The additional thirty-fourth provision of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of 20 June, introduced by Article 40.4 of Law 53/2002, of 30 of In December, fiscal, administrative and social order measures provide that the self-employed persons included in the Special Social Security System of the Workers for the Account of Own or Self-Employed the scope of the protective action which the scheme gives to them, incorporating the for professional contingencies, provided that such workers have also chosen to include, prior to or at the same time, within that scope, temporary disability protection arising from common contingencies.

The aforementioned provision provides that, for the purposes of the contingencies indicated, the benefits which are granted to the workers included in the General Regime are to be recognised under the conditions which are governed by the provisions of the General Conditions of Employment. establish, also determine the consequent obligation to list for the repeated contingencies and to refer to the relevant rules the specification of the premium rate headings for such professional contingencies as apply to these self-employed workers on the basis of their activities.

Accordingly, in accordance with the provisions of the said additional provision and in order to make the new voluntary improvement of the protective action of those included in the alluded to the Special Regime of Self-employed, it is necessary to proceed to the appropriate regulatory development both in terms of benefits and in relation to the legal regime of the options that in this respect can be formulated by the interested parties and with the aspects related to the contribution for the expressed contingencies.

On the other hand, in the Special Regime of Workers for Own or Autonomous Account, as well as for the self-employed persons included in the Special Agricultural and Labor Regimes, the In the case of a temporary incapacity for work, it has been produced from the 15th day of the fall, a regulation which contrasts with the provisions laid down for employed persons, in respect of which Article 1 (1) of the Article 131 of the aforementioned recast text of the General Law of Social Security provides that the is born, in the event that the benefit is caused by common contingencies, from the fourth day of the discharge, but with the particularity that that benefit, during the fourth to the fifteenth day, both inclusive, is in charge of the corresponding employer.

In relation to this, Article 10 (4) of the repeated legal body provides that in the regulation of Special Regiments, the maximum possible homogeneity with the General Regime should be established. In the same sense, the recommendation 4. of the so-called "Pact of Toledo" also provides for the homogeneity of the protective field, while the contributory effort is being equated. In turn, in the context of the objective of the convergence of special schemes, paragraph VII of the Agreement for the Improvement and Development of the Social Protection System of 9 April 2001, considers it appropriate to introduce measures which improve the framework of the protective action of the self-employed, so that the latter is approaching the dispensation in the General Regime.

In compliance with these provisions, Article 8 of the Royal Decree Law of 25 April provides that for self-employed persons, whatever the regime in which they are registered, the birth of the (a) a temporary incapacity to which the person may be entitled shall take place from the fourth day of the discharge, except in cases where, having chosen the person concerned by the coverage of the professional contingencies, the allowance shall be origin in an accident at work or in a occupational disease, in which case the birth of the The provision shall be made from the day following the day of the discharge, and the terms and conditions of such recognition and receipt of the benefit shall be deferred to the regulatory provisions. It is therefore necessary to proceed to the regulatory development of the forecasts outlined above.

In its virtue, on the proposal of the Minister of Labour and Social Affairs, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on October 10, 2003,

D I S P O N G O:

CHAPTER I

Coverage of the professional contingencies of the workers included in the Special Regime of Autonomos

Section 1. Coverage and Listing Option

Article first. Option for the coverage of occupational accident and occupational disease contingencies.

Article 47 of the General Regulation on the registration of companies and affiliation, high, low and variations of data of workers in social security, approved by Royal Decree 84/1996 of 26 January, is amended in the following terms:

One. Article 47 (2) is hereby worded as

:

" 2. At the time of discharge under this special scheme, workers may voluntarily benefit from the coverage of the economic benefit due to temporary incapacity. The option in favour of such coverage shall be effective from discharge, without prejudice to the provisions for the purposes of listing in Article 35 (3) of this Regulation and other supplementary provisions.

Those workers who at the time of causing discharge in this scheme have not opted for the temporary disability allowance may, however, choose to avail themselves of such protection after three years from the date of the discharge, in which case they shall make an application in writing before the first day of the month of October of each year, with effect from the first day of the month of January of the following year.

1. The rights and obligations arising from the option to cover the temporary incapacity benefit shall be payable for a minimum period of three years, computed by full calendar years, which shall be shall be automatically extended for periods of equal duration, unless the option made in the form, time-limits, conditions and effects set out in paragraphs 3.3. and 3.4. of the previous article is modified.

2. The workers who have opted for the coverage of the economic benefit due to temporary incapacity must formalize it with a mutual accident of work and occupational diseases of the Social Security, in the terms and with the effects set out in this Article and other supplementary provisions, which must be accepted by the Commission in accordance with Articles 74 and 75 of the Regulation on the cooperation of mutual accidents in Social security work and occupational diseases, approved by the Royal Decree 1993/1995, of 7 December. "

Two. Article 47 (3) is hereby worded as

:

" 3. Workers included in this special scheme who have voluntarily opted for the inclusion of the economic benefit due to temporary incapacity in the field of protective action under this scheme may also choose to improve voluntarily the protective action that such a regime dispenses them, incorporating the protection by the contingencies of accidents of work and occupational diseases in the terms established in this section.

1. The option of these workers in favour of protection by professional contingencies should be formalised with the same managing or contributing entity with which the coverage of the contract has been formalised or formalised. temporary disability.

The waiver of the temporary incapacity benefit will in any case involve the waiver of protection by professional contingencies, without the waiver of the latter to result in the waiver of the coverage by temporary incapacity, unless expressly requested to do so.

2. The option for protection against the contingencies of accidents at work and occupational diseases and, where appropriate, the waiver of work in the form, deadlines and other conditions and with the effects established in the Paragraph 2 above on the option and waiver of protection for the temporary incapacity for economic benefit, with the following particularities:

(a) In the case of changes of mutual work accidents and occupational diseases, the date of the effects of the option of temporary incapacity and of professional contingencies or those of the renunciation of their coverage shall be that of the date of the change of mutual effect.

If the date of effects of the hedging options or the waiver of the protection of temporary incapacity or professional contingencies, whether or not they are performed simultaneously, do not coincide with the date of effect of the exchange of mutual, the date of the effects of the options for the temporary incapacity and the professional contingencies or their resignation shall be, respectively, the first day of the month of January of the year following that of the formulation of the corresponding option or the last day of the month of December of the year of submission of the waiver.

(b) When, on the date of the options, the renunciations or changes of mutual referred to in the preceding paragraph, the worker is in a situation of temporary incapacity, the effects of the option or of the change shall be shall be delayed until the first day of the month following the month in which the medical discharge occurs and the waiver shall take effect on the last day of the month in which the discharge took place. '

Three. Article 47 (3) and (4) shall be the subject of paragraphs 4 and 5 respectively.

Article 2. Quote.

The General Regulation on the Listing and Settlement of Other Social Security Rights, approved by Royal Decree 2064/1995 of 22 December 1995, is amended as follows:

One. Article 44 is worded as follows:

" Article 44. Contribution in the case of voluntary improvement due to temporary incapacity and professional contingencies.

Workers included in the field of application of the Special Workers ' Regime for Own or Self-Employed will only be obliged to list for the contingency of temporary incapacity and for the contingencies arising from an accident at work and occupational disease where they have voluntarily opted for protection under such contingencies under the terms of Article 47 of the General Regulation on the registration of undertakings and membership, ups, downs and variations of workers ' data in Social Security. "

Two. Article 45 (4) is worded as follows:

" 4. The improvement of the protective action by professional contingencies determines for those who receive it the birth of the obligation to list on the same basis as for common contingencies and according to the percentages fixed in the Annex. 2 of Royal Decree 2930/1979 of 29 December 1979, for which the rate of premiums for social security contributions for accidents at work and occupational diseases is revised. '

Three. A new paragraph 5 is added to Article 45 with the following wording:

" 5. In the event that these workers, who have opted for temporary disability protection and professional contingencies, are excluded from the obligation to be listed for having completed 65 years of age and to accredit 35 or (i) more effective contribution to social security as laid down in the additional 30th provision of the General Law on Social Security, the obligation to list for temporary incapacity and for contingencies shall be maintained. professionals up to the date of effect of the waiver of such cover or of the reduction in this scheme special. "

Four. The current paragraph 4 of Article 45 is now set out in paragraph 6.

Section 2

Article 3. Protected contingencies and benefits.

1. Workers included in the Special Scheme for Social Security of Workers for the Account of Own or Self-employed persons who have voluntarily improved the scope of the protective action which the scheme dispenses with them, incorporating the (a) in the case of accidents at work and occupational diseases, provided that the persons concerned, after or at the same time, have chosen to include, within that area, the economic benefit due to temporary incapacity; the right to benefits arising from such contingencies, in the same way, terms and conditions that in the general regime, with the particularities that are determined in this royal decree.

2. An accident at work of the self-employed worker shall be the direct and immediate consequence of the work carried out by his or her own account and which determines his/her inclusion in the field of application of the special scheme.

To this effect, they will have the consideration of an accident at work:

(a) The occurrence of rescue and other acts of a similar nature, when some and others are connected to the work.

b) The injuries to the worker during the time and place of work, when the connection is tested with the self-employed work.

(c) The diseases, not covered by paragraph 5 of this article, which the worker contracts for the performance of his or her work, provided that it is proved that the disease was solely responsible for the execution of the disease.

(d) The diseases or defects previously suffered by the worker, which are aggravated as a result of the constituent injury of the accident.

e) The consequences of the accident that are modified in their nature, duration, severity or termination, due to inter-curricular diseases, which constitute complications arising from the pathological process determined by the the accident itself or have its origin in conditions acquired in the new medium in which the patient has been placed for healing.

3. They shall not have the consideration of accidents at work in the Special Workers ' Regime for Own or Self-Employed:

a) Those who suffer the worker when they go or return from the workplace.

(b) Those who are due to a greater foreign force than work, it being understood by this that it is of such a nature that no relation is kept with the work that was carried out in the event of the accident. In no case, the insolation, the lightning and other similar phenomena of nature are considered to be a strange force.

c) Those that are due to him or to reckless recklessness of the worker.

4. It shall not prevent the qualification of an accident as a work from the concurrency of the civil or criminal guilt of a third party, unless it is not related to the work.

5. Occupational disease is defined as the result of the work carried out on its own account, in the activity under which the worker is included in the field of application of the special scheme, which is caused by the action of the elements and substances and in the activities contained in the list of occupational diseases with the relations of the main activities capable of producing them, annexed to Royal Decree 1995/1978 of 12 May, approving the Table of occupational diseases in the Social Security system.

Article 4. Scope of the protective action.

1. Workers referred to in paragraph 1 of the preceding Article and, where appropriate, their family members shall be entitled to the following

:

a) Healthcare.

b) Temporary disability allowance.

c) Permanent disability benefits.

d) Prstations for death and survival.

(e) flat-rate allowances for permanent injuries, arising from accidents at work or occupational disease, which do not cause incapacity.

2. In the Special Conditions of Employment for Own or Self-employed persons, partial permanent incapacity for the usual profession means that, without reaching the level of total, the worker will have a decrease of not less than 50%. in their normal performance for that profession, without preventing them from performing the fundamental tasks of that profession.

3. In the case of total permanent incapacity for the usual profession, the beneficiary shall be entitled to the delivery of a lump sum equal to 40 monthly payments from the regulatory base, calculated as provided for in the Article seventh, or a lifetime pension on the same terms as is recognised in the general scheme.

4. In the case of accidents at work and occupational diseases, the cost of benefits in the event of accidents at work and occupational disease shall not apply to such workers, as referred to in Article 123 of the recast text. the General Law of Social Security.

Article 5. Conditions of access to benefits.

It will be a prerequisite for the recognition and payment of the benefits that the persons concerned are affiliated with and in a situation of high or equivalent, as well as, with the exception of the death aid, they are found in the current the payment of the quotas for social security. If this is not the case, they will be invited on the terms and with the effects provided for in Article 28 of Decree 2530/1970 of 20 August, which regulates the Special Scheme of Social Security for Workers on account of Standalone.

Article 6. Temporary disability allowance.

1. The right to temporary disability allowance, in the case of an accident at work or occupational disease, shall be born in accordance with the terms laid down in Article

.

2. The daily allowance shall be the result of applying the percentage laid down in Article 1 (b) to the relevant regulatory basis.

The benefit regulatory base shall be the worker's contribution base for the month preceding the month of the medical leave, divided by 30.

This basis shall be maintained throughout the temporary incapacity process, including the corresponding relapses, unless the person concerned has opted for a lower value contribution basis, in which case it shall be taken into account the latter.

3. The management and control of the economic performance due to temporary incapacity arising from professional contingencies shall be carried out in accordance with the provisions laid down in this field, as a general rule.

Item seventh. Benefit regulatory basis.

The basis for the provision of permanent disability and death and survival, arising from professional contingencies, shall be equivalent to the contribution base of the worker on the date of the event causing the benefit.

Article 8. Recognition of the right and payment.

The recognition of the right and the payment of benefits arising from professional contingencies will be carried out, in equal terms and in the same situations as in the General System of Social Security, by the Institute National of Social Security or by the mutual of occupational accidents and occupational diseases of the Social Security, depending, respectively, of the managing or contributing entity with which the coverage of the incapacity has been formalized temporary.

With respect to permanent disability benefits and non-invalidating permanent injury allowances, the provisions of Royal Decree 1300/1995 of 21 July and its implementing and implementing rules will be in place.

CHAPTER II

Temporary incapacity for self-employed workers

Article ninth. Legal status of the economic benefit due to temporary incapacity.

The economic performance of the temporary incapacity of the self-employed, whatever the contingency of which it derives, shall be governed by the provisions of this Chapter and, as is not regulated in it, by the provisions of this Chapter. the General Regime, without prejudice to the specialities provided for in the case of situations arising from accidents at work or occupational disease.

Article 10. Birthright.

Own-account workers who are entitled to temporary disability benefit shall receive the corresponding allowance:

(a) With a general character, from the fourth day inclusive of the absence of work or activity.

(b) In cases where the person concerned has opted for the coverage of professional contingencies, or is covered by them in a compulsory manner, and the subsidy has been caused by an accident at work or by a occupational disease from the day following the day of the discharge.

Item 11th. Amount of benefit.

The amount of the subsidy shall be the result of applying on the relevant regulatory basis, as determined in Article sex.2, the following percentages:

(a) On a general basis, from the fourth day to the twentieth day of the decline, both inclusive, in the corresponding activity, 60 percent. From day twenty first, 75 percent.

(b) In cases where the person concerned has opted for the coverage of professional contingencies, or is covered by them in a compulsory manner, and the subsidy has been caused by an accident at work or by a Professional illness, 75 percent from the day following the day of the decline.

Article twelfth. Requirements.

In the cases referred to in this Chapter, it shall be an essential requirement for the recognition of the right of temporary incapacity for the benefit of the person concerned to the current in payment of the corresponding contributions. to the Social Security, without prejudice to the effects of the invitation to the entry of the fees due in the cases in which it proceeds.

In addition, workers who are in temporary incapacity shall be obliged to present to the corresponding managing or contributing entity in the form and with the periodicity determined by the managing body of the system. in which they are registered, a declaration on the person who directly manages the business, industrial or other establishment of which they are the holders or, where appropriate, the temporary or permanent cessation of the activity. Failure to submit the declaration shall result in the management or working party suspending the payment of the benefit on a precautionary basis, the appropriate administrative action being initiated for the purposes of verifying that the conditions of access and receipt of the benefit.

First transient disposition. The option period for the self-employed workers is high.

Self-employed or self-employed persons, who are listed on the Special Regime of Social Security of the Workers for Account or Autonomy at the date of entry into force of this royal decree and who would have been This date shall be the date of the coverage of the economic benefit due to temporary incapacity. They may opt for the coverage of professional contingencies within two months of the date of entry into force of this royal decree. effects from the day of that option until the day on which the temporary disability option ends Common contingencies, even if it does not match a three-year period.

Second transient disposition. Option to benefit from temporary disability coverage produced before 1 January 1998.

By way of derogation from the first article, which gives new wording to Article 47 (2.2) of the General Regulation on the registration of undertakings and affiliation, ups, downs and variations of data of workers in the Social security, the options to benefit from temporary disability coverage which would have occurred before 1 January 1998, formalised with a managing body or with a mutual occupational accident and occupational disease Social security shall maintain its validity with the entity with which it was concluded, to the effects of the provisions referred to in Article 47.2.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this royal decree and, specifically, the following:

(a) Articles 5 and 6 of Royal Decree 1976/1982 of 24 July 1982 implementing the provisions of Royal Decree Law 9/1982 of 30 April 1982 amending the wording of Articles 25 and 31 of the recast text Regulator of the Special Agrarian Social Security Regime.

(b) Articles 5 and 6 of the Order of 28 July 1978 for the development of the provisions of Royal Decree 1774/1978 of 23 June 1978, including temporary incapacity for work as a voluntary improvement in the Special scheme for the Social Security of Workers for Own or Self-Employed.

(c) The additional provision of Royal Decree 2319/1993 of 29 December 1993 on the revaluation of pensions in the system of social security and other public social protection benefits for 1994.

Final disposition first. Application and development powers.

The Minister of Labour and Social Affairs is empowered to dictate the provisions necessary for the implementation and development of the provisions of this royal decree.

Final disposition second. Entry into force.

This royal decree shall enter into force on 1 January 2004, except as provided for in Chapter II thereof, which 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, 10 October 2003.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

EDUARDO ZAPLANA HERNANDEZ-SORO