Special agreement for workers who reduce their working hours with a proportional reduction in pay

Workers employed by another person or assimilated workers who reduce their working day, with the proportional reduction in salary, as established under sections 5 and 4.bis of article 37 of the Revised Text of the Workers' Statute Act  approved by Legislative Royal Decree 1/1995, of 24 March, or the specific legislation governing the rendering of their services, and for reasons of direct care of a child under twelve years of age, a person with a mental or sensorial disability, or a family member , up to the second degree of blood relationship or affinity who for reasons of age, accident or illness are unable to take care of themselves; for reasons of premature birth of children or for any reason that requires they remain in hospital after the birth, with the proportional reduction in salary.

The Special Agreement application is made by submitting the corresponding form (form TA-0040) to the Provincial Department of the Social Security Treasury Office or the Administration office corresponding to the applicant's home address.

- There are two deadlines:

*  90 days following the termination or situation determining the special agreement.

*  At any time.

If the special agreement application has been presented within 90 calendar days following the date of the termination of the activity or of the situation which determines signing the special agreement, it will take effect from the day following that on which the cessation in the corresponding Regime becomes effective, unless the applicant opts to have it commence from the presentation of the application.

If the agreement application had been presented outside the deadline of 90 days, it will take effect from the day on which the application is presented.

The monthly contribution basis will be made up of the difference between the bases corresponding to the reduction in the working day and any of the bases chosen by the interested party.

Choice between the following contribution bases can be made:

- The maximum  base, as long as contribution payment have been made towards it for at least 24 months  in the last 5 years prior to the reduced working day situation.

- The contribution basis  resulting from dividing the bases for common contingencies during the last twelve consecutive months prior to the reduced working day situation by 12.

- The minimum contribution basis for workers employed by another person and self-employed workers.

- An intermediate contribution basis.

In order to determine the payment to be paid in, the following reduction coefficients will be applied to the integral payment (the result of applying the prevailing single type to the contribution basis):

- Special agreement for the reduction of the working day for the care of a family member : 0.94
- Special agreement for the reduction of the working day for the care of a minor or a person with a disability:

If the Agreement had been signed later than 1st January 1998: 0.94

If the Agreement had been signed before 1st January 1998: 0.77

This agreement follows the general regulations regarding aspects not established in article 21 of Order TAS/2865/2003 of 13 October.