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Special Cases

Employer Family Members.

Paragraph 2 of Art. 7 of the LGSS, excludes the spouse, descendants, ascendants and other family members of the employer by consanguinity or affinity up to the second degree inclusive and, where appropriate, by adoption, employed in their workplace or workplaces, when they live in the employer's home and are in the employer's charge, from being considered as employed workers, unless they can prove otherwise.

This exclusion means that they are considered as workers included in the Special Scheme for Self-Employed Workers.

Nevertheless, Law 20/2007, of 11 July, of the Self-Employed Workers' Statute, has created the possibility of hiring children under the age of 30, even though they are living with the employer.

Spanish Citizens Non-Resident in Spain.

In principle, they are excluded from the Social Security System, however there some exceptional cases where they are included with certain particular conditions, according to specific regulations:

  • Workers posted by their companies outside of national territory.
  • Spanish citizens residing abroad who are working for international intergovernmental organisations.
  • Spanish personnel hired to work for the Spanish Civil Service abroad.
  • Emigrant workers who are not protected in the country where they carry out their activity and who can sign a special agreement with the Spanish Social Security.

Finally, the government, in accordance with Art. 7.4 of the LGSS, may establish different social protection measures for Spanish citizens not residing in Spain.

Foreign citizens residing in Spanish territory.

At the contributory or occupational level, they are fully equivalent to Spanish citizens provided that they reside or are in Spain legally, with refugees and stateless persons also qualifying for the protection.

Persons excluded from the scope of application.

Persons who carry out jobs that with regard to their working hours or remuneration are considered to be marginal and not to represent a basic means of earning a living, are excluded from the scope of application of the Social Security by Royal Decree.

Special Cases.

In accordance with Art. 8 of the LGSS, persons included in the scope of application of one of the Social Security schemes, may not be required to be included for the same job in another scheme outside the System.

As a general rule, in the event that a person carries out different jobs which are included in the System´s scope of application, they will be included simultaneously in two or more schemes; for example, in the General Scheme and the Special Scheme for Self-Employed Workers.

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