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Situation assimilated to that of affiliation

This occurs in certain cases expressly specified by law, when, after temporary or definitive termination of work activity, it is deemed that the active contributor status the worker had prior to termination must be maintained. These assimilations operate, in any case, for the contingencies which may be specified and with the scope that may be determined in each case.

Legal situation of unemployment, total and subsidised, and of involuntary unemployment once the contributory or non-contributory welfare benefits are exhausted, provided that registration at the Employment Office as unemployed is maintained.

Forced leave.

Situation of leave of absence for child care with job preservation, in accordance with the applicable legislation.

Suspension of employment contract due to military service or alternative social service.

Transfer of the employee by the company outside of Spain.

The signing of any type of special agreement.

Periods of inactivity between seasonal jobs. 

Periods of imprisonment suffered as a result of the cases contemplated in the Amnesty Law.

The situation of those workers who are not affiliated nor in any of the other assimilated situations after having rendered services in jobs that entail the risk of occupational disease and for the sole purpose that permanent disability may be declared as a result of said contingency.

For the artists and bullfighting professionals collectives, those days when contributions are made by applying the rules which regulate their contribution, which shall be deemed as days of contribution and with active contributor status even if they do not correspond to those of the rendering of services.

For the sole purposes of maintaining the right to medical assistance, the situation of termination of affiliation of workers employed by another person who are included within the corresponding Social Security Regime, regardless of whether or not they have had active contributor status thereunder for a minimum of ninety days during the three hundred sixty-five calendar days immediately preceding the date of termination of affiliation.

For the sole purposes of health care, the situation of dismissed workers included in the corresponding Social Security Scheme, who are waiting to hear a decision by the employment courts regarding a claim for unfair or unreasonable dismissal.

For purposes of unemployment protection, the situations deemed assimilated to affiliation are those determined by the specific rules which regulate these benefits.

Under the Special Agrarian Regime, the situation of displacement to another country for reasons of work.

Under the Special Regime for Self-employed Workers, the ninety-calendar-day period following the last day of the month during which termination of affiliation to said Regime takes place.

Those periods during which aids designed to promote early termination of agricultural activity are received.

All other persons determined by the Ministry of Work and Immigration.

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