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Workers moving abroad

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:

It is applicable to Spanish and Tunisian workers.

Initial move

For workers employed by another person who work for a Spanish company and are sent by it to work temporarily in Tunisia , the corresponding transfer certificate should be applied for at a Provincial or Administrative Office of the General Treasury of the Social Security.

Self-employed workers cannot invoke this section to remain under Spanish Social Security legislation for their transfers to Tunisia However, they can make an application under the terms of the section "Other Exceptions".

Application form

The company must make its application using form TA.200  "Application to remain under Spanish Social Security legislation.- Initial expatriations" together with form ES/TUN.101 "Certificate of applicable legislation", filled out in triplicate.

The form issued by the local Provincial or Administrative Office 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 Tunisian Social Security contributions.

Period of authorisation 

The maximum length of time for the transfer is 24 months

Ordinary extension

If employees have to extend their stay in that country for more than the initial two years, the employer must apply to the General Sub-Directorate for Affiliation and Special Procedures of the Treasury General of the Social Security for an extension to remain under Spanish Social Security legislation. This must be done far enough in advance before the end of the authorised period.

Application form

The application for an extension must be made using 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" along with four copies of form ES/TUN.102 "Certificate of extension of expatriation", which will be sent to the Competent Institution of Tunisia so that once part B has been filled out, they can be returned to this Body.

If consent has been given on the form, this certifies that the worker continues to be subject to Spanish Social Security legislation for the authorised period.

Period of authorisation 

The maximum length of time for the extension is two years.

Other transfers

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

Are the bodies with the power to authorise transfers for:

    • Itinerant personnel of air and ground transport companies with their headquarters in Spain who work in both countries.
    • Salaried workers who work on board a ship with the Tunisian flag but who are paid by a company or person domiciled in Spain.
    • Spanish workers who are resident in Spain and work for a mixed fishing company constituted in Tunisia and on a boat flying the Tunisian flag.
    • Those sent on missions of cooperation.

Authorisation is issued on form ES/TUN.101, "Certificate of applicable legislation". The company must fill out this form in triplicate, together with form TA.200 

General Sub-Directorate for Affiliation and Special Procedures.

For the transfer of:

    • Spanish civil servants sent to Tunisia,

The General Sub-Directorate for Affiliation and Special Procedures will, upon the request of the public body, issue form ES/TUN.101 "Certificate of applicable legislation" for the full duration of the expatriation. The application must be made on form (TA-202).

For the transfer of:

    • Spaniards who work in Spanish Diplomatic Missions or Consular Offices in Tunisia
    • Personnel in the private service of the former, who are Spanish and opt for Spanish Social Security legislation,

The General Sub-Directorate for Affiliation and Special Procedures will issue, upon the request of the public body or worker, certificate ES/TUN.103, "Exercising the Right to Choose", which must be signed by the worker and submitted in triplicate, for the full duration of the expatriation.

Other exceptions

Applications for other exceptions are processed by the General Sub-Directorate for Affiliation and Special Procedures of the Treasury General of the Social Security.

The application for an extension must be made by the company or self-employed worker on form TA.202 "Application to remain under Spanish Social Security legislation under the terms of art.17 of EEC Regulation 1408/71 and other extensions of Bilateral Agreements"".

Once the Tunisian Social Security System has given its consent, the General Sub-Directorate for Affiliation and Special Procedures of the Treasury General of the Social Security will issue form ES/TUN.101 "Certificate of applicable legislation", certifying that the worker continues to be subject to Spanish Social Security legislation for the authorised period.

   
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