The first article of Law 12/2001 of 9 July, of urgent measures to reform the labour market for the increase of employment and the improvement of its quality, has modified, inter alia, Articles 12 and 15.8 of the Law of the Workers ' Statute, recast text adopted by Royal Legislative Decree 1/1995 of 24 March, as regards, on the one hand, the regulation of the part-time contract, in order to give it greater flexibility, as well as to the Regulation of contracts for fixed-discontinuous workers. In turn, it has given new wording to Article 12 (6) of the Law on the Staff Regulations, in the form of an amendment to the partial retirement and the replacement contract with the former.

On the other hand, Article 34 of Law 24/2001 of 27 December, of Tax, Administrative and Social Measures, has given new wording to Article 166 of the General Law on Social Security, in order to accommodate the Regulation of partial retirement to the amendments made to the Staff Regulations, provided for in paragraph 4 of that Article, in the wording incorporated by Law 35/2002 of 12 July, which the legal system of the Partial retirement will be the one that is regulated.

With regard to the contracts of fixed-discontinuous workers, although, from the field of work, the new legislation differentiates between those who carry out fixed and periodic works that are repeated on certain dates, within the normal volume of the activity of the company, of those in which the circumstance of the repetition of the works on certain dates does not exist, attributing to the first the qualification of hired workers on part time, concept which does not extend with respect to the second collective indicated, however the additional provision seventh of the General Law of Social Security, recast text approved by Royal Legislative Decree 1/1994, of 20 June, in the amendment introduced by Law 12/2001, determines the application to all of them, in the field of Social Security, of the rules on workers with a part-time contract.

With regard to the amendment of Article 12.6 of the Workers ' Statute, as well as Article 166 of the General Law on Social Security, the new regulation of the contract of relief in relation to retirement part of the purpose of introducing greater flexibility in the access to retirement, with the aim that the age of access to it is endowed with the characters of graduality and progressiveness, avoiding a sudden rupture between active life and the transition to retirement, with the social benefits of all kinds that such a measure In the context of the criteria contained in recommendation 10 of the Toledo Pact and in paragraph IV of the Agreement on the improvement and development of the social protection system, as well as of the guidelines proposed by the Commission, it produces, different international organisations and, in particular, the European Union.

The legal changes involve removing certain rigidities existing in the previous regulation, as they were, on the one hand, that partial retirement is compulsory, on a compulsory basis, when the person concerned meets the five years, or, on the other hand, that the contract of relief, which was to be concluded at the same time with the partial retirement, had to be entered on a temporary basis. Such rigidities could imply a restriction on the practical development of partial retirement, which does not reach in our country a degree of implantation similar to that achieved in other social protection systems.

With the regulation derived from Law 12/2001, still maintaining the limit of sixty years, in order to be able to access partial retirement, it is allowed that the interested person can access it or extend its effects beyond the Sixty-five years. In turn, the contract of relief that the company must arrange with another worker, to occupy the working day left by the partial retiree, can be subscribed on a temporary basis for the time that the replaced worker is missing to reach the ordinary retirement age or be initially an indefinite contract.

Also, other flexible rules are laid down in respect of the contract of relief, since it is not enforceable when partial retirement is reached with sixty-five years; in turn, in the cases where the partial retirement before the age of 60 and five years, when the partial retiree reaches this age, even if the duration of the temporary relief contract is not compulsory, the latter may be extended by the will of the parts, for annual periods, in any case, at the end of the year corresponding to the year in which the total retirement of the relieved worker occurs.

All these legal changes represent a substantial variation of the regulatory precepts which, up to now, regulated partial retirement in the field of social security, and it is therefore necessary to lay down rules for the development and application of the provisions contained in Article 12.6 of the Law on the Workers ' Statute, accommodating the regulation contained in Royal Decree 144/1999 of 29 January 1999 to the new legal provisions.

The need to adapt Article 9 of Royal Decree 1991/1984, of 31 October, whereby the part-time contract, the replacement contract and the partial retirement provision were regulated, to the new legal requirements, It is advisable to repeal this rule in its entirety, eliminating the few precepts of the said Royal Decree that still formally continue in force and, in this way, to proceed to the adaptation of the regulatory regulation to the legal norms currently in effect.

Finally, the current regulation of the part-time contract may in practice result in the worker agreeing with his employer that all the hours of work he/she is required to do on an annual basis, on the basis of his/her contract part-time, are provided in a concentrated form in certain periods of each year, with a receipt of the corresponding total remuneration within the same or a pro rata form throughout the year, remaining inactive remaining.

In such cases, although it is clear that, in accordance with the general rules in force in this regard, the worker must remain in the Social Security Regime corresponding to the activity of the as long as the termination of their employment relationship does not occur, even if the working time is concentrated exclusively on certain periods of the year, however, doubts are raised as to the extent of the obligation to list in the reported assumptions.

In this regard, and in accordance with the general rules of the social security contribution, the criterion of considering that the remuneration to be paid by the partial worker for the periods is applied to the alleged of the year in which the provision of work, which is derived from its part-time contract, is based on the maintenance of its employment relationship throughout the year and, consequently, the subsistence of the obligation to pay is laid down. throughout it and as long as that employment relationship is not extinguished, to which effect those Remuneration shall be apportioned between the twelve months of the year or, where appropriate, the lower number of months in question, whether they are received only in the concentrated periods of work, and in a pro rata manner throughout the year.

All the legal changes mentioned above require the appropriate regulatory development to allow the application of those changes. For this purpose, and in the interests of greater legal certainty, it has been chosen to regulate not only those precepts deriving from the aforementioned legal changes, but also to incorporate the regulation of the aspects of the protective action of the Social security of part-time work, thus facilitating the systematic legal system of the social security system.

In its virtue, in accordance with the provisions of the final provision of Law 12/2001 of 9 July, in Article 166 (4), and in the final provision seventh, both of the General Law of Social Security, to Proposal from the Minister for Labour and Social Affairs, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 31 October 2002,

D I S P O N G O:

CHAPTER I

Scope

Article 1. Scope of application.

1. The provisions of Chapter II of this Royal Decree shall apply to workers on a part-time contract, a contract of relief and a job-discontinuous contract, in accordance with Articles 12 and 15.8 of the Law. of the Workers ' Statute, recast text approved by Royal Legislative Decree 1/1995 of 24 March, which are included in the field of application of the General Regime and the Special Regime of Coal Mining and to which, employed persons, are included in the Special Regime of the Workers of the Sea.

2. For the purposes of the benefits which are covered by special agreement and for periods in which they are simultaneous with the completion of a part-time work, they are excluded from the application of this Royal Decree:

(a) Workers who, after having signed a special agreement, are included in the same social security scheme as a result of a part-time contract.

(b) Workers on a part-time contract who subscribe to the special agreement provided for in Article 13 of the Order of the then Ministry of Labour and Social Security of 18 July 1991, which is the regulator of the special in the social security system.

In the cases referred to in the preceding paragraphs, the benefits shall be granted in accordance with the rules governing workers who provide full-time services.

3. For the recognition of the right to partial retirement pensions, the provisions of Chapter III of this Royal Decree shall apply.

CHAPTER II

Social Security protective action of part-time contract workers

SECTION 1. GENERAL PROVISIONS

Article 2. Scope of the protective action.

1. In accordance with the first subparagraph of paragraph 1 of the seventh supplementary provision of the General Law on Social Security, recast text adopted by Royal Decree of 20 June 1994, the workers to which it refers Paragraph 1 of the above Article is protected, in the face of all situations and contingencies which are generally provided for in the respective social security scheme in which they are registered, with the specific features of the and conditions set out in the following Articles.

2. However, in the case of unemployment protection, its specific rules shall apply in accordance with the fourth paragraph of Article 4 (1) of the seventh provision of the General Law on Social Security.

Article 3. Quotation periods.

1. In order to prove the periods of contribution necessary to cause entitlement to retirement benefits, permanent incapacity, death and survival, temporary incapacity, risk during pregnancy and maternity, the following shall be taken into account: contributions made on the basis of the hours worked, both ordinary and complementary, calculating their equivalence on theoretical days of contribution. To this end, the number of hours actually worked shall be divided by five, the daily equivalent of one thousand eight hundred and twenty-six hours per year.

When in order to be able to cause the benefit in question, with the exception of retirement pensions and permanent incapacity to which the provisions of paragraph 2 of this Article apply, the minimum period payable must be be understood within a period of time immediately prior to the causative event, this period shall be increased by the same proportion in which the day actually performed in respect of the usual day in the activity is reduced corresponding.

The day fraction, if any, will be assimilated to full day.

2. In order to be entitled to retirement pensions and permanent incapacity, the number of theoretical days of contributions obtained in accordance with the provisions of the preceding paragraph shall be multiplied by the multiplying factor of 1,5. of days to be considered as accredited for the determination of the minimum contribution periods. The day fraction, if any, will be assimilated to full day.

3. Periods of temporary incapacity, risk during pregnancy or maternity leave, during which the contract of part-time work is alive, as well as the periods of receipt of the unemployment benefit determined by the suspension or the termination of an employment relationship of that kind, shall have the same consideration, for the purposes of the preceding paragraphs, as the period of work preceding the medical discharge, the rest, the suspension or the termination of the contract, respectively.

4. The calculation of periods which are legally equivalent to quoted, which take place at periods worked in part-time, shall be carried out in an identical manner to that used in relation to the last period worked.

5. Where the worker simultaneously performs more than one part-time activity in the terms referred to in Article 1 (1), the theoretical contribution days for the various activities, both in the case of the (a) a multi-activity activity in which the reciprocal calculation of contributions is to be applied.

6. In the cases provided for in the preceding paragraphs, in no case may a number of listed days greater than the number of days in which the provision of full-time services have been performed.

SECTION 2. RULES ON TEMPORARY DISABILITY BENEFITS, RISK DURING PREGNANCY AND MATERNITY

Article 4. Temporary incapacity.

1. Workers referred to in Article 1 (1) shall be entitled to the economic benefit due to temporary incapacity, with the particularities laid down in the preceding Article and in the following paragraphs and which shall apply whatever the length of stay in that contractual mode:

(a) The daily basis of the benefit shall be the result of dividing the sum of the listed bases of quotation into the undertaking during the three months immediately preceding the date of the causative event between the number of days effectively worked and, therefore, listed in that period.

The corresponding economic benefit shall be paid during the days contracted as an effective work in which the worker remains in temporary incapacity.

(b) Where, by interruption of the activity, the managing entity assumes or, where applicable, the payment of the benefit, the payment of the benefit shall be calculated again. To this end, the daily basis of the benefit shall be the result of dividing the sum of the listed bases of quotation into the undertaking during the three months immediately preceding the date of the causative event between the number of days. natural resources within that period.

If the worker's seniority in the company is less, the basis of the benefit will be the result of dividing the sum of the accredited quotation bases between the number of calendar days to which they correspond.

The economic benefit shall be paid during all calendar days in which the person concerned is in the situation of temporary incapacity.

(c) Where, on the termination of the contract of employment, the payment of the benefit is to be borne directly by the managing authority or the contributing entity, the amount of the benefit shall be equivalent to that which it would correspond to. unemployment benefit, in accordance with the provisions of Article 222 of the General Law on Social Security.

2. The application of the rules referred to in subparagraph (a) of the preceding paragraph shall not affect the calculation of the maximum duration of the temporary incapacity situation, which shall in any case be made by reference to the number of calendar days of the remain on the same.

Article 5. Risk during pregnancy.

The workers referred to in Article 1 (1) may be entitled to the economic benefit at risk during pregnancy, with the particularity that, for the purposes of determining the regulatory base and the payment of the benefit, the provisions of paragraph 1 (b) of the previous Article shall be taken into account.

Article 6. Maternity.

1. The workers referred to in Article 1 (1) shall be entitled to the economic benefit by maternity with the particularities laid down in this Royal Decree.

2. The daily basis of the maternity allowance shall be the result of dividing the sum of the bases of contribution credited to the undertaking during the 12 months immediately preceding the date of the event causing between three hundred Sixty-five.

If the company's seniority is less, the basis of the benefit will be the result of dividing the sum of the accredited quotation bases between the number of calendar days to which they correspond.

3. The maternity allowance shall be paid for all the days in which the worker remains in that situation, with the duration legally provided for for periods of rest by the protected situations of maternity, adoption or acceptance, both preadoptive and permanent.

SECTION 3. PENSION RULES

Article 7. Regulatory basis.

1. For the purposes of calculating the statutory basis for pensions for permanent incapacity and for the death and survival arising from common and retirement contingencies caused by the persons referred to in Article 1 (1), expressly provided for in this Chapter, the rules laid down in general for the determination of the amount of pensions shall apply.

2. In the case of pensions for retirement and permanent incapacity, resulting from the latter of common sickness or non-occupational accidents, the integration of periods during which there has been no obligation to list shall be carried out with the the minimum basis for listing of those applicable at any time, corresponding to the number of hours contracted on the date on which the obligation to list was interrupted or extinguished.

With the exception of periods between seasons or campaigns of workers with a job-discontinuous contract, in no case shall the hours or days when the hours or days not worked be considered to be a quotation. interruptions in the provision of services arising from the own part-time contract.

3. For the purposes of determining the statutory basis for pensions arising from professional contingencies, in cases where the worker does not provide services every day or, on a standard basis, his working day is however irregular or variable, the daily wage shall be that of dividing between seven or thirty the weekly or monthly agreed on the basis of the distribution of the working hours specified in the contract for each of those periods.

In the case of job-discontinuous employment contracts, the daily wage will be the one that results from dividing, between the number of natural days of campaign passed to the date of the causative event, the wages received by the worker in the same period.

4. In addition, for the purpose of determining the statutory basis for pensions arising from an accident at work or from a occupational disease, the sum of the salary supplements received by the person concerned in the year preceding that of the deceased divide between the number of hours actually worked in that period. The result thus obtained shall be multiplied by the figure resulting from the application to a thousand eight hundred and twenty-six the coefficient of proportionality between the usual day of the activity in question and the one which is included in the contract.

Article 8. Percentage of retirement pension.

The time of contribution which is credited in accordance with Article 3 (2) shall be calculated in order to determine the number of years quoted for the purposes of fixing the percentage applicable to the regulatory base of the retirement pension. The fraction of the year that can result will be computed as a full year.

CHAPTER III

Partial retirement

Article 9. Concept.

It is considered partial retirement that started after the completion of the sixty years, simultaneously with a contract of part-time and related work or not with a contract of relief, in accordance with the Articles 166 of the General Law on Social Security and 12.6 of the Law on the Status of Workers.

For such purposes, account shall be taken of the age bonuses or anticipations which, if any, correspond.

Article 10. Beneficiaries.

employed persons, integrated in any social security scheme, having at least the age laid down in the preceding article and meeting the other conditions required to be entitled to the pension Social security contributory pension, may be eligible for partial retirement under the following terms:

(a) The worker concerned, after agreement with his company, a part-time contract, reducing the working day and the salary, between a minimum of 25 per 100 and a maximum of 85 per 100 of those, in the provided for in Article 12.6 of the Staff Regulations.

The percentages referred to in the preceding paragraph shall be construed as referring to a working day of a comparable full-time worker.

(b) In order to be able to recognise the partial retirement pension, where the worker accesses the pension at a real age of less than sixty-five years, without, for such purposes, account being taken of the bonuses or anticipations of the retirement age which corresponds to the undertaking, the undertaking must simultaneously conclude a contract for the replacement of an unemployed worker or have a fixed term contract with the undertaking, in order to replace the working day left vacant by the partially retired worker.

In cases where the partial retirement is accessed at a rate of sixty-five years of actual age, without, for such purposes, account being taken of the corresponding allowances or retirement age anticipations, it will not be necessary a replacement contract is concluded at the same time, provided that the other requirements are met.

Article 11. Causative event.

The cause of the partial retirement pension shall be deemed to be the day of the cessation of the work which has been carried out before, provided that, on that date, the person concerned has subscribed to the on a part-time basis and, if necessary, the replacement contract referred to in the previous Article.

Article 12. Amount of the partial retirement pension.

1. The amount of the partial retirement pension shall be the result of applying the percentage of the day's reduction to the amount of the pension that would correspond to it, in accordance with the years of contributions credited by the worker at the time of the event. which is the cause, calculated in accordance with the general rules of the Social Security Scheme concerned, but without the application of the additional coefficient of 2 per 100, as referred to in Article 163.2 of the General Law on Security Social.

The amount of the pension, calculated in accordance with the preceding paragraph, may in no case be less than the amount resulting from applying the same percentage to the amount of the minimum pension in force in each time for retirees over sixty-five years, according to the family circumstances of the retiree.

For the purposes of determining the percentage applicable to the partial retirement pension, when the pension is accessed before the age of 60 and five years, no reduction coefficients shall be applied in respect of the age function.

2. Within the limits laid down in paragraph (a) of Article 10, the percentage of reduction of working time may be increased for annual periods, at the request of the partial retired worker and the employer's conformity.

In cases where, for the receipt of the partial retirement pension, the maintenance of a replacement contract is required, the employer must provide the worker with the extension of his working time, in proportion to the the reduction of that of the partial retiree.

In the event that the workday of the reliever is higher than the day left vacant, the extension referred to in the preceding paragraph shall be limited to the application of the full-time working day established in the the collective agreement of application or, failing that, of the legal maximum day.

If the extension of the day is not accepted by the relievist, the company must, for the day reduced by the partial retiree, hire another worker in whom the circumstances referred to in paragraph (b) of the Article 10.

If the above paragraphs are not met, you may not, in turn, extend the amount of the partial retirement pension, in the terms indicated in the following paragraph.

In the cases covered by this paragraph, the amount of the pension will be changed, applying to the initially recognized percentage according to the new reduction of the day. The new pension will be updated with the revaluations from the date of the initial partial retirement pension to the date of effect of the new pension amount.

3. In the case of multiemployment, for the purposes of calculating the statutory basis for the partial retirement pension, account shall be taken only of the contribution bases corresponding to the work carried out up to that point and which is the subject of the corresponding reduction in day.

4. Partial retirement pensions shall be subject to revaluation on the same terms as other contributory pension schemes, as provided for in Article 48 (1) of the General Law on Social Security.

Article 13. Application and economic effects.

1. The worker shall apply for the partial retirement pension before the relevant managing body, indicating the date on which the termination of the work is to take place. In the cases referred to in paragraph 2 of the previous Article, the application shall indicate the date on which the new day reduction is to occur.

The application may be submitted at a maximum of three months ' notice to that date.

Once the file has been processed and before writing the motion for a resolution, the managing authority shall inform the applicant if it fulfils the general conditions required for entitlement to the pension and, where appropriate, the amount which it may correspond to it, so that, within a maximum period of 10 days, it shall make representations and submit any documents it considers relevant.

However, the recognition of the right will be conditional upon the formalisation of the corresponding part-time work contract and, if necessary, the replacement or, where appropriate, the modification of the contract when it is deal with the assumptions referred to in paragraph 2 of the previous Article.

2. The economic effects of the partial retirement pension will take place on the day following that of the causative event, provided that on that date the corresponding part-time employment contract has entered into force and, if necessary, the If the application is submitted within three months before or after the end of the work being carried out and which is the subject of the corresponding reduction in the day.

In the cases referred to in Article 12 (2), the effects of the new pension amount will be produced on the same date as the start of the new working day by the partial retiree and, where appropriate, by the relievist.

If the application is submitted more than three months after the end of the work that has been carried out and which is the subject of the corresponding reduction of the day, or from the date on which the new reduction of the day, the economic effects of the pension will only have a retroactivity of three months, counted from the date of filing of the application.

Article 14. Compatibility and incompatibility.

1. The partial retirement pension will be compatible:

(a) With part-time work in the company and, where appropriate, with other part-time jobs prior to the partial retirement situation, provided that the duration of their journey is not increased.

Also, with part-time work arranged after the partial retirement situation, when the jobs that had been previously held in other companies have ceased, provided that they do not increase the duration of the day until then.

In the two previous cases, if the duration of your day is increased, the partial retirement pension will be suspended.

(b) With the pension, the unemployment benefit, and with other benefits substitute for the remuneration corresponding to the part-time jobs previously agreed to the retirement situation partial, as referred to in the preceding paragraph, with the exception of the following paragraph.

2. The partial retirement pension shall be incompatible:

a) With the pensions of permanent incapacity and great invalidity.

b) With the retirement pension that may correspond to another activity other than that performed in the part-time work contract.

c) With the total permanent disability pension for the work to be provided under the contract that resulted in the partial retirement.

Article 15. Calculation of Social Security benefits during the partial retirement situation.

1. If the worker, during the partial retirement situation, dies or is declared a permanent incapacity in the grades of absolute, great invalidity or total for the occupation which the worker has in the undertaking in which he or she works In the case of the calculation of the benefit-regulatory basis, the contribution bases for the part-time working period in the company where the time and salary reduced, increased to 100 per cent, will be taken into account for the calculation of the benefit-regulatory basis. 100 of the amount which would have been paid in the undertaking, in that period, the same percentage of working time before moving on to the partial retirement situation, and provided that the latter had been coupled with a replacement contract.

2. The provisions of the preceding paragraph shall also apply for periods in which the partial retirement has been combined with the provision of unemployment, which is compatible with partial retirement, or with other substitute benefits for In the case of parttime work, during the periods in which, in addition, partial retirement had been combined with the existence of a replacement contract, except where the cessation of work had been due to the (a) disciplinary dismissal, in which case the benefit of the elevation to 100 per 100 of the The corresponding contribution bases will only reach the period before the end of the work.

3. In cases where the benefit of the 100 per 100 increase in the contribution bases for parttime work is not applicable, the perception of partial retirement with a contract of employment has not been met. (a) the person concerned may choose between the determination of the regulatory base by calculating the basis of contributions actually paid during the partial retirement situation, or that the magnitude is calculated on the date of recognition of the partial retirement or, where appropriate, the date on which the benefit of the 100 per 100 increase was no longer applied the quoted bases, while applying the other rules which were in force at the time of the corresponding pension.

Where, as provided for in the preceding subparagraph, the pension basis is determined on a date prior to the date of the event causing the benefit, the revaluations which have been carried out from the date of payment of the pension shall apply. the date of calculation of the regulatory basis to the event causing it.

Article 16. Termination of the partial retirement pension.

Partial retirement pension will be extinguished by:

a) The death of the pensioner.

b) The recognition of ordinary or anticipated retirement, under any of the legally intended modalities.

(c) The recognition of a permanent disability pension, declared incompatible, in accordance with Article 14 (2).

(d) The termination of the part-time work contract, carried out by the partial retiree, except where entitlement to unemployment benefits, compatible with partial retirement, or other substitute benefits for the benefit of the remuneration received at that time, in which case the termination of partial retirement shall take place on the date of termination of the partial retirement.

As provided for in the preceding paragraph, it shall not apply to the extinctions of the contract of employment declared imparted, in which case the right to a partial retirement shall be maintained, without prejudice to the obligations laid down in the additional provision second to this Royal Decree.

Article 17. Entitlement to certain benefits of partial retirees.

The partial retiree will have a pensioner's status for the recognition and perception of health benefits, both medical and pharmaceutical, as well as social service benefits.

Article 18. Particularities in the calculation of the ordinary or early retirement pension.

1. A worker who is entitled to a partial retirement may apply for an ordinary or early retirement pension under any of the conditions laid down in law, in accordance with the rules of the social security scheme in question.

2. For the calculation of the pension basis, the contribution bases corresponding to the part-time working period in the company where he reduced his working day and salary, increased up to 100 per 100 of the amount of the pension, will be taken into account. the same percentage of working time had been carried out in the undertaking in that period before moving on to the situation of partial retirement, and provided that the same percentage had been combined with a replacement contract.

The provisions of the preceding paragraph shall also apply for periods in which partial retirement has been combined with the provision of unemployment, compatible with partial retirement, and other benefits. replacement of the remuneration for parttime work during the period in which the partial retirement had been combined with a replacement contract, except where the termination of the work had been due to dismissal; disciplinary action, in which case the benefit of the elevation to 100 per 100 of the corresponding Quotation bases will only reach the period before the end of the work.

3. For the purposes of determining the percentage applicable to the regulatory base, the time period quoted as a period of time between partial retirement and ordinary or early retirement shall be taken as a period of full time, provided that, in that period, partial retirement would have been combined with a replacement contract.

4. In cases where the benefit of the 100 per 100 increase to the contribution bases cannot be applied, because the partial retirement is not combined with a replacement contract, the person concerned may decide to determine the basis of the In the case of a retirement pension, the pension is calculated on the basis of a pension, in the case of a partial retirement, or the pension is calculated on the date on which the partial retirement was recognised or, where appropriate, the retirement pension. apply the benefit of the increase of 100% of the contribution base, while applying the other rules at the time of causing the pension.

Where the statutory basis for the retirement pension has been determined at a date prior to that of the causative event, the amount of the pension resulting shall be applied to the revaluations which have been carried out since that date. date to the date of the causative event.

Additional disposition first. Formalisation of the replacement contract and the partial retiree contract.

1. The contract of employment of the worker who is partially retired and the contract of relief referred to in Articles 12.6 of the Staff Regulations and 166 of the General Law on Social Security shall be formalised in writing in a model official.

In the contract of employment of the partially retired worker, they must include the elements of the part-time contract, as well as the working day before and the result of the reduction of their workday.

In the contract of relief, the name, age and professional circumstances of the replaced worker and the characteristics of the job to be performed by the relievist worker, as provided for in the (c) of Article 12.6 of the Staff Regulations.

2. The conclusion of the contract of the partially retired worker shall not result in the loss of acquired rights and the age of the worker.

Additional provision second. Maintenance of replacement and partial retirement contracts.

1. If, during the term of the contract of relief, before the replacement worker reaches the age which allows him to access the ordinary or early retirement, the worker's retirement must be terminated, the employer must replace him with another a worker who is unemployed or who has a fixed term contract with the company.

2. If the retired worker is partially dismissed before the age which allows him to access the ordinary or early retirement and is not taken back, the company must provide the worker with the extension of their working time and, if they are not accepted by this extension, they will have to hire another worker in whom the circumstances referred to in the previous paragraph are met.

In the event that the workday of the reliever is higher than the day left vacant, the extension referred to in the preceding paragraph shall be limited to the full-time working day set out in the agreement. collective of application or, failing that, of the maximum legal ordinary day.

3. New hires should be made in the form of a replacement contract, whether it is to replace the reliever as if it is to replace the worker who had partially reduced his working day.

In both cases, the new contracts must be concluded within the 15 calendar days following the date on which the cessation or, where appropriate, the decision of non-readmission has occurred following the declaration of origin of the dismissal.

The day agreed in the new contracts will be at least equal to the one that was made, at the time of the extinction, the worker whose contract has been extinguished.

4. In the event of non-compliance with the obligations laid down in the preceding paragraphs, the employer shall pay the managing body the amount due for the partial retirement benefit from the time of termination of the contract. until the partial retiree accesses ordinary or early retirement.

Additional provision third. The contribution of part-time contract workers with concentrated work in periods of less than high.

1. A new paragraph 3 is added to Article 65 of the General Regulation on the listing and settlement of other social security rights, approved by Royal Decree 2064/1995 of 22 December 1995, which is worded as follows:

" 3. For workers on a part-time contract, who have agreed with their employer that all the working hours they must carry out on a yearly basis are to be provided at certain periods of each year, receiving all the remuneration (a) the annual or the lower period in question, in those periods of concentrated work, with periods of inactivity exceeding the monthly period, in addition to remaining in the Social Security Scheme corresponding to the reason for the activity and as long as its employment relationship is not extinguished, the obligation of Quote according to the following rules:

1. The basis of quotation shall be determined at the time of the contract of employment and at the beginning of each year in which the worker is in such a situation, taking into account the total amount of remuneration he is entitled to receive. the part-time worker in that year, excluding in any case the amounts corresponding to the non-computable concepts on the basis of contribution to social security in accordance with Article 23 of this General Regulation and other supplementary provisions.

2. The amount thus obtained shall be prorated between the twelve months of the year or the lower period in question, thereby determining the amount of the contribution base corresponding to each of the same and with the independence of the remuneration to be paid in full in the periods of work concentrated or in a pro rata manner throughout the respective year or lower period.

3. The monthly contribution basis, calculated in accordance with the above rules, may not be less than the amount of the minimum price base in force at any time for the part-time employment contracts fixed in the paragraph 2 of this article.

4. If at the end of the financial year or period in question, the worker on a part-time contract, in the absence of his employment relationship, has received remuneration for a different amount than initially considered in that year or period for the determination of the monthly contribution basis during the same period, in accordance with the previous rules 1. 3. the corresponding regularisation shall be carried out. To this end, the employer must either practise the corresponding supplementary settlement of quotas for the differences in more and make the payment within the month of January of the following year or the month following that in which the relationship is extinguished. or request, where appropriate, the return of the fees that are unduly paid.

5. The Administration of Social Security may also carry out the payment of quotas and agree on the returns requested, in particular, in the cases of extinction of the employment relationship. of these workers on a part-time or early retirement basis, for the recognition of the permanent disability pension, for death or for any other cause, with the consequent reduction in the corresponding system of Social Security and an obligation to list. "

2. The current paragraphs 3, 4, 5 and 6 of this Article 65 are, respectively, to be set out in paragraphs 4, 5, 6 and 7, with the same wording.

3. Article 65 (3) of the General Regulation on the listing and settlement of other rights of social security shall not apply to the fixed-discontinuous workers referred to in Article 15.8 of the Law of the Staff Regulations.

Additional provision fourth. Collection of contributions in respect of part-time workers with concentrated work.

The monthly quotas resulting from the rules laid down in Article 65.3 of the General Regulation on the Listing and Settlement of Other Social Security Rights, in the wording given by this Royal Decree, must be entered into the regulatory deadlines set out in Article 66 of the Order of 26 May 1999, for which the General Regulation on the Collection of Social Security System Resources is developed.

Single transient arrangement. Regularisation of contributions, in respect of part-time workers with concentrated work, carried out in advance.

The contributions made prior to the validity of this Royal Decree, in a manner other than that provided for therein, must be regulated by the employers in accordance with the rules laid down in the Article 65 of the General Regulation on the listing and settlement of other social security rights, in the wording given by the additional provision of this Royal Decree, by means of a quota settlement comprising the whole of the period, and that it shall have the character of complementary if, as a consequence of remuneration paid for the periods of work concentrated, certain amounts of the obligation to be listed have been exempted, provided that the settlement of quotas and the entry of the supplementary settlement, where appropriate, is carried out within the of the two months following the date of entry into force of this Royal Decree, and without prejudice to the application of the prescribed limitation period.

In the event that the entry into force of this Royal Decree would not have made any contribution to the concentration of the work period of the part-time contract in later periods, the rules will apply corresponding to that Article 65.3, the payment of the supplementary settlement shall be made for periods already elapsed in the month following its entry into force.

Single repeal provision. Regulatory repeal.

As many provisions of the same or lower rank are repealed with this Royal Decree and, expressly, the Royal Decrees 1991/1984, of 31 October, for which the part-time contract is regulated, the contract of In the case of protective action, the Royal Decree-Law 15/1998 of 27 December 1999, of 27 December, is being replaced and partially retired, and 144/1999 of 29 January.

Final disposition first. Faculty of development.

The Minister of Labour and Social Affairs is empowered to dictate the general provisions that are 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 the day following that of its publication in the "Official Gazette of the State".

Given in Madrid at 31 October 2002.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

EDUARDO ZAPLANA HERNANDEZ-SORO