circumscription.
Percentages which increase the amount of the debt with the Social Security when the payment has not been made in the stipulated period. The percentage of the surcharge varies according to the actual payment of the debts by the responsible parties and is based on whether or not they have presented the contribution documents within the regulation time limit.
Family members who survive a deceased causing subject, who may access the benefits for death and survival determined by the law, if they meet the conditions demanded by it.
Situation of common or occupational disease or injury, whether work or non-work related that may entitle the worker to a benefit for as long as they are receiving health care from the Social Security and the worker is unable to work. It has a maximum duration of 12 months, which can be extended for a further 6 months if it is foreseeable that the worker may be discharged from medical care during this period due to complete recovery. Other possible causes for temporary disability are the observation periods for an occupational disease where leave from work has been prescribed, with a maximum duration of 6 months, which can be extended for a further 6 months when deemed necessary to study and diagnose the disease. Temporary disability is a cause for the suspension of a work contract.
Benefit that is the same amount as the widowhood pension and last for two years, to which the surviving spouse will be entitled to in the event that the originator has died due to a common disease that did not occur after the marriage, when they are not able to gain entitlement to the widowhood pension because they have not proved that the marriage with the originator has lasted for a year or, alternatively, due to the existence of common children.
In Community Law, this designates any employee who moves to the territory of a member State that is different from the one he resides in, to carry out a job of a seasonal nature for a company or businessman of that state whose duration may not surpass eight months under any circumstances if he remains in the territory of that State while the job lasts; we interpret a job of a seasonal nature to be one that depends on the rhythm of the seasons and is repeated automatically each year.
A situation in which self-employed workers may find themselves, which has been the object of a specific system of protection through an out-of-work benefit -which these workers can join voluntarily- and which guarantees the principles of contributive ability, solidarity and financial sustainability.
Pensions (disability or death and survival) caused by terrorist acts have the character of extraordinary pensions with specific regulations.
That which disables a worker to carry out all of the main tasks of his or her regular profession, as long as he or she may perform a different one. It entitles the worker to a benefit of 55% of the regulatory base, although benefits may be increased by another 20% in certain circumstances, if the worker is over 55 years of age.
Training activities (formal and professional) carried out by the Social Marine Institute for sea workers.
The legal framework for contributory retirement offers different classes, types or possibilities for entitlement to retirement pensions. They are: partial retirement; early retirement due to professional activity or disability; early retirement as a mutual society member; early retirement not as a mutual society member, both voluntary and involuntary; ordinary, gradual and flexible.
Protected situation for those who, being willing and able to work, lose their job, or have their work day reduced, which gives the right to economic benefits, either as a benefit or as a subsidy.
It allows citizens to have access to all the personal services offered by the Social Security.
In the event of both work-related and non work-related injuries, the usual occupation will be understood to be the job that was normally performed by the worker at the time of the injury.
In the event of common or occupational diseases, the usual occupation will be understood to be the worker's main activity over the 12 months prior to the start date of the temporary disability, from which the permanent disability arose.
In the case of self-employed workers, the usual occupation will be understood to be the current and previous activity performed by the interested party and for which they had active contributor status in the Special Scheme for Self-Employed Workers, in the event of permanent disability covered by said Special Scheme.
Voluntary upgrade of contributions or social benefits as authorised by the regulations of the General Scheme and the Special Schemes of the Social Security.
An autonomous organisation, subordinate to the Ministry of Employment of Social Security, with legal personality and capacity to act, whose aim is to pay workers the amount of their salaries pending payment due to insolvency or bankruptcy proceedings of their employers.
Activities carried out by the Social Institute of the Navy directed towards the well-being of sea workers and their beneficiaries, as well as assistance to them in national and foreign ports.
Marital status which grants the right to a Social Security benefit in certain circumstances and in the corresponding amount.
Any individual that carries out an activity as a self-employed worker or as an employee, which determines their inclusion in the scope of application of the schemes that make up the Social Security System.
All individuals who voluntarily provide services an a wage earning employee or within the scope of the organisation and direction of another individual or legal entity, known as the employer.
In administrative procedures, when the period is indicated in days, it is understood that they are working days, with Sundays and holidays excluded from the calculation. In judicial processes, all of the days of August are also considered non-working days, except for legal actions declared urgent by prosecutorial laws.
Contains information about an individual's affiliation and termination status in the various Schemes of Social Security System, throughout their working life.
Any physical injury the employee suffers from in the course of or as a consequence of his/her employment. For self-employed work in the Special Schemes for Self-Employed Workers and Sea Workers, a work-related injury is any injury occurring as a direct and immediate result of self-employed work which determines their inclusion in the scope of application of the special scheme. The law also establishes several considerations and presumptions to determine the work-related injury concept.
Increase of the amount of the pension for workers that have total permanent disabilities to perform their regular profession, when due to their age (55 years or more), lack of general or specialised training, and social or work circumstances in their place of residence, it becomes very difficult for them to find employment doing something different than what they did before being disabled.