Order Tas/2632/2007 Of 7 September, Which Modifies The Order Tas/2865/2003, 13 October, Which Regulates The Special Agreement On The Social Security System.

Original Language Title: ORDEN TAS/2632/2007, de 7 de septiembre, por la que se modifica la Orden TAS/2865/2003, de 13 de octubre, por la que se regula el convenio especial en el sistema de la Seguridad Social.

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Article 180 of the revised text of the General Law on Social Security, approved by Royal Legislative Decree 1/1994 of 20 June, in the wording given by the organic law 3/2007 of 22 March for the effective equality of women and men, determines in its new paragraphs 3 and 4 that the contributions made during certain periods of reduction of working hours for child care disabled or family up to the second degree of kinship, referred to in article 37.5 of the text revised the law of the Statute of workers, approved by Royal Legislative Decree 1/1995, of 24 March, put increased up to 100 per 100 of the amount that would have been the day without this reduction.
This new modality of contributory family allowance has a direct impact on the special agreement regulated in article 21 of the order TAS/2865/2003, 13 October, which regulates the special agreement on the system of Social Security, whose object consists in maintenance of the bases of contributions in the amounts that had been trading prior to the reduction in hours of work as a result of the I am, among others, the care referred to in article 37.5 of the revised text of the law of the Statute of workers. As a result, is to amend the aforementioned article 21 in order to declare the inadmissibility of the subscription of the special agreement by the regulated during these periods of reduction of the working day referred to in article 4 of the revised text of the General Social Security Act and 180.3.
Would seem appropriate, in addition, to enable the subscription of the concerned special agreement in other cases of reduction of hours of work that also produced the proportional wage or salary decrease, as it occurs in the cases regulated by the 37.7 articles of the revised text of the law of the Statute of workers and 49.d) of law 7/2007 , of April 12, the Basic Statute of the public employee, in order to make effective protection or the right to comprehensive social assistance workers and officials who are victims of gender-based violence.
On the other hand, the Royal Decree 615/2007, of May 11, which regulates the Social security of caregivers of persons in situations of dependency, establishes the mandatory inclusion of non-professional caregivers within the field of application of the General regime of the Social Security, which will be in situation assimilated contributor through the signing of a special agreement in the terms and conditions that are determined.
Without prejudice to the supplementary application of the provisions of chapter I of the order TAS/2865/2003, 13 October, which regulates the special agreement on the system of Social Security, in matters not provided for by the aforementioned Royal Decree, as noted in its article 5, it is necessary to regulate some aspects of the special agreement of the informal carers in the development and implementation of such standard regulatory in exercise of the right granted to the Minister of labour and Social Affairs by its fifth final provision.
These aspects lie in determining the date of the concerned special Convention and, where appropriate, of the option for the maintenance of the contribution prior to your subscription base; in the fixation of dedication complete non-professional care, given their impact on the relevant quotation; in specify the scope of the compatibility of the unemployment benefit entitled to quote retirement with this Convention; in declaring the unfairness of your subscription during the planned reduction of the working day at 180.3 and item 4 of the consolidated text of the General Social Security Act, and in the setting of the specific causes of extinction of the Convention and the quote which, in his case, run the caretaker manager.
To address this regulatory development is the order TAS/2865/2003, October 13, constitute the statutory provision which is contained, in a unitary way, regulation of all types of special agreement on the Social security system, to which should be added of the Convention for non-professional carers by corresponding modifying regulations in its articles.
Finally, we proceed to update the appointment than in paragraph 2 of article 27 of the order TAS/2865/2003 is carried out to the Royal Decree 1467 / 1997, on September 19, replaced by another to the Royal Decree 971/2007, of July 13, about athletes from high level and high performance, which regulates the peculiarities of the special agreement to be signed by such athletes and that has proceeded to repeal that.
This command is run at use of the powers conferred upon them and in particular as provided for in the fifth final provision of Royal Decree 615/2007, of May 11.
By virtue, I have: single article. Modification order TAS/2865/2003, 13 October, which regulates the special agreement on the Social security system.



Order TAS/2865/2003 of 13 October, which regulates the special agreement on the Social security system, is hereby amended as follows: one. Article 21 is worded in the following terms: 'article 21. Special agreement in certain cases of reduction of the workday with proportional decrease of wages.



1 workers employed or self-employed person assimilates that reduce their working day with decrease in proportion of the salary or remuneration, under the protection of the article 37.4 bis, 5 and 7 of the text of the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, or the articles 48.1. g) and h) and 49.d) of law 7/2007 of April 12, the Basic Statute of the public employee, they can sign the mode of special agreement which is regulated in this article, in order to maintain the contribution bases in the amounts that were trading prior to the reduction in hours.
2. not proceed the subscription of this special agreement during periods of reduction in working hours in which contributions count increased up to 100 per 100 of the amount which would have corresponded to the day of work had remained without this reduction, in accordance with article 4 of the revised text of the General Social Security Act and 180.3.
3 the monthly contribution in this special agreement base will be made up of the difference between the bases corresponding to the reduction in working hours and any of the bases chosen by the applicant from among those listed in article 6.2.1 of this order, but referred the computation referred to in paragraphs a) and b), respectively, to the 24 or the 12 months prior to the start of the day situation reduced or , where appropriate, the date on which its obligation of quoting.
4. the contribution to complete in this form of special agreement will be the corresponding to the situations and contingencies of retirement, permanent disability and death and survival, derived from common illness or non-work accident, in the regime of Social security that is signed the Convention.
«5. workers or assimilated to that sign the special agreement will be considered in status, for the purpose of the whole of the protective action of the corresponding Social security scheme.»



Two. Paragraph 2 of article 27 is drawn up in the following way: «2. this special agreement shall be subject to the peculiarities established in Royal Decree 971/2007, of July 13, on high-level and high-performance athletes, and, failing that, shall apply the provisions of chapter I of this order. "



3. Added a new section to chapter II, in the following terms: 'section 6th special agreement for caregivers of persons in situations of dependency article 28. Special agreement for informal carers of people in situations of dependency.



The special agreement between the General Treasury of the Social Security and non-professional caregivers of persons in situations of dependency, for the purpose of their inclusion in the General regime of the Social Security, will be governed by Royal Decree 615/2007 of 11 may, which regulates the Social security of caregivers of persons in situations of dependency , and, in accordance with the provisions in article 5, of chapter I of this order in matters not provided for in its articles, with the following particularities: 1. the special agreement shall take effect from the same day as the economic benefit for family care granted to the person in a situation of dependence, according to the resolution that recognised it , provided that the caregiver fulfils the conditions required in articles 1 and 2 of Royal Decree 615/2007, of May 11, for his position on Social Security.



Where, subsequent to the granting of the benefit to the person by the attended, nonprofessional caregiver uninterrupted activity that were included in the Social security system or no longer found in any of the other situations in which proceeds not the signing of the Convention in accordance with article 2 of Royal Decree 615/2007 Special , 11, the date of the Convention will be determined pursuant to the provisions of section 5.2 of this order.

2. for the purposes of entry into this special agreement, it shall be deemed that non-professional care reach full commitment referred to in article 4.1 of the Royal Decree 615/2007, of May 11, when provision for 40 hours a week.
3. in the case of special agreement by workers recipients of the unemployment subsidy eligible for contribution for the contingency of retirement, the Convention fee shall be reduced by the part that corresponds to this contingency. Interested parties who had signed the special agreement regulated in article 24 of this order may retain the basis by which came quoting, however the extinction of this last, in the terms established by the articles 2.5 and 4.2 of Royal Decree 615/2007, of May 11.
4 shall be the subscription of this special agreement during periods of reduction of working day in which contributions count increased up to 100 per 100 of the amount which would have corresponded to the day had remained without this reduction, in accordance with article 4 of the revised text of the General Social Security Act and 180.3.
5 this special agreement shall terminate for the reasons referred to in article 10(2) of this order, with the exception of paragraphs c pick-ups) and e), as well as by the following: a) for purchasing the caregiver the status of pensioner of widowhood or in favor of relatives, when 65 or more years.



(b) upon death of the perceived person in situations of dependency or extinction of the economic benefit to care for her family.
(c) when the caregiver leave provide their services as such or, in general, meet the conditions and requirements established in the Royal Decree 615/2007, of May 11.



6. when non-professional caregiver has chosen to maintain the contribution base which had been quoting, in the cases referred to in article 4(2) of the Royal Decree 615/2007, of May 11, the effects of the option will coincide with the of the designated special Convention in paragraph 1, to submit the application within 90 calendar days of the of the baja in the regime concerned by activity or previous agreement or to the reduction of hours. If the option make the deadline before indicated, it shall take effect from the day of submission of the application.



In these cases, the right to quote by the caregiver shall terminate for the following reasons: to) by waiver of the payment of the part of fee charge, communicated to the General Treasury of the Social Security. In this case, the effects of the resignation will take place from the first day of the month following the date of communication.



(b) due to lack of payment of three consecutive monthly installments or five alternatives for the part of fee charge, except for a justified cause of force majeure duly accredited."



Four. Current article 28 passes to set up the new article 29, with identical wording.



Sole final provision. Entry into force.



This order shall enter into force the day following its publication in the "Official Gazette".



Madrid, September 7, 2007-the Minister of labour and Social Affairs Jesus Caldera Sanchez-capitan.

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