The status of worker included in the field of application of the Special Agrarian Regime requires as one of its basic requirements the realization of "agricultural labor, whether they be agricultural, forestry or livestock," according to Article 2 of the recast text of the Special Agrarian System of Social Security, approved by Decree 2123/1971 of 23 July, and of its General Regulation, approved by Decree 3772/1972 of 23 December.

For its part, Article 44 of that recast text, in the wording given to it by Article 25 of Law 55/1999, of 29 December, of Measures Fis cales, Administrativas and of the Social Order, imposed and regulated the obligation of employers to list "for each day that the workers employed by the employer are actually engaged in agricultural work".

In turn, Articles 35.3 and 45.1.4. of the General Regulation on the Registration of Companies and Affiliations, High, Low and Variations of Data of Workers in Social Security, approved by Royal Decree 84/1996, of 26 of January, they regulate the effects of the ups and downs on this Special Regime for months complete as well as the casualties for the performance of non-agricultural activities or for inactivity in agricultural tasks, while Article 42.5 of the General Regulation on the Quotation and Settlement of Other Rights of Social Security, approved by the Royal Decree 2064/1995, of 22 December, imposed the liquidation and payment of the fees for actual days in conjunction with the quotas for professional contingencies.

However, such regulatory regulation has been shown to be insufficient to exclude those who do not carry out agricultural work for a certain time from the agricultural census, which is why it is considered necessary to impose on companies that (a) the obligation to communicate before the provision of services the high and the data on the performance of real days, which will enable the effective control of the ups and downs and the contribution of the the employed persons covered by this Special Scheme. It is also possible to cure high and low for split periods as well as the entry of fixed quotas for periods of less than one month depending on the date on which the agricultural activity is initiated or finished.

To this end, it is necessary to make the necessary amendments to the aforementioned regulatory texts.

By virtue of the provisions of Article 5 and the seventh final provision of the recast text of the General Law of Social Security, approved by the Royal Decree of Law 1/1994 of 20 June, on the proposal of the Minister of Labour and Social Affairs, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 24 May 2002,

D I S P O N G O:

Article first. Amendment of Article 35 (3), Article 45 and Article 46 (4) of the General Regulation on the Registration of Companies and Affiliations, High, Low and Variations of Workers ' Data in Social Security, approved by the Royal Decree 84/1996 of 26 January.

1. Article 35 (3) is worded as follows:

" 3. In the case of social security schemes which have established that the contribution must be made for a period of months, the effects of the high and low rates in respect of the contribution, in their various cases, shall be construed as referring, respectively, to the on the first day of the calendar month in which the determining conditions for the inclusion in the scheme concerned are met and on the last day of the calendar month in which such conditions cease to be in the interest of the person concerned, without prejudice to provided for in Articles 45.1.5 and 49.3 of this Regulation. " 2. Article 45 (1) shall be worded as follows:

" 1. Workers falling within the field of application of the Special Agricultural Social Security Scheme shall be required to register in the census referred to in Section 2 of Chapter II of the recast text of the Special Agrarian System of Social Security, approved by Decree 2123/1971 of 23 July, applying to these effects the following rules:

1. The registration of workers in the census shall be carried out in two separate Sections, in the case of self-employed or employed persons.

2. The obligation to apply for registration in the census is born from the moment the worker meets the conditions that determine his inclusion in the field of application of this Special Regime.

3. The application for registration in the census, ways to promote it, time limit, place, formalities for its practice and effects of such an inscription as well as the communication of the variations that will occur will be governed by the rules established for membership and discharge in Articles 23 and following of this Regulation, with the following specialties:

(a) The obligation to apply for registration in the census shall be for the persons concerned themselves, in the case of self-employed agricultural workers, and employers, in respect of agricultural workers who have their own service and, in the event of non-compliance by those, may be requested by the workers themselves.

(b) applications for registration in the census of workers engaged in agricultural work, made prior to the commencement of the provision of services, and in respect of those already registered therein; Employers must accompany a communication in the form determined by the General Treasury of Social Security, in which the personal data are included and the date set for the realization of the first real day of each of the workers Agricultural products.

Likewise, within the first six days of each calendar month, employers must inform the General Treasury of Social Security, in the form that it determines, the total number of days paid to them by each worker during the preceding calendar month or, where applicable, the non-performance of the prior notice referred to in the preceding paragraph.

In the event of a definitive termination of the employment relationship for the fixed workers, this communication must be carried out within six days of the last actual day.

At the end of their provision of services, employers must provide each worker with a justification for the performance of actual days, in which the employer's data, the dates of initiation and completion and the total number of days paid to the same.

In order to prove the agricultural activity, the worker may obtain from the General Treasury of Social Security a justification for the performance of the actual days, in which the data of the employer, the type of relationship the dates for the initiation and completion of the agricultural activity, the total number of days paid to the employer and the dates on which the activity took place.

(c) The request for the inclusion of the worker in the census by the employer or by the self-employed person shall be equal to the application for membership and/or discharge. Likewise, the communication by the employer of the performance of actual days is equivalent to an application for inclusion in the census if the worker is not already registered in the census.

To prove the carrying out of the agricultural work and other circumstances specified in Articles 2 et seq. of the recast text of the Special Agrarian Social Security Regime, both for the purposes of the discharge and the stay and leave in the same, the interested parties will be able to use all the means of proof admitted in law and, in particular, the communication of initiation and completion of actual days.

(d) The initial registration in the census shall have effects of affiliation to the Social Security System for those workers who are not previously affiliated and their inclusion in the census shall be equal to the high, initial or successive census, of the worker in this Special Regime.

(e) the obligations incumbent upon employers are independent of the obligations of employers in respect of the protection of the contingencies of occupational accidents and occupational diseases in respect of employees who provide services to them, in accordance with Article 14 of this Regulation.

4. The reduction in this Special Regime shall take place when the worker does not perform agricultural work on the terms and conditions set out in this Article or when it is established that he was unduly discharged, in which case he/she will be to the provisions of Article 60 of this Regulation.

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 Regime if it has not been expressly requested by the worker, in the Assumptions:

(a) Where the agricultural worker is dedicated exclusively and uninterruptedly to other non-agricultural activities for a period of more than three consecutive calendar months or, in the case of employed persons, where the situation of inactivity in agricultural and non-agricultural work is maintained uninterruptedly for a period of more than six calendar months, counted from the end of the last month in which the last communication of the actual or, where appropriate, from the completion of the perception of the (a) the provision or the unemployment benefit, provided that the fixed quotas corresponding to that worker are entered.

In these cases, agricultural workers will have to apply for the reduction in this Special Regime within the six days following the one in which the respective limit is exceeded and the same will take effect from the day on. first of the fourth month following the month in which the non-agricultural activities were initiated or the seventh month following the communication of the last day by the worker or the completion of the receipt of the benefit or allowance.

Upon the respective deadline without filing the application for a discharge, the General Treasury of the Social Security may agree to the same office of trade.

(b) Where there is no communication of the performance of actual days in respect of an employed person in three consecutive months and without the worker entering the fixed fee corresponding to that scheme during the same period In particular, the General Treasury of Social Security shall give the worker a discharge with effect from the last day of the month in which he/she shall carry out the last day of actual communication.

5. When the employed person starts or ends his or her activity without matching the principle or end of calendar month or does not coincide with the date provided for in this respect by the employer or the worker, the the registration or registration of this Special Regime shall take effect, respectively, from the day on which the agricultural activity begins in that month or until the day on which it has ceased to meet the conditions to be included in this Regime.

6. It is the responsibility of the General Treasury of Social Security to recognize the right to the registration of workers in the census and to their discharge in the census, and may require the data, documents or reports relevant to accredit the concurrency of the determining requirements of the inclusion or the decline in the census.

7. The variations in the circumstances of the workers entered in the census and which give rise to a change in the Section in which they are to be entered or in the amount of their monthly contribution shall have effect on from the calendar month following the date on which such variations took place, if they were communicated in time, and in the month following that in which they were known to the General Treasury of Social Security, in another case, unless it is proved that have been produced before, in which case they shall have effect from the month following that in which they were place, without prejudice to the penalties and other effects which may be imposed. "

3. Article 46 (4), which is worded as follows, is amended as follows:

" 4. Workers who have opted for the protection referred to in the preceding paragraph shall formalise the coverage of that economic benefit for temporary incapacity with a Mutual of Occupational Accidents 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 Mutual Insurance and Occupational Diseases of the Accidents of Occupational Safety, approved by Royal Decree 1993/1995 of 7 December 1995. '

Article 2. Amendment to Article 39 (1) and the addition of a new paragraph in Article 42 (5) and a new paragraph 3 to Article 70 of the General Regulation on the Quotation and Settlement of Other Social Security Rights, approved by Royal Decree 2064/1995 of 22 December 1995.

1. Article 39 (1) shall be worded as follows:

" 1. The birth, duration and extinction of the obligation to list the workers for account

herself and others from the Special Agricultural Social Security Scheme shall be governed by the provisions of Articles 12, 13 and 14 of this Regulation, without any more than the following:

1. The obligation to list this Special Regime shall be incurred from the first day of the calendar month in which the discharge occurs and the activity is initiated and shall be extinguished at the expiration of the last day of the calendar month in which the cause a reduction in that scheme, except in the case referred to in Article 45.1.5. of the General Regulation on the Registration of Companies and Affiliations, High, Low and Variations of Workers ' Data in Social Security, in which case the quota fixed monthly will be divided by thirty in all months.

2. The workers included in this Special Regime who carry out work that lead to their inclusion in another Social Security Regime, for a period exceeding three months, natural and consecutive, other than having to to request their discharge in the Special Agricultural Social Security Regime, they will not have an obligation to list it in those natural and complete monthly payments that show that the services have been rendered uninterruptedly and exclusively determinants of their inclusion in the other Regime. Workers who are in such a situation shall not be entitled, while the same subsidiary, to receive benefits under this scheme. "

2. The following subparagraph shall be added to Article 42 (5

:

"For these purposes, in the listing documents or in the transmission by technical means of the data contained therein, the number of days held in the month to which the settlement relates shall be indicated."

3. A new paragraph 3 is added to Article 70 in the following

:

" 3. In the case of employed persons of a fixed character included in the Special Agrarian System of Social Security, the Management Entity, during the receipt of unemployment benefits, shall be responsible for the fixed quota in force. corresponds to the contribution group of the worker at the time of the legal unemployment situation, which is 28 per 100. During the receipt of the unemployment allowance, the contribution shall be made in accordance with the provisions of paragraph 1.3 of this Article.

The Managing Body will pay the beneficiaries of unemployment benefits and allowances, together with the corresponding economic perceptions, the amount of the contribution to their charge, by coming under the obligation to contribute to the scheme. Special Agricultural Social Security Fund for the whole of the fixed quota corresponding to it. "

Single end disposition. Entry into force.

The provisions of this Royal Decree shall enter into force on the first day of the sixth month following that of its publication in the "Official Gazette of the State".

Given in Madrid to May 24, 2002.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

JUAN CARLOS APARICIO PÉREZ