Legal relations prior to the protection of Social Security, such as inclusion and membership in the system and registration, high and low in their regimes, as well as the quote from those included in their professional level, are subject to Regulation by various regulatory provisions of a general nature and in particular those adopted by the Royal Decree 2064 / 1995 of 22 December, which approves the general regulations on trading and settlement of other rights of Social Security, and of Royal Decree 84/1996, of January 26, which approves the general regulation on registration of companies and affiliation, high, low, and variations of workers in Social security data.
The demands of constant improvement of such regulations make unique modifications, of greater or lesser entity, in order to update and streamline management by instrumental techniques to those concern, regardless of changes to the rules of legal rank that may arise in a more or less lengthy period needed.
Heard the social partners more affected and after the mandatory reports received, it is considered necessary to improve the regulation of the casualties of the agrarian workers self-employed and self-employed on the basis of their inactivity in agricultural and non-agricultural work, which established article 1 of Royal Decree 459/2002, of 24 may, by which modify the General regulations on registration of companies and membership high, low, and variations in data of workers in Social Security and on trading and settlement of other rights of Social Security, with respect to the special agricultural scheme. To do so, deadlines of inactivity for the purposes of lowering of the self-employed and self-employed agricultural workers is uniform and facilitates return to the special scheme for agricultural workers when they cause low for the aforementioned procedure for the exercise of activities not agricultural determinant of inclusion in another scheme of the system.
This Royal Decree is issued in accordance with article 5.2 of the consolidated text of the General Law on Social Security, approved by Royal Legislative Decree 1/1994, of 20 June.
By virtue, on the proposal of the Minister of labour and Social Affairs, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of June 30, 2006, D I S P O N G O: article 1. Modification of the general regulation on trading and settlement of other rights of Social Security, approved by Royal Decree 2064 / 1995 of 22 December.
Rule 2 of the article 39.1 of the general regulation on trading and settlement of other rights of Social Security, approved by Royal Decree 2064 / 1995 of 22 December, is worded in the following terms: "2nd included in this special scheme workers performing work which lead to their inclusion in another Social security scheme for a period exceeding six months, natural and consecutive, apart from having to apply for low in the agricultural special regime of the Social Security, they will have no obligation to make contributions to this regime in those natural and complete monthly proving to have lent continuously and exclusively determining your entry for the other services. Workers who are in such a situation not entitled, while this persists, to benefits of this regime."
Second article. Modification of the general regulation on registration of companies and affiliate, high, low and variations of data of workers in Social Security, approved by Royal Decree 84/1996 of 26 January.
Rules 4th and 5th article 45.1 of the general regulation on registration of companies and affiliate, high, low and variations of data of workers in Social Security, approved by Royal Decree 84/1996, 26 January, are worded in the following terms: "4th down in this special scheme will take place when the worker do not perform agricultural work in the terms and conditions set out in this article or to check when it was released» unduly, in which case it shall apply provisions of article 60.
The situation of inactivity in the agricultural work, other non-agricultural activities, are carried out or not only will motivate low this special regime when this not has been expressly requested by the worker, in the following cases: to) whether it's farm worker self-employed as self-employed, in cases of total inactivity or those engaged with exclusive and uninterrupted, a other non agricultural activities, during the periods exceeding six consecutive calendar months, counted from the day of the initiation of non-agricultural activity or, in the case of inactivity total, from the moment of the cessation of agricultural activity that, with respect to self-employed workers, shall be produced since the end of the last month in which the last real day has carried out or , in your case, since the completion of the perception of the benefit, the unemployment allowance or the agricultural income, provided that corresponding fixed quota to the worker will enter self-employment or paid employment. For those purposes, shall be excluded from the computation of such time periods those where the worker finds in situations of temporary disability, maternity and risk during pregnancy, although it does not have a right to perceive of the corresponding subsidy for lack of the required minimum contribution period.
In these cases, the agricultural workers must apply for the low in this special scheme within the period of six days following the day in which the indicated limit was exceeded and cited low shall take effect from the first day of the seventh month following that in which began the non-agrarian activities or the the last time performed by the worker or completion of the perception of the provision the unemployment allowance or the agricultural income.
After this period without submission of the request, the General Treasury of the Social Security may decide it ex officio.
(b) when there is no communication of real workshops with respect to a worker on account of others during six consecutive calendar months and without that for them the worker enters the fixed fee corresponding to this special scheme, the General Treasury of the Social Security will give low to the worker with effects on the last day of the month in which performed the last real day communicated.
Agricultural workers on their own or included in this special regime which perform, self-employed for a period longer than six months, consecutive, and natural works which have been framed in a different regime from the agrarian to the Social safety causing low, once completed the works cited or have exhausted the corresponding economic benefits from Social Security including benefits and allowances unemployment that had right by these works, you can request and obtain its registration in the agricultural census of Social Security, without having to prove again habitually requirements and fundamental means of life for inclusion in the special agricultural scheme, provided that the request is formulated within the three months following the date of completion of work or benefits or subsidies indicated.
5th in the cases referred to in the previous rules, when the self-employed start or end their activity without match the beginning or end of the calendar month or do not match the date provided in the connection with the communicated by the employer or the worker, the inscription or the decrease in the Census of this special scheme shall take effect «, respectively, from the day you start farming in that month or the day that has failed to meet the conditions to be included in such a regime.»
Sole repeal provision. Repeal legislation.
Many provisions of equal or lower rank is contrary to the provisions of this Royal Decree are repealed.
First final provision. Application and development powers.
It empowers the Minister of labour and Social Affairs to dictate how many general provisions necessary for the application and development of the provisions of this Royal Decree.
Second final provision. Entry into force.
This Royal Decree shall enter into force the first day of the month following its publication in the "Official Gazette".
Given in Madrid on June 30, 2006.
JUAN CARLOS R.
The Minister of labour and Social Affairs JESUS CALDERA SANCHEZ-CAPITAN