Law 18/2007, Of July 4, Which Proceed To The Integration Of Workers Self-Employed The Agrarian Special Regime Of The Social Security In The Special Regime Of The Social Security Of Workers Or Auto...

Original Language Title: Ley 18/2007, de 4 de julio, por la que se procede a la integración de los trabajadores por cuenta propia del Régimen Especial Agrario de la Seguridad Social en el Régimen Especial de la Seguridad Social de los Trabajadores por Cuenta Propia o Autó...

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JUAN CARLOS I King of Spain to all that the present join together and act.

Know: That the Cortes Generales have approved and I come in to sanction the following law.

EXHIBITION grounds I El regime special agrarian of the Security Social was born in the mid-sixties of the last century, moment in which the agricultural sector occupied a frontline position in economic activity, because of its relevance both in the population active busy as in the national gross domestic product.

Its objective was the agricultural workers joined the protection of Social Security, from a perspective that recognized them specific singularities in terms of price and performance.

For these purposes, was to combine a specific framework of contribution attenuated with levels of protection progressively updated, to be converging with the set to other schemes of Social Security, all this taking into account the economic possibilities of the sector. This joint is currently regarding basic decree 2123 / 1971, of July 21, which approved the revised text of the agricultural Social security legislation and Decree 3772/1972, of 23 December, which meant their regulatory development.

It is, however, rules which, in good measure, no longer correspond with the changes operated in recent decades in the agricultural sector, in particular so refers to the inclusion of workers on their own, which, on the other hand, have been affected by the process established through the thirty sixth additional provision of the revised text of the Act General of the Security Social built by law 36/2003, of 11 November, measures of economic reform, which has given rise to differences within that group.

II in order to update the mechanisms of social protection of farmers on their own, overcoming the existing differences and deepen the objective of convergence of regimes and integration of the workers on their own in a single regime, dated 20 October 2005 adopted the agreement on framework and contribution to the Social security of self-employed agricultural workers formalized between the Ministers of labour and Social Affairs and agriculture, fisheries and food and the representatives of the agricultural organizations.

Under this agreement provides for a set of measures aimed at the progressive Equalization of the self-employed from the special agrarian regime with the enclosed in the special regime of workers by self-employed, that has to carry, with effect from 1 January 2008, the integration into this last regime of all agricultural workers on their own , with the prior establishment of a special system for account own agricultural workers.

These forecasts affect on a priority basis to aspects related to the contribution to Social security that have already begun to receive adequate treatment policy through measures contained in law 36/2003, of 11 November, economic reform measures, and in law 30/2005, of 29 December, of the State budget for the year 2006.

Also referred to in the agreement a transitional period - which will end at the time of the integration of the agrarian workers self-employed workers of special regime for self-employed - in which, to facilitate the above-mentioned integration, be clarified the scope of the special agricultural scheme as regards this type of workers.

III the objective of this law is to introduce reforms that requires adequate and effective translation of any of the foregoing, which, given that the special agricultural scheme is regulated by law, requires a standard of the same hierarchy.

In this perspective, the law affects the following basic aspects: to) ordered the integration of own-account workers included in the special agricultural scheme in the special regime of the workers by self-employed, with effect from January 1, 2008, advancing, so the line marked by the recommendation VI of the Pact of Toledo.

(b) it establishes, within the mentioned regime, a special system for workers by own account agricultural collecting the basic criteria of the regulations for the modernization of agricultural holdings and which is intended to reinforce the social guarantees of small farmers and to collaborate in the improvement of the prospects for viability of the sector.

It affects, in this regard, the establishment of specific mechanisms of contributions and a global view of all members of the family farm, with special emphasis on the incorporation of women and young people, as the essential foundation for the future development of the field.

Stresses, in this regard, the establishment of a reduction in the contribution of the spouses and descendants of the owners of agricultural holdings incorporated in activity in such farms.

(c) Finally, and as long as there is the integration of the agricultural workers in the special regime for self-employed workers self-employed, is the modification of the scope of the special agricultural scheme, in relation to the self-employed, so that the same to unfold immediately in a few parameters like that constitute in the future the above-mentioned special system driving, from the perspective of Social Security, the modernisation of agricultural holdings and its adaptation to current needs.

It is, set up a set of initiatives that, with support in the social dialogue, are intended to create basic conditions for the guarantee of the rights of farmers on their own, thus adapting its regulation to the new reality of the Spanish countryside and the need to promote the modernization of the sector.

Article 1. Integration in the special regime of workers by own-account or self-employed workers self-employed in the special agricultural scheme.

With effect from 1 January 2008, own-account workers included in the special agricultural scheme will be added to the special regime for self-employed, workers being implementing the legislation that is in effect in that procedure and without prejudice to the application, where appropriate, of the peculiarities established in the special scheme for workers by account own agricultural to that referred to in the following article.

Article 2. Creation of the special system for account own agricultural workers included in the special regime of workers self-employed.

1 is set, within the special regime of workers self-employed, and with effect from January 1, 2008, the special scheme for workers by own account agricultural, in which will be included the agricultural workers on their own, over 18 years, who meet the following requirements: to) be in possession of an agricultural holding and get at least 50 per 100 of its total realization of agricultural activities or other supplementary income, provided that the part of income directly from the agricultural activity in its exploitation is not less than 25 per 100 of its total income and the working time devoted to agricultural or complementary of these activities, is greater than half of his total working time.

(b) that the net annual yields obtained from the farm by each holder of the same do not exceed the amount equivalent to 75 per 100 of the amount, on an annual basis, of the maximum base of contributions established at each time in the General regime of the Social Security.

(c) the realization of agricultural work in a personal and direct way in such farms, even though they occupy workers account of others, provided that is not more than two fixed workers or, treat workers with employment contract for a fixed term, the total number of satisfied the casual agricultural wages does not exceed the 546 in a year computed from date to date.

Limitations in the recruitment of employees referred to in the preceding paragraph are understood applicable by each agricultural holding. In the event that the agricultural holding two or more holders, high there are all in the special regime for self-employed workers, or is added to the number of workers or wages laid down in the previous paragraph a fixed worker more, 273 days a year, in the case of temporary workers, by each owner of the farm excluding the first.

2. for the purposes referred to in paragraph 1 above, means agricultural holding all goods and rights organized by the owner in carrying out agricultural activity, and which is itself a unit of the technical and economic, and may the holder of exploitation to be their status as owner, tenant, sharecropper, assignee or other analogous concept, farms or material elements of the respective agricultural holding.
For the same purposes, are considered complementary activities the participation and presence of the owner, as a result of public choice, institutions of representative character, as well as nature of Association, cooperative or professional representative bodies, provided that these are related to the agricultural sector; will also have the consideration of follow-up activities of processing and direct sale of products exploitation and those related to the conservation of the countryside and the environment, as well as the tourist protection, hunting and artisan made on his farm.

3. the incorporation into the special system regulated in this article will affect, in addition to the owner of the farm, his spouse and relatives by consanguinity or affinity up to the third degree inclusive without consideration of workers employed, provided that they are over 18 years of age and carry out agricultural activity in a personal and direct way in the corresponding family farm.

4. those interested, at the time of request their incorporation to the special system for account own agricultural workers, must submit exculpatory statement of accreditation of the requirements laid down in the preceding paragraphs for inclusion in the same. The validity of this inclusion will be conditioned to subsequent verification by the General Treasury of the Social security of the effective concurrence of the mentioned requirements. Accreditation and subsequent verification shall be carried out in the form and time limits to be determined by regulation.

Article 3. Effects of the addition to the special system for account own agricultural workers.

The incorporation into the special account own agricultural workers system planned in the previous article shall determine the application of the following rules in terms of contribution to Social Security: to) with respect to the contingencies of compulsory coverage, if the worker chose as the basis for contributions by the minimum base that corresponds in the special regime for self-employed workers the applicable contribution rate will be the 18.75 per 100.

If, on the other hand, the worker selected by a contribution base greater than the minimum indicated in the preceding paragraph, the amount exceeding the latter applies the current contribution rate at each moment in the special regime for self-employed workers to the contingencies of compulsory coverage.

(b) with regard to the contingencies of voluntary coverage, share shall be determined by applying, on the full amount of the contribution base, the rates prevailing in the special regime for self-employed workers for such contingencies.

First additional provision. Reduction of fees in favor of certain relatives of the owner of the farm.

1. in the case of persons incorporated in farming as of January 1, 2008 that are included in the special regime of the workers by self-employed through the special system for workers by account own agricultural, which are forty or so years of age at the time of the incorporation, being spouses or descendants of the owner of the farm always that this is given high into the mentioned regime and system special, will apply, on the contribution for common contingencies of compulsory coverage, a reduction equivalent to 30 per 100 fee resulting from applied to the minimum contribution base corresponding type of 18.75 per 100.

The reduction of quotas established in the previous paragraph will have a duration of five years calculated from the date of effect of the obligation to contribute and will be incompatible with reduction and bonus planned for new workers included in the special regime of workers self-employed or autonomous in the additional provision thirty fifth of the revised text of the Act General of the Security Social approved by Royal Legislative Decree 1/1994 of 20 June.

2. the reduction referred to in the preceding paragraph shall apply to persons who have been beneficiaries of the reductions referred to in the second transitory provision and (b)) of the single repealing provision of this law, and who, as of January 1, 2008, are included in the special regime of workers by self-employed as to maintain conditions to be framed in the special scheme for agricultural own account workers.

In both cases, the reduction will have effect from 1 January 2008, although it will deducted from the term of three years duration, the period enjoyed prior to that date based on the reductions referred to in the preceding paragraph.

Second additional provision.

References the spouse of the owner of the farm contained in this law shall be considered also performed the person linked stably with him by a relation analogous to the conjugal affection once regulate, within the scope of the field of application of the system of Social Security and systems that make up the same the scope of the framework for the couple in fact entrepreneur or holder of industrial or commercial business or agricultural or maritime-fishing exploitation.

Third additional provision.

The children of the owner of the farm, under 30 years of age, although they live with it, may be hired by him as workers self-employed, without the contingency of unemployment contributions and, as a result, while accessing the corresponding coverage.

First transitional provision. Temporal change of position of certain agricultural workers on their own.

1. a self-employed agricultural workers which, at the entry into force of this law, are within the special regime for self-employed workers and meet the requirements to be covered as such in the scope of the special agricultural scheme, subject to regulation introduced by articles 2.b) and 3 of the text revised the law 38/1966 (, 31 May, and 41/1970, of 22 December, approved by Decree 2123 / 1971, of July 23, in the wording given by the first final provision of this law, them shall apply the following rules: to) may request in the subsequent six months counting from the day following the date of entry into force of this Act , in accordance with paragraph 2 of the third final provision of the same, lowering in the special scheme for self-employed workers and, at the same time, their registration in the Census referred to in section 2 of chapter II of the consolidated text approved by Decree 2123 / 1971, of 23 July , for the purposes of registration in the special agricultural scheme.

(b) the quote in the special agricultural scheme will be held by a contribution base of amount equal to that which is had been quoting, in the time of choice, in the special regime for self-employed workers. To the contribution base you will apply the following types of contributions: 1 by the amount of contribution base that matches the amount of the minimum contribution base, the 18.75 per 100.

2 by the amount exceeding the previous amount, the contribution rate that is current in the special regime for self-employed workers for the contingencies of compulsory coverage.

(c) the protective measures will include coverage of permanent disability and death and survival contingencies arising from accidents at work and occupational diseases, even though in the special scheme for workers on their own or self-employed has not had opted for be protected by occupational contingencies.

The price for these latest contingencies will be held using the full amount of the contribution base the rate of 1.00 per 100.

(d) with regard to coverage for temporary disability, will take into account the following: 1 in the event that the worker had been welcomed to the protection for temporary disability in the special regime of the workers by self-employed, the coverage of the provision for temporary disability arising from professional and common contingencies in the special agricultural scheme will be compulsory.

2nd on the assumption that the worker had not been received to the protection for temporary disability in the special regime for self-employed workers, may, at the time of registration in the special agricultural scheme, choose to voluntarily qualify for coverage, for both common contingencies of occupational contingencies.

3rd in the designated course in 1 point as, in his case, the designated the 2nd point above, the quote will be carried out by applying, to the full amount of the contribution base, the type of the 4.35 per 100, of which the 3.70 per 100 will correspond to common contingencies and the 0.65 by 100 to professional contingencies.

4th for the purpose of recognition in the special agricultural scheme of the right to protection for temporary disability, can compute, where appropriate, periods that has been quoted by the contingency expressed in the special regime of workers by self-employed.
2. on the assumption that not requested downward and the registration referred to in paragraph 1.a) in the term indicated therein, stakeholders will be included in the special regime of workers by self-employed.

Second transitional provision. Reduction of fees in favor of certain relatives of the owner of the farm included in the special agricultural scheme.

In the case of persons incorporated in the special agricultural scheme, such as own-account workers, between the date of entry into force of this law, in accordance with paragraph 2 of the third of the final disposition, and on December 31, 2007, that are forty or so years of age at the time of the incorporation, being spouses or descendants of the owner of the farm always that this is included in the abovementioned special scheme, will apply, on the contribution for common contingencies of compulsory coverage, a reduction equivalent to 30 per 100 fee resulting from applied to the contribution base that corresponds, 18.75 per 100 type.

The reduction of quotas established in the previous paragraph will produce effects from the date of commencement of the obligation to make contributions until December 31, 2007.

Sole repeal provision. Provisions which are repealed.

They are hereby repealed many disposiciones oppose provisions in this law and specifically the following: to) the thirty sixth additional provision of the revised text of the Act General of the safety Social, approved by Royal Legislative Decree 1/1994, of 20 June, notwithstanding its validity transitionally, until December 31, 2007, in relation to workers who , prior to January 1, 2006, les had been implementing the therein established, mandatory or voluntary choice, when they had chosen a contribution base higher than the minimum established in the special regime of workers self-employed, in which case will be application quote rates and coefficients regulated in paragraph 2 of this additional provision.

(b) additional provision forty ninth law 30/2005, of 29 December, of the State budget for the year 2006, notwithstanding its validity a transitional measure until December 31, 2007, for those who were beneficiaries of the reduction established therein on the date of entry into force of this law.

(c) all the precepts relating to self-employed workers contained in the text revised the law 38/1966, 31 May, and 41/1970, of 22 December, approved by the Decree 2123 / 1971, of July 23.

First final provision. Modification of the scope of the agricultural special regime of the Social Security.

Introduces the following changes in the text revised the law 38/1966, 31 May, and 41/1970, of 22 December, approved by Decree 2123 / 1971, of 23 July: 1. the letter b) of article 2 is couched in the following terms: 'b) workers on their own which, being over the age of 18, also meet the following conditions : 1st to, being holders of an agricultural holding, unless the 50 per 100 of its total income obtained it from carrying out agricultural activities or other complementary, whenever the part of income directly from the agricultural activity in its exploitation is not less than 25 per 100 of its total income and time of work engaged in agricultural or complementary activities is greater than half of his total working time.

Means agricultural holding for these purposes all goods and rights organized by the owner in carrying out agricultural activity, and which is itself a unit of the technical and economic, and may the holder of exploitation to be their status as owner, tenant, sharecropper, assignee or other analogous concept, farms or material elements of the respective agricultural holding.

Also, are considered complementary activities the participation and presence of the owner, as a result of public choice, institutions of representative character, as well as nature of Association, cooperative or professional representative bodies, provided that these are related to the agricultural sector. Will also have the consideration of follow-up activities of processing and direct sale of products exploitation and those related to the conservation of the countryside and the environment, as well as the tourist protection, hunting and artisan made on his farm.

2nd net annual yields obtained agricultural exploitation, by each owner thereof, not exceeding an amount equivalent to 75 per cent of the amount, on an annual basis, of the maximum base of contributions established at each time in the General regime of the Social Security.

3rd performing tasks agrarian personal and direct way in such farms, even though they occupy workers employed, provided that is not more than two fixed workers or, treat workers with employment contract for a fixed term, the total number of satisfied wages to any agricultural does not exceed the 546 in one year computed from date to date.

Limitations in the recruitment of employees referred to in the preceding paragraph are understood applicable by each agricultural holding. In the event that the agricultural holding two or more holders, high there are all of them in this special scheme, or is added to the number of workers or wages laid down in the previous paragraph a fixed worker more, 273 days a year, in the case of temporary workers, by each owner of the farm, excluding the first.»

2. Article 3 is worded in the following terms: «article 3.

Will be also included in this special regime as workers self-employed spouse and the relatives by consanguinity and affinity, up to the third degree inclusive, of the holder of an agricultural holding, having no consideration of workers employed, provided that they are over 18 years of age and carry out agricultural activity in a personal and direct way in the corresponding family farm.»

Second final provision. Application and development provisions.

It authorizes the Government to dictate how many provisions of implementation and development of this law may be necessary.

Third final provision. Entry into force.

1. the present law shall enter into force on January 1, 2008.

2 Notwithstanding the previous number, as provided in the transitional provisions first and second, in the letters a) and b) of the single and the first final provision repealing provision, shall apply from the day first of the month following the publication of the law in the «Official Gazette».

Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.

Madrid, July 4, 2007.

JUAN CARLOS R.

The President of the Government, JOSÉ LUIS RODRÍGUEZ ZAPATERO

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