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Royal Decree 807/2006 Of 30 June, Amending The General Regulation On Trading And Settlement Of Other Rights Of Social Security, Approved By Royal Decree 2064 / 1995 Of 22 December, And The General Regulation On In...

Original Language Title: Real Decreto 807/2006, de 30 de junio, por el que se modifica el Reglamento general sobre cotización y liquidación de otros derechos de la Seguridad Social, aprobado por el Real Decreto 2064/1995, de 22 de diciembre, y el Reglamento general sobre in...

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TEXT

Legal relations prior to the protection of social security, such as inclusion and affiliation in the system and registration, high and low in their regimes, as well as the listing of those included in their level They are subject to regulation by various general provisions of the general nature and in particular those adopted by Royal Decree 2064/1995 of 22 December 1995 adopting the general regulation on listing and settlement of other social security rights, and of Royal Decree 84/1996 of 26 January 1996 on the General Regulation on the registration of enterprises and affiliation, high, low and variations of data of workers in the Social Security. The requirements for constant improvement of these regulatory standards make it necessary to introduce unique changes, of greater or lesser importance, in order to update and speed up the management by means of the instrumental techniques to which they refer, with independence of amendments to the rules with a range of law which may occur within a longer or shorter period. Having regard to the social partners most affected and following the mandatory reports received, it is considered necessary to improve the regulation of the casualties of agricultural workers on their own account and on behalf of others, depending on their inactivity in work. agricultural and non-agricultural, which established the first article of Royal Decree 459/2002 of 24 May, amending the General Regulations on the registration of enterprises and affiliation, ups, downs and variations of data of workers in the Social security and the listing and settlement of other social security rights, with respect to the Special Agrarian Regime. To this end, the periods of inactivity for the purposes of the reduction of the agricultural workers on their own account and for the account of others are uniform and the reinstatement of the Special Agrarian Regime of these workers is facilitated when they cause the reduction in the aforementioned. the scheme for the exercise of non-agricultural activities which are decisive for its inclusion in another scheme of the scheme. This royal decree is dictated in accordance with the provisions of article 5.2 of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June. In its virtue, on the proposal of the Minister of Labour and Social Affairs, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 30 June 2006,

D I S P O N G O:

Article first. Amendment of the general regulation on the listing and settlement of other social security rights, adopted by Royal Decree 2064/1995 of 22 December 1995.

Rule 2 (2) of Article 39.1 of the General Regulation on the Listing and Settlement of Other Social Security Rights, adopted by Royal Decree 2064/1995 of 22 December 1995, is hereby worded as follows:

" 2. The workers included in this special scheme who carry out work giving rise to their inclusion in another social security scheme for a period of more than six months, natural and consecutive, other than having to request their discharge in the Special Agrarian System of Social Security, they will not be obliged to list this regime in those natural and complete mensualities that credit to have lent uninterrupted and exclusively the services determining their inclusion in the other scheme. Workers who are in such a situation shall not be entitled, in the meantime, to receive benefits under this scheme. '

Article 2. Amendment of the General Regulation on the registration of companies and affiliation, high, low and variations of data of workers in the Social Security, approved by Royal Decree 84/1996, of January 26.

Rules 4. and 5. of Article 45.1 of the General Regulation on the registration of enterprises and affiliation, high, low and variations of data of workers in Social Security, approved by Royal Decree 84/1996, of January 26, are written in the following terms:

" 4. The reduction in this special scheme shall take place where the worker does not carry out agricultural work on the terms and conditions set out in this Article or when it is established that he was wrongly discharged, in which case he/she is shall be in accordance with Article 60. The situation of inactivity in agricultural work, whether or not other non-agricultural activities are carried out, will only motivate the reduction in this special scheme where it has not been expressly requested by the worker, in the following cases: (a) whether it is a self-employed agricultural worker or an employed person, in cases of total inactivity or in which he or she is exclusively and uninterruptedly engaged in other non-agricultural activities during the upper periods Six consecutive calendar months, counted from the day of the initiation of the non-agricultural activity or, in the case of total inactivity, from the time of the cessation of the agricultural activity which, in respect of the employed persons, is (a) the term of office of the Member State of the European Union of the Member State of the European Union; where appropriate, from the date of completion of the receipt of the benefit, the unemployment benefit or the agricultural income, provided that the corresponding fixed quotas are entered in respect of that self-employed or employed person. For these purposes, the time periods for which the worker is to be in situations of temporary incapacity, maternity and risk during pregnancy shall be excluded from the computation of such periods, even if the worker does not have the right to receive the allowance. corresponding to the absence of the required minimum contribution period. In these cases, agricultural workers must apply for a reduction in this special scheme within the six days following the period in which the threshold is exceeded and the lower limit shall have effect from the first day of the the seventh month following the month in which the non-agricultural activities or the last working day carried out by the worker or the completion of the receipt of the benefit, the unemployment benefit or the agricultural income were initiated. On the expiry of that period without submission of the application for a discharge, the General Treasury of the Social Security Office may agree on its own motion. (b) where there is no communication of the performance of actual days in respect of an employed person for six consecutive calendar months and without the worker entering the fixed fee corresponding to that scheme Special, the General Treasury of Social Security will give the worker a discharge with effect from the last day of the month in which he will make the last day of the actual communicated. Agricultural workers on their own account or on behalf of other persons covered by this special scheme for a period of more than six months, natural and consecutive, work on the basis of which they have been placed under a scheme other than the Social Security Agrarian, causing a reduction in the Social Security Fund, after the work has been completed or the corresponding economic benefits of Social Security have been exhausted, including unemployment benefits and benefits who are entitled to such work, may apply for and obtain their registration in the census The Committee of the Regions on Social Security, without the need to again prove the requirements of habituality and a fundamental means of living for inclusion in the Special Agrarian Regime, provided that the application is formulated within three months of the date of completion of the work or of the benefits or allowances indicated. 5. In the cases referred to in the preceding rules, where the employed person starts or ends his activity without matching the principle or end of the calendar month or does not coincide with the date laid down for that purpose, employer or employee, the registration or the fall in the census of this special scheme shall take effect, respectively, from the day on which the agricultural activity begins in that month or from the day on which it has ceased to meet the conditions for be included in that scheme. '

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this royal decree.

Final disposition first. Powers of implementation and development.

The Minister of Labor and Social Affairs is empowered to dictate how many provisions of a general nature are necessary for the implementation and development of what is foreseen in this royal decree.

Final disposition second. Entry into force.

This royal decree shall enter into force on the first day of the month following that of its publication in the "Official Gazette of the State".

Given in Madrid, on June 30, 2006.

JOHN CARLOS R.

The Minister of Labour and Social Affairs, JESUS CALDERA SANCHEZ-CAPTAIN