Children under 18, or older than 18 and with a disability equal to or greater than 65%, who have been abandoned by their parents, and who are not in foster care, may benefit from the economic allocation for every child or minor in foster care.
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.
Managing companies, mutual insurance societies for work-related injuries and illnesses or common services, as appropriate, in accordance with their respective jurisdictions, begin benefit payments to the beneficiaries as determined by regulations, with the consequent subrogation of the rights and actions of said beneficiaries. The indicated payment is valid even when referring to companies that have disappeared or those that, due to their special nature, are not subject to collection procedures. Likewise, the companies, mutual insurance agencies and services cover payment for the scope of the employer's responsibilities.
Under no circumstances may the advanced benefit exceed an amount two and one half times the amount of the minimum wage in effect at the time of the incident or, when appropriate, the amount of the cost capital required for the advanced payment, with the limit indicated by the Managing, Mutual or Services Entities.
Enrolment of the worker in the Social Security Registry, required for all persons included in its field of application and unique throughout their lifetime in the whole system, regardless of the registrations and cessation in the different schemes that comprise it.
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.
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 time that has passed from the birth of a person to a particular date which affects inclusion in the field of application of the System schemes, as well as the right to benefits for permanent disability, retirement, orphanhood, family protection, and so forth.
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 dangerousness, toxicity, unhealthiness, etc.). (For example, 10 years as a face worker in a coal mine would allow for a 5-year reduction -coefficient of 0.50 - 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.
Special appeal against the resolutions expressly indicated and for the reasons set forth in the law, whose purpose is to control the application of the law exercised by the claims courts and to create jurisprudence doctrine, unifying inconsistent criteria, as well as to ensure that the constitutional guarantees are respected in the proceedings.
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.
An employee who is in certain cases typified by means of the regulations in which during a temporary definitive break in the working activity, the law considers that his situation should be maintained as inscribed as it was before the break.
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.
The right to acknowledge the benefits expires five years from the moment the event that has motivated the benefit takes place. This does not prejudice against certain circumstances determined by the law and which the effects of that acknowledgement are produced after three months before the date on which the application is presented. The right to retirement and the benefits for death and survival do not expire, with the exception of aid for death.
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.
This is the percentage of increase (between 30 and 50 percent) which corresponds to economic benefit percentages deriving from professional risks, if there has been a lack of means for preventing professional risks as established in the regulations of 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 by civil right, generally by means of a procedure followed before the Provincial Direction of the INSS. In the second case the right to receive the benefit expires one year after it is due.
System of financing the Social Security benefits by which the amount of the benefits and subsidies are calculated by capitalising the individual contributions for the employee throughout his/her working life.
Common service with its own juridical personality in which, by the application of the principles of financial and unique cash solidarity, all the financial resources are unified. It has in its charge the custody of funds, stocks and credits, and the general attentions of the services of collecting rights and payments of the Social Security System's obligations.
Authorisation granted by the General Treasury of the Social Security to companies with workplaces in several provinces so that administrative procedures related to contributions and collection can be done in a single process.
Declaration of the situation of permanent disability, issued by the National Social Security Office, through its agencies, for the purpose of recognising the economic 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.
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.
Living together with another person which may give rights to certain benefits or to increase their amount. It may also affect the grouping Scheme of the workers (for example, when taking effective control over the company by the partner employees).
These are financial institutions and agents authorised by the Ministry of Employment and Social Security to collect resources and to later deposit them with the TGSS (this mainly refers to banks and savings banks).
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.
For Social Security purposes, any individual or company, public or private, employing workers under their management and organisational structure who are included in the field of application of any Social Security Scheme..
An administrative decision that must be requested, through which companies are included on the Register of the General Treasury of the Social Security, as an indispensable requirement prior to beginning their activities.
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.
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 year 1939, Worker's Retirement was changed into the Elderly Subsidy; eight years later (1947), this subsidy was changed into the Elderly and Disability Insurance (SOVI) and, finally in 1955 widow protection was added. It currently survives, by virtue of a transitory regulation, for those who on 1 January 1967, whatever their age on that date, had covered the contribution period demanded by this insurance or who, by default, had appeared as affiliates to the outdated Regime of Compulsory Worker Retirement, conserving the right to receive benefits from the former insurance, in accordance with the conditions demanded by the legislation of the same, and as long as the interested parties did not have any pension charged to the Regimes which make up the Social Security system; among such pensions we understand those included in the corresponding substitutory bodies integrated in the system.
Social Insurance of a compulsory nature, which is no longer used today. It was created in 1919 for salary earners between 16 and 65 years of age whose retribution did not surpass a determined limit and in which old age was considered as disability for age. By virtue of a transitory rule, those who were affiliated to the Compulsory Worker Retirement, currently conserve the right to receive the benefits from the Compulsory Insurance for Old Age and Disability (SOVI), in accordance with the conditions demanded by the legislation of the same, and always when the interested parties do not have the right to any pension charged to the Regimes which make up 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. It entails important legislative reforms (maternity and paternity leave, sabbaticals, reduced working hours, and so forth) and the need to promote additional personal support services within the broad framework of family policy.
Eleven-digit number assigned to employers as the persons responsible for paying in contributions so as to properly identify them in the Social Security Register (it corresponds to the former employer and registration numbers).
Amount established by law, which, barring exceptions, must coincide with the actual salary, upon which the contribution percentage or rate is applied and, as a result, which provides the amount to be paid to Social Security.
Contribution to the Special Agricultural Scheme made by employers who employ workers in agricultural jobs, consisting in applying a percentage or rate to the contribution base for each day worked. This rate is set annually.
Payment Deferral: This is a system of debt payment to the Social Security beyond the standard payment period, subject to interest, which allows the interested party to be considered up to date with the payments, as long as the effective conditions are met.
Contributions paid by each work-related injury and occupational disease mutual insurance society to support the Social Security's Common and Social Services, which the General Treasury of the Social Security deducts when transferring the corresponding monthly payments collected to each mutual insurance society. It is determined by applying a coefficient to said contributions, which is set annually by the Ministry of Labour and Immigration. Collaborating entities collect these contributions along with the payments.
Family benefit that allows for the one year of leave with job position reserved, in accordance with the applicable legislation, to care for each child, whether natural or adopted, or a foster child or in cases of permanent or pre-adoptive fostering in the family, or for the care of their family members. This period is considered to be an effective contribution period, to the effects of the corresponding benefits of the Social Security for retirement, permanent incapacity, death or survival and maternity. This period considered as effective contribution will have a duration of 15 months if the family unit that the minor forms part of is a numerous family or 18 months if it has the special category.
These terms apply, in general, to different types of benefits depending on whether the person's contributions to the Social Security System were included or not in the calculation of their pension amount. Contributory benefits are mostly of a professional nature, destined to protecting the worker, whilst non-contributory benefits are destined to protect those who claim a situation of lacking sufficient resources and have never contributed to the Social Security System, or their contribution is not enough to access contributory benefits. The amount of non-contributive pensions and allowances are established annually in the Law of Proposed National Budgets.
A fraction which when applied to the contribution base of certain sea workers reduces the contributions to be paid in to the Social Security. It is applied to the contribution base for common contingencies and unemployment.
Workers with active contributor status (and in certain cases with non-contributor status), benefit recipients and pensioners may, upon their death, give their dependant relatives entitlement to the following benefits: a) A death grant. b) A life widowhood pension. c) An orphan's pension. d) Special lump sum compensation if the death was caused by a work-related injury or occupational disease. e) A life pension or, if applicable, temporary family members´ benefit.
This is a death and survivors benefit consisting of a lump sum payment of 30.05 Euros to cover the burial expenses paid. It is assumed, unless otherwise proven, that the expenses have been paid in this order: by the surviving spouse, children or family members of the deceased who live normally with the deceased.
reductions in contribution payments, due to a base adjustment, rate reduction, or contribution allowance or reduction authorised by legal provisions or regulations. They can only be applied by the persons responsible for making payments who are up-to-date with their Social Security payments at the time when they are awarded said reductions.
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.
Different states of limitation in a person's ability to carry out work, which may constitute partial disability, total disability, absolute disability or outstanding disability, which are conditions that may entitle the person to collect benefits for different amounts.
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).
Collegiate body composed of a number of professionals, present in every Provincial Directorate of the INSS (except in those in Catalonia), whose function is to examine the disability situation of a worker, and to send a preliminary report (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 the nature of the disease (if it is a common disease or an occupational one), etc.
All predictably permanent deficiencies are considered in this situation, whether they be physical or mental, congenital or not, which disable or modify the physical, mental or sensorial abilities of a person, and which may entitle that person to collect a pension. The amount is determined in the corresponding Law of Proposed National Budgets every year.
Marriage termination which, with regard to Social Security, does not terminate the right to the widow's pension. In the event of multiple bonds, the window's benefit is prorated among the different beneficiaries based on the time of cohabitation.
Workers who provide strictly domestic services on national territory to one or more heads of household, at the homes of the latter, and receive wages for these services (being therefore included in the range of application of the Special Scheme for Domestic Workers).
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.
The type of retirement that is conceded in certain cases before the age of 65 (with or without the application of reduction percentages to their total amount). In this way, firstly the normal retirement age of 65 may be lowered and retirement may be reached earlier in the case of groups or professional activities of an exceptionally painful, dangerous, toxic or unhealthy nature, which are recognised as so in the applicable law. Secondly, the minimum retirement age may be reduced for disabled people whose degree of disability is equal to or more than 65 percent. Also eligible for retirement pension with reduction coefficients (according to the rules of transient law) are those workers older than 60 who were associates of a mutual insurance society on 1-1-67 (or earlier or equivalent date). Finally, pensions may be awarded to workers older than 61 years of age who can prove at least 30 years of contributions to the Social Security, and who have been registered as unemployed salaried workers for 6 months, and were terminated by their last employer by reasons beyond the worker's control.
Its purpose is to allow the worker, prior to reaching the normal age for accessing the retirement pension, to receive an amount equal to the pension that the worker would have been eligible for if he/she had reached the age to collect it at the moment the unemployment situation occurred. It is granted in situations in which companies carry out workforce reductions as a part of their restructuring plans. It is collective, with mixed financing.
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 greater than or equal to 65%, 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.
In order to determine the requirement of the lack of income or insufficient income, to the effects of accessing retirement and disability pensions of a non-contributive mode, it is necessary to check whether the beneficiary lives with other family members or not. A cohabiting financial unit exists in all cases in which the beneficiary lives with other people, whether they are beneficiaries or not, linked to them by marriage or blood relationship up to the second degree.
An Internet access point that helps citizens, companies and professionals, administrative offices and mutual societies obtain all the information and on-line services available to them in an up-to-date and, preferably, personalised manner.
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.
In Community Law, the periods defined or admitted 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 equivalent to the employment periods.
Order from the competent administrative or judicial authority by which a person is obliged to satisfy the Social Security debts with the legitimate costs, seizing sufficient property to cover the debt.
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 25 countries.
This is the document issued by the INSS or ISM, in application of the Community Social Security Regulations, with an independent character (it is personal and non-transferable) and allows its holder access to the health services in the public health network of the member State they reside in, whether for work, studies, tourism, 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 sovereignty association is also called "European integration". The EU has five institutions, each one of which has a specific function: 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); European Commission (driving force and executive body); the Court of Justice (guarantees the fulfilment of the law); Court of Auditors (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 organised civil society with regard to economic and social matters); the Committee of the Regions (expresses the opinions of the regional and local authorities); the European Central Bank (responsible for monetary policy and the management of the Euro); the European Ombudsman (deals with reports by citizens about the inappropriate management of any institution or organisation in the EU); the European Investment Bank (contributes to achieving the EU's objectives by funding 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 expansion took place, with 10 new countries joining. 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; guaranteeing freedom, safety and justice; creating jobs; regional development; protecting the environment; and creating globalisation for the benefit of everyone.
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.
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.
When the expiry of the temporary disability is produced by the passing of the maximum time period set legally or by medical discharge with a declaration of permanent disability, the effects of the situation of temporary disability are extended until the permanent disability is qualified. At this time the economic benefits will begin, unless they are greater than those that the worker was receiving, in which case they will be backdated to the time when the temporary disability expired. Nevertheless, in cases in which, continuing the need for medical treatment, the clinical situation of the interested party make it advisable to delay the qualification for a precise period (no greater than 30 months), the effects of the situation of temporary disability will be extended until the permanent disability is qualified. The economic benefits will begin on this date.
Family economic benefit consisting in a single payment (450.76 Euros) provided in non-contributive mode, to partially compensate the increase in expenses produced by the birth or adoption of a third or later child in those families which do not surpass a certain level of income.
Family economic benefit consisting in a single payment to partially compensate the increase in expenses produced 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.
Assignments or economic benefits of which the persons integrated into the Social Security are beneficiaries, in order to cover situations of economic need or excess of expense produced by the existence of family responsibilities and the birth of children in certain cases. They may consist of a financial allocation for dependent children or fostered children, a financial benefit for the birth or adoption of a third child or any children thereafter, a financial benefit for multiple birth or adoption and a non-financial benefit (taking into account contributed periods of leave) to care for a dependant child or foster child or to care for other family members.
Institution established to provide protection for minors who have been abandoned or whose parents and guardians have requested protection, under grave circumstances. It is one of the protected situations that is covered by the maternity subsidy during periods of leave given to workers who provide foster care and it pays 100% of the base regulatory rate. Both pre-adoptive and permanent, as well as provisional fostering are protected.
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.
When there are months during which there was no obligation to contribute to Social Security during the period used to calculate the regulatory base for retirement pensions, permanent disability pensions that derive from a common disease or from a non-occupational accident suffered in an unregistered status, and in the case of salaried employees, these gaps in contribution are integrated solely for the purpose of making the mentioned calculation, with the minimum base of the General Scheme in force throughout.
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.
An obsolete expression that refers to an employer, owner or individual who exercises the representation of the household in which paid services are provided, exclusively and permanently, by the worker included in the scope of application of the Special Scheme for Domestic Employees.
Sequential number in the premium rate for work-related injury and professional illness, which is applied to each of the work descriptions in the different economic activities. It also indicates the percentages applied to the contribution bases for such contingencies in order to calculate payments. The contributions under each heading are made until 31 December 2006.
Right of the workers and pensioners and their dependent family members including those in foster care when appropriate, to receive medical and pharmaceutical care according to the conditions, content, forms and duration established by regulation. It is provided by the corresponding Public Health Services in the Autonomous Communities and by the National Health Management Institute in Ceuta and Melilla.
Persons without sufficient resources also have the right to medical assistance, as do foreigners under the conditions established by the law regulating the rights and liberties of foreigners in Spain and their social integration.
Public management organism with legal capacity to manage non-contributory disability and retirement pensions (run by the Autonomous Communities), as well as services that complement Social Security benefits, and other activities related to immigration.
Latin expression by which an accident suffered by a wage worker during his or her commute is considered a work-related injury. This circumstance is not considered to be a work-related injury in the Special Scheme for Self-Employed Workers. Permanent disability: Situation of a worker who still presents serious anatomical or functional reductions susceptible to objective determination and predictably permanent after going through the prescribed treatment and being released from medical care. These reductions diminish or impede their ability to work and may entitle them to a pension. The amount depends on the degree of disability (partial, total, absolute or outstanding disability). This type of disability causes the termination of the employment relationship, except in cases of partial permanent disability or when, in cases of total permanent disability, a suspension of employment relationship is declared, preserving the worker's post.
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.
Current value of the pensions calculated with mortality tables and interest rates approved by the Ministry of Employment and Social Security. Their amount is paid into the TGSS by the liable company or employer.
An administrative document which the autonomous health Administrations and the National Institute of Health Management issue, with computer support to residents in the territorial area who have accredited the 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 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 data, in a standardised, easy-to-read form: Health administration issuing the card; surnames and name of the card holder; personal identification code assigned by the health Administration who has issued the card; medicines benefit mode and legend which states its validity throughout the National Health System: «This card allows access to all National Health System services».
An autonomous organisation, attached to the Ministry of Employment and Social Security, with authority to manage the functions and services arising from unemployment benefits, and to grant, suspend, terminate and resume these benefits.
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.
Official document that begins the sanctioning procedure, drafted by the Labour and Social Security Inspectorate, which relates determined facts with failures to comply with labour or Social Security regulations.
Higher professional body, for participation in the control and vigilance of the managing companies comprised in equal parts (13) of representatives from the Public Administration, Trade Unions and Business Organisations.
In Community law, the periods of contribution or employment, such as are defined or admitted 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 equivalent to the insurance periods.
An employee with an indefinite contract as an intermittent - permanent worker, hired to carry out jobs that are intermittently permanent and that do not repeat themselves in certain 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.
A professional body, established by law and regulated by the government by virtue of legislative delegation, for participation in the control and vigilance of the management of Managing Bodies, which includes representatives from the civil services, trade unions, business organisations and public law corporations (National Federation of Fishing Guilds and School of Officers for the Spanish Merchant Navy).
A public body, with its own legal personality, under the management and auspices of the Ministry of Employment and Social Security. The powers of this institute are twofold: dealing with social problems in the sea fishing sector and managing the Special Scheme for Sea Workers of the Social Security.
Resolution from the Magistrates or Tribunals that decides 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, large families are defined as having one or two parents with three children or more, whether they have them in common or not. Nonetheless, the law compares large families to those that are formed in different terms, establishing the conditions to recognise and maintain the right to this classification, based on the number of children and other factors that may qualify them in the general or special categories.
Percentage that applies to a debt with the Social Security (amount plus penalty) which was not paid within the regular deadline. This penalty will be accrued from the date of expiration of the deadline, and will be due and payable fifteen days from the time the person receives the demand and notice, or the communication of the beginning of the deduction procedure.
Individual right that workers have, 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 – in cases of foster care, both permanent and pre-adoption – counting from the child's date of birth or, if such is the case, the date of the administrative or legal decision. In the event of leave of absence to care for family members, the duration may not exceed one year, unless a longer duration is agreed by collective bargaining. This type of leave applies to relatives to the second degree of blood relationship or affinity who, as a result of age, injury, illness or disability, are not able to take care of themselves and do not carry out paid work. The first year of leave of absence with position reserved for employee will be considered as a regular contribution period to the effects of Social Security for purposes of retirement, personal disability, death and survival, and maternity. This period may have a duration of 15 to 18 months if the family unit to which the child belongs is considered a large family under the general or special category.
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.
The minimum age of 65 that gives a person the right to retirement pension. It may, however, be brought forward in certain cases with the application of reduction percentages (reduction coefficients), and for professional activities considered toxic, dangerous or insalubrious (maritime workers, flight personnel in aviation jobs, miners and others), for disabled workers or in special retirement cases to the age of 64.
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.
Lump sum, 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.).
Participation in management taken on by employers either obligatorily, such as in the delegated payment of certain benefits (Transitory Disability, Partial Unemployment, and so forth) or voluntarily, such as related to work-related injury and professional illness through the Social Security work-related injury and illness mutual insurance societies, or that carried out by employers who request to take on Medical Assistance and Transitory Disability and who are authorised to do so by meeting specific requirements.
Public entities with legal personality that manage and administer the benefits and services that correspond to the jurisdiction of the Social Security under the direction and guardianship of the relevant ministerial departments. Some examples of management agencies are the National Social Security Institute (INSS), the Marine Social Institute (ISM) and the Institute of Social Services and the Elderly (IMSERSO).
A programme that includes the specific preventive and supportive health activities intended for sea workers, primarily: medical examinations prior to boarding, health care training, Radio-Medical Centre, Overseas Support Centres and Hospital Ships.
Period of leave, or inactivity for the self-employed, which gives rise to a protected situation due to birth, adoption and foster care (whether pre-adoptive, permanent or provisional), the duration of which is set by law, which gives the right to a subsidy equivalent to 100% of the regulatory base. The father may take this leave, simultaneously or successively, in the conditions established by law.
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. Medical discharges for medical treatment or upon completion of the maximum duration of the temporary disability are also issued in order to begin a procedure for permanent disability. The medical discharge certificate is issued by the doctor from the Public Health Service, the INSS or the Social Security's work-related injury and illness mutual insurance society.
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.
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. The minimum base payment to Social Security for workers who earn more than the minimum professional wage is calculated as a percentage of the salary that is over the minimum wage.
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.
Workers who have gone missing due to an accident, whether job-related or not, in circumstances that give rise to a presumption of death, when no news is received after 90 calendar days following the accident, may give cause for death and survivor pensions, except the death grant, retroactive to the date of the accident.
Insurance companies that manage voluntary insurance services that complement the compulsory Social Security system, through fixed or variable premiums from members of a mutual society, individuals or companies, or from other insurance entities or individuals. As for the range of coverage, in the forecasting of possible risks contained in these policies, the situations that would qualify for benefits are death, widowhood, orphanage and retirement, guaranteeing in such cases economic 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 inability to work or illness or for legal counsel and assistance expenses, as well as family contingencies caused by legal acts or events that temporarily impede the exercise of the worker's profession.
The National Health Management Institute (INGESA) is a Management Organismism of the Social Security, with its own legal personality and linked to the Ministry of Health and Consumption, through the General Cohesion Directorate of the National Health System and High Inspection (which runs the General Health Department). It manages Social Security health 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 Institute of the Social Security (INSS) is a Managing Body with its own legal personality, linked to the Ministry of Employment and Social Security through the State Secretariat for Social Security. Its general jurisdiction includes managing and administering the financial benefits of the Social Security System, except those that are managed by the Institute for the Elderly and Social Services or competent services in the Autonomous Communities.
Specifically, the National Social Security Institute has the following functions: To recognise and control entitlement to contributory economic benefits awarded by the Social Security System, without affecting the functions of the National Public Employment Service regarding unemployment benefits, or the Marine Social Institute regarding the Special Scheme for Sea Workers; to recognise and control the right to a financial allowance per child under custody, as well as to single sums paid upon the birth of a third child or more, or multiple births; to recognise the right to health care; to take care of international relations of an institutional nature, and to negotiate and enforce the International Agreements for Social Security; to manage and operate the Registry of Public Social Benefits; to manage the economic and social benefits related to toxic syndrome, etc.
A benefit for employed workers included in the scope of application of the Social Security System. It consists of considering the first year of leave of absence - whether it due to the natural birth of a child, adoption, or foster care, both pre-adoptive and permanent - as a period of effective contribution, with the right to return to the same job.
Right to the recognition of retirement pensions, survivor's benefits and death benefits, with the exception of funeral expenses, which does not expire with time, without prejudice to the fact that effects of such a recognition take place after a period of three months from the time the corresponding application was presented.
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.
With respect to accidents in the workplace and work related illnesses, employment consists of the carrying out of clearly identified work, common to many activities in which risk is independent from the activity of the company.
Resolution contained in Order 25-6-63 which assimilated the occupational classifications existing on that date in the different Labour Regulations into the Contributory Groups established 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.
In the case of self-employed workers in the Special Schemes for Agriculture, the Self-employed or Sea Workers, an occupational disease is defined as one that is contracted as a direct and immediate consequence of the activity that is carried out and that determines the worker's inclusion in that special scheme.
Pension received by the children of a deceased worker, whatever the legal nature of his or her relationship, as well as the children that were brought into the marriage by the surviving spouse (if they meet the additional requirements), as long as they are under 18 years of age at the time of the worker's death, or are disabled to work, if the worker covered the required contribution period. If the children of the deceased parent do not work for profits, either as employees or self-employed, or, if although being employed, their annual earnings are less that the 75% of the annual minimum interprofessional wage established at that moment, they may benefit from an orphan's pension as long as they were less than 22 years of age at the time of the worker's death, or less than 24 if there are no surviving parents.
Children, regardless of the legal nature of their relationship with the worker, who upon the death of their parents (either both the mother and the father or one of the two) have the right to an orphan's pension for as long as they meet the age and conditions that are established by law.
Permanent disability that results from anatomical or functional loss, causing the individual to require assistance from another person for the most essential acts of life, such as getting dressed, commuting, eating, and the like. People with outstanding disabilities are entitled to a pension for absolute permanent disability, increased by 50% so they are able to hire a person to take care of them.
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.
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 turning 60 years of age (natural years or not, if bonuses apply), which is simultaneous with a part-time contract, linked or not with a replacement contract to a registered unemployed worker, or whose length is agreed by contract with the employer. The replacement contract is mandatory if the worker has not yet turned 65 years of age.
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 ISM and Executive Commissions").
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.
Voluntary insurance scheme that is complementary to Social Security benefits and allows a person to sign a contract with certain authorised financial entities, entitling him or her to collect income or capital as retirees, survivors, widows, widowers or orphans, 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).
Workers and people in general whose physical, psychological or sensorial abilities are diminished, or who suffer from a chronic disease of a degree of 33% or more, may have access to various contributory or non-contributory benefits, according to the degree of their disability, if they meet the additional criteria required by law, and without affecting the collection of other benefits.
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.
Following the procedure, immediately prior to drafting the resolution proposal, the interested party is informed in order to present allegations and the documentation and justifications deemed appropriate, during a period of no less than 10 and no more than 15 days. In some cases, the right to certain information or data contained in the file may not be exercised. The process is deemed complete if the interested party indicates the decision not to provide allegations nor new documents or justifications prior to the deadline and likewise, the interview process may be suspended when there are no facts nor allegations and evidence in the procedure other than those adduced by the interested party, nor are any taken into account in the resolution.
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.
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.
Fees paid to cover the risks of work-related injuries and professional illness. They are different for different activities, industries and tasks. A rate of applicable percentages is set to determine the premiums.
Unique enrolment number that the General Revenue Office assigns to the employer, whether an individual or a collective, for identification in the corresponding Social Security System scheme upon initiation of the labour activity in any location in the country.
Any credits whose holder has preference over others in being paid with the property of a common debtor. This is the case of the benefits that are the responsibility of the employer, Social Security contributions and certain salary credits.
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.
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 of State for Employment, which 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.
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.
Electronic Data Transfer which makes it possible to send data relating to the inscription of companies, affiliation, inscriptions, discharges of workers, as well as the contribution and collection through electronic, computer or telemetric 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 reduced from the retirement pension in certain situations, for each year that workers who are under the ordinary retirement age that decide to retire early. This percentage varies depending on the number of years accredited throughout the worker's career. It is applied to early retirements with mutual member conditions at the age of 60 or, without them, from the age of 61.
A unified register, whose management and running depends on the INSS, which includes the public social benefits of an economic nature, destined to people or families (whether passive classes of the State, of the Social Security, of the substituting bodies, of prevision regimes of the Autonomous Communities, Local Corporations, and in general, bodies financed either wholly or partly by public resources), to the effects of determining their incompatibility and setting the maximum limits. The catalogue of organisms, bodies and companies included in the Register is published annually.
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.
This is the contract drawn up simultaneously with the part-time contract with a partially retired person, with an unemployed worker or one who has joined into a contract with the company for a specific duration, in order to cover the work day left open by the partially retired employee. The relief contract is required to replace workers who have partially retired prior to the age of 65 and is authorised if they have already reached that age. The contract must also meet certain legal peculiarities.
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 falls on the managing company, work-related injury and professional illness insurance or collaborating company, when the requirements demanded 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.
Pension for life that is awarded to a worker who, ceases working upon reaching the legal age, or has already ceased working, and meets the required conditions. The normal retirement age is legally set at 65 years of age. There are different classes or types of retirement.
When a worker older than 65 years of age retires, he or she may receive an additional 2% of the resulting amount for each full year of work after turning 65, as calculated at the time of retirement. This is applicable as long as he or she has contributed to the Social Security for more than 35 years. If the worker has not contributed for 35 years, then the additional time will be calculated for pension purposes after she or he reaches 35 years of contributions.
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.
Full or partial restitution to the obliged subject of the payments made in error, in the terms and cases established by law. The right to the return expires 4 years from the day following the date the payment was made.
A new examination and qualification of a permanent incapacity, instigated by the INSS, or by the interested party himself, the collaborating bodies, the companies responsible for the benefits, those responsible for the subsidies or joint ones, for deterioration, improvement or error in the diagnosis of the condition of the disabled person, as long as the incapacitated person has not reached 65 years of age.
The causal event of a benefit is that which lead to the contingency or protected situation as established by law or by regulations in a given date. For example, death is the causal event for a widow's pension, while meeting retirement age and work stoppage are causal events for retirement pension, etc.
An economic benefit which consists of a subsidy equivalent to 75 percent of the regulating base to protect the health of a worker or the foetus whilst her work contract is suspended in the event that she has to change her job for another one that is compatible with her condition and this job change does not turn out be technically or objectively possible, or cannot be reasonably demanded for justified reasons.
To calculate how many years a person contributed to social security and then apply a percentage that finally determines retirement pension amount, we need to add the number of contributing days in the person's work life to the number of years (and fractions of a year) that correspond to the worker, based on his or her age on 1 January 1967, according to an established scale. This allocates 250 days those persons aged 21 on that date and, from that age upwards, it increases by an equal proportion –250 days- for each additional year of age.
Chart with assessments of physical, mental or sensorial factors to determine the degree of disability or chronic illness for the purposes of the invalidity pension (non-contributory mode), economic benefit per child or minor in foster care and other protection measures.
Created by law in 1953 and envisaged in the General Law on the Social Security as a Special Regime for students. This concept has yet to be completely developed. It affects those enrolled in official centres from secondary education to university and, at the most, up to 28 years of age. The minimal rate is paid together with the inscription in the school and includes health care and scarce economic benefits.
The Social Security System extends to the subjective consideration. With the final objective being that stated in Article 41 of the Constitution of "...a public Social Security scheme for all citizens..." the current Social Security System outlines the scope of application of those who carry out a professional activity in a series of schemes. The General Scheme covers employed persons or analogous workers in the various branches of economic activity, either provisional, temporary or permanent, even for discontinuous work, and domestic workers, regardless of their occupational classification and the form and amount of the remuneration received, except for those who perform an activity that gives rise to including them in one of the following Special Schemes, which also include their particular self-employed workers: Sea Workers; Coal Mining; Self-Employed Workers; Domestic Employees. 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 Scheme for Domestic Employees and Special Agricultural Scheme have been included in the General Scheme for the Social Security as special systems.
Likewise, , in the non-contributory mode, the subjective scope extends to all Spaniards residing in Spain.
Documented drafted by the Labour and Social Security Inspectorate which indicates the processing of settlement dossiers for Social Security debts (affiliation and registration infractions, contribution differences, and so forth).
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.
A wage system that is typical of the fishing trade, in which they take the employers benefits and some expenses from the gross price of the catch, and the resulting net price is distributed among the fishermen according to their role and in proportion to the agreed share.
Medical declaration, by means of the medical sick leave certification, issued by the doctor of the Public Health Service, or the work-related injury and illness mutual insurance society, which determines leave from work and, when appropriate, the right to cash benefits for transitory disability.
Basic principle of the Social Security System, declared by law, which centralises in the General Social Security Revenue Office the management of resource collection and the custody of funds, assets and credits.
In order to give the right to benefits it is a necessary requirement to be affiliated and inscribed. Nevertheless, various legal provisions establish assimilated situations for special circumstances of the worker, such as unemployment, forced leave due to military service or replacement social benefit, posting of the worker by the company outside the national territory, etc. Temporary incapacity, maternity, and strike can be considered equivalent to this situation.
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. Labour Court: 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.
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 adding together all of the insurance periods in each one of them, and distributing the benefits load under a prorated formula; that is, in proportion to the contribution periods in each country.
Communication that the employer is required to make, regarding the employees at his/her service or, as appropriate, the employee, to the Social Security when the employee enters the company, or begins self-employment, respectively.
As a Common Service of the Social Security, this department is run by the General Directorate of Organisation of the Social Security, each Social Security Managing Body, the General Auditing Department of the Social Security and the General Treasury of the Social Security, regarding programmes and projects that affect their respective jurisdiction. 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.
These are non-profit associations that are duly authorised by the Ministry of Employment and Social Security and are subject to regulations. They are run by employers who assume a joint responsibility, with the main objective of working together in the management of the Social Security, without prejudice to other benefits, services and activities that are legally assigned to them. Social Security management collaboration includes the following activities: Collaborating with the management of work-related injury and occupational disease contingencies; carrying out risk prevention and recovery activities and collaborating with economic benefits management for temporary disabilities caused by common contingencies.
They may also assume the coverage of economic benefits for temporary disabilities caused by common contingencies for the personnel working for associated employers, as well as temporary disability benefits for workers in the Special Scheme for Self-employed Workers or self-employed workers included in the Special Social Security Scheme for Agriculture.
The structure of the Social Security System is made up of the General Regime and the Special Regimes established for some professional activities due to their nature, their peculiar conditions of time and place, or the type of production processes. Currently the Special Regimes are for sea workers, coal mining, farming, freelance workers, home cleaners and students (this last one is still under processing).
An agreement entered into with the Social Security for workers who no longer have active contributor status, or for affiliated workers in other specific situations, in order to maintain their entitlements being acquired, without losing the effects of the contributions made previously.
Type of retirement that is a way of promoting employment by allowing the lowering of the minimum age from 65 years of age to 64 for salaried workers, without reducing coefficients, as long as a registered unemployed worker is hired to replace them with a full-time contract for a minimum of one year at the same time that they stop working,.
An expression which is used in order to designate affiliation, form of contribution or collection collectives affected by peculiarities in fitting into the General Regime (fruit and vegetables, resin, vegetable preserves, etc.).
Basic right of all workers, which causes the suspension of a work contract and, as a result, of the mutual obligations of working, receiving pay and contributing to Social Security. The worker remains in a special status situation.
Percentages which increase the amount of the debt with the Social Security when the payment has not been made in the stipulated period. The surcharge percentage 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 regulatory period.
Situation of common or occupational illness or accident that may entitle the worker to a subsidy for as long as he or she is receiving medical assistance from Social Security, given the worker is unable to work. It has a maximum duration of 12 months, which can be extended for 6 more months if it is foreseeable that the worker may be released from medical care at the end of this period due to complete recovery. Another possible cause for temporary disability is the period of convalescence for an occupational disease with sick leave, with a maximum duration of 6 months, and extensible to another six, when needed in order to study and diagnose the condition. Temporary disability is a cause for the suspension of a work contract.
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 unanimous agreement from Parliament, of 6 April 1995, in which it embodies the consensus of the social and political forces on the structural problems of the Social Security and the principal reforms to resolve them.
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.
Any of the forms that can be used for an agreement between businessman and employee by which the worker is obliged to provide certain services to the businessman and under his management in exchange for a retribution.
Within the contributive mode, the juridical framework of retirement presents diverse classes, types or possibilities for retirement pensions. These are: partial retirement; advanced for reasons of professional activity or disability; advanced with the mutual condition; advanced without the mutual condition; special at 64 years of age; ordinary at 65 years of age; ordinary at over 65 years of age and gradual and flexible.
An autonomous organisation, subordinate to the Ministry of Employment and 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, suspension of payments, bankruptcy or bankruptcy proceedings of their employers.
Any natural person who carries out an activity as an employed or self-employed worker, which determines their inclusion in the scope of application of the schemes which make up the Social Security System.
A worker who renders services in the different branches of the economic activity, independently of the type of contract, professional category, way and amount of remuneration or nature of his working relationship.
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.
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 Agricultural, Self-employed and Sailors and Fishing Schemes, a work injury is any injury occurring as a direct and immediate result of the self-employed work which is determined to be included in the applicable field 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.