The European Social Security Agreement and the Supplementary Agreement on its implementation were signed in Paris on 14 December 1972. The Instrument Ratifying the European Social Security Agreement was published in the Official State Gazette on 12 November 1986 and came into force on 25 April 1986.
The countries that belong to the Agreement or have ratified it are: Austria, Belgium, Denmark, Spain, Italy, Luxembourg, the Netherlands, Portugal and Turkey.
As a general rule, workers who move abroad are subject to the Social Security legislation of the country where they are working. However, if this is a temporary transfer, they can remain under Spanish legislation under the terms and requirements given below.
This applies to workers who are citizens of the following countries: Austria, Belgium, Spain, Italy, Luxembourg, the Netherlands, Portugal and Turkey.
For the transfer of:
They should apply to a Provincial or Administrative Office of the General Treasury of the Social Security for a certificate stating that the worker remains subject to Spanish Social Security legislation.
The company or worker must make the application on form TA-200 "Application to remain under Spanish Social Security legislation - Initial postings" together with form CE.1* "Certificate of temporary posting", filled out in triplicate. When self-employed workers are making a transfer, they must also present a memo from the Turkish Social Security stating that in that country there is no specific legislation for self-employed workers.
The certificate certifies that the worker continues to be subject to Spanish Social Security legislation during his or her stay in that country and therefore is exempt from Turkish Social Security contributions.
The maximum length of time for the transfer is twelve months.
If the posting is expected to be for longer than the initially planned and authorised twelve months, the employer must apply, far enough in advance, for an extension from the General Sub-Directorate for Affiliation, Contributions and Management of the RED System of the General Treasury of the Social Security.
The application for an extension must be made on form TA-202 "Application to remain under Spanish Social Security legislation in accordance with |art. 17 of EEC Regulation 1408/71 and other extensions of Bilateral Agreements" together with form CE.2 filled in four copies.
After checking that the form is correctly filled in, take it to the local link office in Turkey to be approved.
This form is issued by the Turkish Social Security to certify that the worker continues to be subject to Spanish Social Security legislation for the period of time authorised.
The Agreement does not set a time limit for the extension.
Are the bodies with the power to authorise transfers for:
Personnel of diplomatic missions and consular offices:
Spanish citizens who work in Spanish diplomatic missions or consular offices in Turkey who opt for Spanish Social Security legislation, will request that the General Trerasury of the Social Security (General Sub-Directorate for Affiliation, Contributions and Management of the RED System), issues form (E/C.EUR.3(Cert)) "Certificate of applicable legislation.-Right to choose", which certifies that they remain under Spanish Social Security legislation while working at the diplomatic mission or consular office or while they are in the private service of members of the mission or post.
This right to choose can only be used once, in the three months after the date on which the worker was hired by the diplomatic mission or consular office or started to work in the private service of representatives of said mission or office.
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