Law 39/1999 of 5 November to promote the reconciliation of the working and family life of working people empowers the Government, in its final disposition, to lay down the rules necessary for the development and execution of the same.

To this end, this Royal Decree responds, by means of which the partial regulatory development of the aforementioned legal provision is effected, which, on the one hand, has a significant impact on the maternity allowance and, on the other, requires the detailed legal management of the new risk benefit during pregnancy.

The systematic reordering and updating of the legal system of maternity allowance is also carried out, and the statutory level of the temporary disability allowance is also definitively separated in the those aspects in which both subsidies maintained a common regulation while at the same time dispersed.

Among other issues, the possibility is developed, certainly novel provided for in the aforementioned Law, that the period of rest for maternity, adoption and reception, both pre-adopted and permanent, can be enjoyed by the In the case of parttime work, this determines the compatibility of the allowance with an employment activity without the contractual modality being altered.

With this measure of relaxation in the enjoyment of the rest period is intended to enhance the sharing of the family responsibilities between mothers and fathers, the improvement in the care of the children by the parents, as well as make it possible for women to be linked to their job, so that maternity is never an obstacle to their professional promotion.

As a result of the new legal regime for the suspension of the maternity work contract, laid down in the third subparagraph of Article 48 (4) of the Staff Regulations, added by paragraph (b) of the Paragraph 1 of the eighth additional provision of Law 12/2001 of 9 July of Urgent Measures to Reform the Labour Market for the Improvement of Employment and the Improvement of its Quality in the specific cases of birth of premature children or which require hospitalization after delivery, the Royal Decree also provides for the possibility of the maternity allowance from the date of the discharge of the children, after six weeks after the birth, of compulsory suspension of the mother's contract.

Also, the different possibilities offered by the legislation are collected so that the father can be a beneficiary of a part or of the whole rest period, including the determination of the calculation of the benefit in these assumptions. Also, the possible causes of revocation of the option made by the mother in favor of the father are broken down.

On the other hand, the assumptions in which the situations of maternity and temporary incapacity interact are detailed and, finally, the basic norms of the procedure for the recognition of the right to benefits are dictated Maternity economics.

Regarding the new risk benefit during pregnancy, its regulatory development follows the basic lines of Law 39/1999, maintaining the systematic and traditional structure in the legal system of the benefits Economic and Social Security. Thus, the legal system of this subsidy is determined on the basis of the regulation provided for in the current regulations for situations of temporary incapacity, with the necessary particularities of adaptation that incorporates the present Real Decree, the procedure and precise actions for the recognition of the right to the subsidy are regulated in detail.

Finally, in the additional provisions, the necessary development of one of the figures introduced by Law 39/1999, in particular, the enjoyment of the maternity leave on a part-time basis and, in addition, the adaptation of certain precepts of the regulatory texts, which are currently in force in the field of employment, of high and low workers and of the contribution and collection of the resources of the social security system. In this way, the Royal Decree maintains its full text character for the protected situations to which it refers and, at the same time, consolidates the unitary normative body already existing in the materials mentioned, avoiding unnecessary fragmentations of provisions.

In its virtue, on the proposal of the Minister of Labor and Social Affairs, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers in its meeting of 16 November 2001,

D I S P O N G O:

CHAPTER I

General provisions on protective action

Article 1. Scope of application.

1. The provisions laid down in Chapters II and III of this Royal Decree shall apply to all the Regiments of the Social Security System, without any more particularities than those expressly indicated.

2. The provisions laid down in Chapter III of this Royal Decree shall apply

the

officials included in the General Social Security Regime, to which a risk license is granted during pregnancy.

Similarly, the provisions of Chapter III will apply to statutory health workers who, by virtue of their rules, are granted a similar licence or situation during pregnancy.

3. This Royal Decree will be applied in the Special Regiments of the Social Security of Civil Servants of the State, of the Armed Forces and of Officials to the Service of the Administration of Justice, in all that is not object to the general rules governing the relevant system.

CHAPTER II

Maternity allowance

Article 2. Protected situations.

1. For the purposes of maternity protection, maternity, adoption and family accommodation, both pre-adopted and permanent, are considered to be protected situations during periods of rest which are to be enjoyed by such situations. as provided for in Article 48 (4) of the Staff Regulations, in Article 30 (3) of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service and in the first provision of the present Royal Decree.

2. Legal institutions declared by foreign judicial or administrative decisions, the purpose and legal effects of which are to be regarded as legally comparable to the adoption and pre-adoption of such legal institutions shall be legally comparable. for the adoption and adoption of a pre-adoptive or permanent reception, whatever the name.

In the case of the adoption or family reception of persons with disabilities or those who, due to their circumstances and personal experiences or from abroad, have special difficulties of social and family insertion, the status of the adopted or accepted situation must be less than eighteen years.

For the purposes of the provisions of this Royal Decree, it is understood that the adoptee or the host has a disability when he or she accredits a disability to a degree equal to or greater than 33 per 100, according to the Royal Decree 1971/1999 of 23 December 1999 concerning the procedure for the recognition, declaration and qualification of the degree of disability.

3. In the case of self-employed persons included in the various Special Regiments of the Social Security system, the conditions referred to in paragraphs 1 and 2 of this Article shall be considered as protected situations during the periods of termination. of the activity which is matched, as regards both its duration and its distribution, with the periods of work rest established for employed persons, except as regards the possibility of the benefit of the rest on a part-time basis, which shall apply only to the latter workers.

Article 3. Economic benefit.

1. The maternity allowance shall consist of a subsidy equal to 100 per 100 of the corresponding regulatory base, in accordance with the provisions of Article 6 of this Royal Decree.

2. In the case of multiple births and the simultaneous adoption or acceptance of more than one child, a special allowance shall be granted for each child, starting from the second, equal to the one corresponding to the first, during the six-month period. weeks, immediately after delivery, or in the case of adoption or acceptance, on the basis of the administrative or judicial decision of acceptance or of the judicial decision establishing the adoption.

Article 4. Beneficiaries.

1. Workers, irrespective of their sex, falling within the scope of this Chapter II, who enjoy the breaks referred to in Article 2 of this rule, shall be the beneficiaries of the maternity allowance, provided that they meet the the general condition of being affiliated and in high or in a situation assimilated to it in some System of the Social Security system, credit a minimum period of contribution of one hundred and eighty days, within the five years immediately preceding the the date of delivery, or the dates of the administrative or judicial decision of acceptance or of the decision the legal basis for the adoption of the Directive.

In the case of international adoption, where the parents ' prior movement has been necessary to the country of origin of the adoptee and they are engaged in the period of suspension provided for, in such cases, they may commence enjoy up to four weeks before the decision making the adoption, the requirements laid down in the preceding paragraph shall be credited on the date of the start of the suspension period. In no case shall the period of duration of the benefit be more than sixteen weeks or the corresponding period, in the case of multiple adoption, or its equivalent where the rest period is enjoyed on a working day basis partial.

When the period of rest by maternity, adoption or reception is enjoyed, simultaneously or successively, by the mother and the father, they will have both the condition of beneficiaries of the allowance, provided they meet in a manner (i) the conditions for

Also, in the case of childbirth, if the working mother does not meet the minimum required contribution period, the parent, at the option of the mother, may receive the allowance for the entire rest of the rest permit, discounting a period of six weeks, provided that the said requirement is satisfied.

2. Workers employed on a part-time basis shall be entitled to maternity benefit, with the particularities laid down in Royal Decree 144/1999 of 29 January 1999 for the protection of the protection of the environment. Social Security, Royal Decree-Law 15/1998 of 27 November 1998, of urgent measures for the improvement of the labour market in relation to part-time work and the promotion of its stability.

Such particularities shall not apply to full-time contract workers who, however, enjoy periods of maternity leave on a part-time basis.

3. Both for the self-employed persons included in the various Special Regiments and for the workers belonging to the Special Regime of household employees who are responsible for the obligation to list, it will be necessary essential for the recognition and payment of the benefit which the persons concerned are aware of in the payment of the social security contributions. Without prejudice to the foregoing, the mechanism of the invitation to payment provided for in Article 28 (2) of Decree 2530/1970 of 20 August 2001 on the special arrangements for workers on behalf of the European Union shall apply, where appropriate. own or self-employed persons, both to the latter, and to workers belonging to the Special Regime of household employees who are responsible for the obligation to list.

4. For the purposes of the special allowance for childbirth, adoption or multiple acceptance, as referred to in paragraph 2 of the preceding Article, the condition of the beneficiaries shall be those who in turn are the beneficiaries of the maternity allowance. Only one of the parents who, in the case of childbirth, shall be determined by the mother; in case of adoption or reception, shall be decided by free decision of the persons concerned.

5. In accordance with the provisions of Article 2 (3) of this Royal Decree, self-employed persons included in the various Special Regiments of the Social Security system may not be eligible for the allowance. by maternity on a part-time basis.

Article 5. Situations assimilated to discharge.

For access to the maternity allowance, the following are considered to be considered as situations:

1. The legal situation of total unemployment for which the benefit of the contributory level is perceived.

2. The month following the end of the public office or the cessation of the exercise of representative public office or of union functions of a provincial, regional or state level, which gave rise to the situation of forced leave or the situation in which the reentry into work is to be applied for, in accordance with the provisions of Article 46 (1) and Article 48 (3) of the Law on the Staff Regulations.

3. The worker's transfer to the company outside the national territory.

4. For the collective artists and professional taurinos, the days that are quoted by application of the rules that regulate their contribution, which will have the consideration of days listed and in situation of high, even if they do not correspond to the provision of services.

5. In the Special Agrarian Regime, the situation of displacement abroad for work, in the terms regulated in Article 71 of the General Regulation of the Special Agricultural System of Social Security, approved by Decree 3772/1972 of 23 December.

6. Other situations that are regulated in a regulated manner.

Article 6. Calculation of the benefit.

1. For the purposes of calculating the maternity allowance, the regulatory basis shall be equivalent to that laid down for the provision of temporary incapacity, arising from common contingencies, taking as a reference the date of commencement of the rest period.

However, during the enjoyment of periods of rest on a part-time basis, the basis for the allowance shall be reduced in inverse proportion to the reduction in the working time.

2. In the case of workers hired on a part-time basis, the determination of the regulatory base shall be made in accordance with the provisions laid down in Article 5 (2) of Royal Decree No 144/1999 for the provision of maternity and maternity leave of 29%. January.

3. Where the period of rest for maternity, adoption or family accommodation, both permanent and pre-adopted, is enjoyed, simultaneously or successively, by the mother and the father, the benefit shall be determined for each person according to his or her respective regulatory basis.

4. In cases of premature birth and in cases where, for any other cause, the neonate is to remain in the hospital after delivery, if the maternity allowance has been interrupted, if it is resumed, once the child has been given birth. the child has been discharged from hospital, the allowance shall be paid at the same amount in which it was paid before the interruption.

Article 7. Birth, duration and extinction of the right.

1. You shall be entitled to maternity allowance from the day on which the corresponding rest period starts.

2. The maternity allowance shall be paid to each beneficiary, where appropriate, during the part of the rest periods referred to in Article 2 of this Royal Decree, which have been effectively enjoyed by the mother and father.

In the event of death of the child, the beneficiary shall be entitled to the economic benefit during the days missing to complete the mandatory rest period for the mother of six weeks after the birth, if They would not have been exhausted. In such cases, the option exercised by the mother in favour of the father will have no effect.

Also, the provisions of the preceding paragraph shall apply even if the fetus does not meet the conditions laid down in Article 30 of the Civil Code to acquire the personality, provided that it has remained within the maternal for at least one hundred and eighty days.

In the event of the death of the mother, the father may receive the whole or, where appropriate, the portion of the allowance.

When the mother had opted for the father to enjoy a certain and uninterrupted part of the period of maternity rest and, once the cash was started, the father would have died before he had completed, the mother may benefit from the allowance for the part of the rest period, which shall be reduced to the corresponding maximum duration, even if the latter has already been reinstated to work.

3. Strike and lockout situations will not prevent the recognition and perception of maternity allowance.

4. In cases of premature birth and in those where, for any other cause, the neonate must remain in the hospital after delivery, the receipt of maternity allowance may be interrupted, at the request of the parent or the parent, the beneficiary, after the completion of the period of compulsory rest for the mother of six weeks after the birth, and shall resume from the date of the discharge of the child, for the period to be enjoyed. To this end, the following shall be taken into account:

(a) If the break has been initiated from the date of delivery, the interruption in the receipt of the maternity allowance may comprise the period of 10 weeks after the compulsory break or the rest of the period corresponding to the period of birth. by multiple birth.

(b) If the maternity break has been initiated before delivery, the interruption shall only affect the period which, if any, is to be enjoyed after the period of six weeks of compulsory rest.

In the cases referred to in this paragraph, if during the receipt of the maternity allowance, the contract of employment of the beneficiary is extinguished or the cessation of the activity occurs, the allowance may not be interrupted.

5. The right to maternity allowance shall be extinguished by any of the following:

(a) For the duration of the maximum periods of rest periods referred to in Article 2 of this rule.

(b) Where the rest period is exclusively enjoyed by the mother or father, by the voluntary reinstatement to the work of the beneficiary of the allowance prior to the completion of the maximum duration of the mentioned rest period.

(c) In the case of successive or simultaneous enjoyment by the mother and the father, by the voluntary reinstatement to the work of one or both of them, prior to the completion of the maximum periods of time of the periods of corresponding rest. In this case, the part which it subtracted to supplement them shall increase the duration of the subsidy to which the other beneficiary is entitled.

d) By the death of the beneficiary, unless the surviving parent can continue to enjoy the rest period, according to the legal or regulatory conditions established.

e) By the death of the child or received, with the exception of the second and third paragraphs of paragraph 2 of this article.

6. In the cases referred to in paragraphs (b) and (c) of the preceding paragraph, the return of the mother to work shall not be carried out, in the case of childbirth, until the six weeks after that date, established as compulsory rest, have elapsed.

Article 8. Revocability of the option in favor of the father.

The option exercised by the mother at the beginning of the period of maternity leave in favour of the father, in order to ensure that he enjoys part of the leave and, therefore, receives a certain and uninterrupted part of the allowance, corresponding to the post-partum rest period, in the terms laid down in the legal rules referred to in Article 2 of this Royal Decree, may be revoked by the mother if they are made infeasible by the application of the same, such as absence, illness or accident of the father, family abandonment, separation or other Similar causes.

Article 9. Maternity, temporary incapacity and termination of the contract.

1. When the period of maternity leave is exhausted, if the beneficiary continues to need health care as a result of the birth and is unable to work, she will be considered as a temporary disability due to common disease, starting from this moment, if it meets the required requirements and without continuity solution, the payment of the subsidy corresponding to the new contingency and the computation for the duration of said situation, with absolute independence of periods of maternity leave.

2. The processes of temporary incapacity initiated before the birth and without the interested party having opted for the maternal rest, will be maintained in their own terms until the moment of delivery, leaving the possibility of option of the interested in such a break.

From the date of delivery you will need to begin the enjoyment of the maternity break. If the latter has elapsed, the previous temporary incapacity situation will persist, the interrupted computation will resume.

3. During the maternity break, the right to the temporary incapacity allowance arising from common or professional contingencies over that period shall not be granted, except as provided in the following paragraph. Exhausted, if the parent or the parent needs health care, work is prevented and the required requirements are met, the situation of temporary disability that corresponds to it will be initiated.

When a temporary disability process is initiated during the perception of a maternity allowance on a part-time basis, whatever the contingency may be, the allowance may also be paid at the same time. in accordance with the legal regime applicable to it, in accordance with the legal system. In such a case, the regulatory basis shall be calculated on the basis of the contribution of the part-time working time to be made compatible with the maternity allowance.

In the case provided for in the preceding paragraph, if, when the maternity allowance is exhausted, the mother or father continues to be in temporary incapacity, the allowance for this contingency shall be maintained for the amount which (a) to the full-time arrangements, but for the duration and the percentage of the time taken as a reference to the date of the medical discharge in part-time work.

4. In the case of termination of the contract of employment of a worker who has interrupted her situation of temporary incapacity arising from common or professional contingencies, due to the situation of maternity leave, the following rules:

1.a If the extinction occurs once the maternity break is initiated, the receipt of the benefit will be maintained until the end of such situation. Similarly, if the termination of the contract of employment occurs during the enjoyment of periods of rest, on a part-time basis, the maternity allowance shall be paid in full from that time.

If the parent is already enjoying a rest period, on a full-time or part-time basis, the allowance that corresponds to him will be maintained in the terms in which he is receiving it. Once the mother's maternity break has been completed, if the previous temporary disability situation persists, the interrupted computation and the corresponding allowance will be resumed.

2.a If the termination of the contract occurs before the start of the maternity break, even if the worker has not passed on to the situation of total unemployment, perceiving the economic benefit of a contributory level, or (a) in the case of the temporary incapacity preceding the maternity situation, it shall be entitled to the economic benefit arising from the latter contingency, the temporary incapacity prior to the birth and the payment of the allowance being interrupted which will be replaced from the day of the start of the maternity situation by the Legally assigned allowance to the latter.

There will also be a right to maternity benefit when there is no continuity solution between the extinction of the temporary incapacity for a medical discharge and the start of the maternity situation. A doctor of temporary incapacity and the beginning of the maternity break on the same day, due to take place the next day of the one.

If the termination of the contract of employment of the parent or the parent occurs before the start of the maternity break, the allowance which, if applicable, corresponds to, shall be charged in full and the enjoyment may not be shared. of the rest between the two, on a part-time basis.

5. The provisions of the preceding paragraphs shall apply in cases similar to those referred to therein, in the case of protected situations of adoption or of a pre-adopted or permanent reception.

6. Where the receipt of the maternity allowance has been interrupted, in the cases referred to in Article 7 (4) and, after the corresponding provision of services or activity has resumed, the person concerned shall initiate an incapacity This process will be interrupted by the discharge of the child, with the consequent resumption of maternity allowance.

However, if, after the end of the maternity allowance, the situation of temporary incapacity persists, the allowance corresponding to this last contingency which had been interrupted will be resumed.

Article 10. Refusal, cancellation and suspension of the right.

The right to maternity allowance may be refused, cancelled or suspended, in accordance with the provisions of Article 133d of the recast text of the General Law on Social Security, approved by Royal Decree Legislative 1/1994 of 20 June:

(a) Where the beneficiary has acted fraudulently to obtain or retain the subsidy.

(b) Where the beneficiary is self-employed or employed during the rest periods, except for the receipt of a maternity allowance on a part-time basis.

Article 11. Management of maternity benefits.

1. Maternity benefits shall be managed directly by the respective managing body.

2. The payment of the subsidy will be made directly by the managing entity, without any formula of collaboration in the management by the companies.

However, in accordance with the provisions of the additional provision eleventh ter of the recast text of the General Law on Social Security, for the cases in which, pursuant to Article 222 (2) of the Act, the workers are receiving full unemployment benefit and will be able to take the maternity situation, the managing authority may arrange the discharge with the National Employment Institute for the payment of the benefit.

3. Payment of the allowance shall be made for periods expired. The special allowance, in the case of multiple births, shall be paid in a single payment at the end of the six-week period after the delivery and, in the case of multiple adoption or reception, at the end of the six weeks immediately after the administrative or judicial decision of a host or of the judicial decision making up the adoption.

Article 12. Maternity report.

1. The medical officer of the Public Health Service who takes care of the pregnant worker shall issue a maternity report certifying, as the case may be, the following:

(a) The likely date of delivery, when the worker starts the rest before that date.

b) Date of delivery.

(c) State of health of the woman following the birth, in the case of the option of the maternity break in favour of the father, in succession with that of the mother, when, in accordance with the provisions of the first subparagraph of paragraph 2.3.o of Article 13, it is necessary.

2. The maternity report shall consist of one original and two copies. The original will be delivered to the worker, a copy will be processed to the Health Services Inspectorate or equivalent organ of the corresponding Public Health Service and the other will be held by the optional.

3. Female workers shall deliver the original in the undertaking, which shall record the date on which the worker starts the rest period and shall reflect the quotation data necessary for the calculation of the allowance. Once the information has been completed, the company will immediately return the report to the worker, so that the worker can accompany it to the request for the subsidy to the managing body.

Article 13. Application for the provision of maternity and maternity benefits.

1. The procedure for the recognition of the right to maternity benefit shall be initiated at the request of the worker or worker, by application to the Provincial Directorate of the competent management body, according to the (a) the registration of the province in which it has its registered office.

Applications shall be made in the standard models established by the Social Security Administration and shall contain the data and circumstances provided for in Article 70 of Law No 30/1992 of 26 November 1992. Legal status of public administrations and the common administrative procedure.

Expressly, applications must contain the reason for the application, the date of commencement and the planned distribution of the rest period of each of the beneficiaries, as well as the data relating to the company or companies, if (a) for employed persons.

2. The application must be accompanied by the following documents:

1. In the case of maternity and multiple births, (a) the maternity report issued by the corresponding Public Health Service, referred to in the previous Article, duly supplemented by the data to be recorded by the undertaking, when (i) for employed persons.

b) Family book or certification of the registration of the child or children in the Civil Registry. Where the rest has been initiated before delivery, such documents must be accompanied once the registration of the child has been registered.

c) Certification of social security contributions of the last or last companies, or accreditation of the contribution with the receipts of the payment of quotas, if the causative is obliged to his income, when necessary for to establish the minimum contribution period, in order to determine the amount of the benefit or the situation of being aware of the payment of the fees.

2nd. In the case of death of the mother, the applicant must attach the death certificate of the mother.

3º. Where the mother has exercised the option in favour of the father, it shall be presumed, unless proof to the contrary, that the return of the mother to work does not pose a risk to her health.

In the latter case, as well as in the case of the mother's death, the data or supporting documents relating to the contribution of the person concerned, for the purpose of calculating the subsidy, and the certification of the company on which the date of commencement of the work suspension is recorded.

4th. In the case of adoption or acceptance, of one or more minors, it shall be provided:

(a) In any case, the judicial decision establishing the adoption, or the administrative or judicial decision granting the family reception, either permanent or preadoptive.

In the case of international adoption, in cases where the prior movement of the parents to the country of origin of the adopted person is necessary, in accordance with the second subparagraph of Article 4 (1), provide the documentation issued by the competent authority of the Autonomous Community, in which the necessary procedures for adoption are justified, in order to improve the procedure.

(b) In the case of adoption or reception of minors over six years of age, certification by the Institute of Migration and Social Services or the competent authority of the Autonomous Community of which the adopted or accepted has a degree of disability equal to or greater than 33 per 100, or of the Public Entity, competent for the protection of minors, that he, for his personal circumstances or for coming from abroad, has special difficulties social or family insertion.

c) Certification of social security contributions of the last or last companies, or accreditation of the contribution with the receipts of the payment of quotas, if the causative is obliged to his income, when necessary for to establish the minimum contribution period, in order to determine the amount of the benefit or the situation of being aware of the payment of the fees.

d) Certification of the company in which the start date of the work suspension is recorded.

5th. Document certifying the prior agreement with the employer, when the rest period is enjoyed on a part-time basis. In the event that the mother and the father are able to accept this possibility, each one must provide such a document.

If, in accordance with the provisions of the Additional Provision of this Royal Decree, the initially agreed distribution of the enjoyment of the rest period is modified, this circumstance shall be brought to the attention of the Management entity with immediate character.

3. In the light of the documentation submitted and once all the conditions required for access to the subsidy have been verified, the Director of the respective management authority shall give the express decision and notify it within 30 days of the date of order for the recognition of the right to maternity benefit.

4. The application for interruption of the receipt of the maternity allowance, in the cases provided for in Article 7 (4), shall be made by the mother or father of the newborn, depending on who is or is to be the beneficiary of the (a) the provision of the contract, which must prove the interruption of the suspension of the contract of employment or the cessation of the activity, and the existence of hospitalization of the child.

CHAPTER III

Risk allowance during pregnancy

SECTION 1. RULES APPLICABLE TO FEMALE EMPLOYEES

Article 14. Protected status.

1. For the purposes of the economic benefit at risk during pregnancy, it is considered to be a protected situation where the pregnant worker is found during the period of suspension of the contract of employment in the cases where, it is changing from work to another compatible with its state, in accordance with the terms laid down in Article 26 (3) of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks, such a change of post is not technical or objectively possible, or cannot reasonably be required for justified reasons.

2. In accordance with the provisions of the above paragraph, the risk or disease arising out of a negative impact on the health of the worker or the foetus shall not be considered as a protected situation, where it is not related to agents, the procedures or working conditions of the post.

Article 15. Economic benefit.

The economic benefit at risk during pregnancy shall consist of a subsidy equal to 75 per 100 of the corresponding regulatory base, in accordance with the provisions of Article 17 of this Royal Decree.

Article 16. Beneficiaries.

1. Workers who are employed in the event of suspension of the contract of employment at risk during the pregnancy will be eligible for the allowance, provided that they are affiliated and are in high employment in one of the social security schemes. a minimum contribution period of one hundred and eighty days, within five years immediately preceding the date on which the suspension of the contract of employment is initiated.

In the same terms, workers integrated into the Special Regime of Household Employees, who provide their services for a home with exclusive character, will be beneficiaries of the subsidy.

2. Parttime workers shall be entitled to the economic benefit at risk during pregnancy, with the particularities laid down in Royal Decree 144/1999 of 29 January for the provision of temporary incapacity for work of common contingencies.

Article 17. Calculation of the benefit.

1. For the calculation of the risk allowance during pregnancy, the regulatory basis shall be equivalent to that established for the provision of temporary incapacity, arising from common contingencies, taking as a reference the date on which the suspension of the contract of employment.

2. The following particularities shall be taken into account in multi-employment situations:

(a) Where the suspension of the contract of employment by risk during pregnancy is declared in all the activities carried out simultaneously by the worker, for the determination of the regulatory base of the allowance all their contribution bases in the various companies, being of application to the regulatory base thus determined the maximum ceiling established for the purposes of listing.

(b) If the suspension of the contract of employment by risk during pregnancy is declared in one or some of the activities carried out by the worker, but not in all, in the calculation of the basis of the subsidy, only the take the basis of contributions in the undertakings in which the suspension of the contract of employment occurs, applying, for these purposes, the limit corresponding to the fraction or fractions of the maximum ceiling for which they are assigned.

3. The provisions of Article 29 of this Royal Decree shall apply in situations of multi-activity.

4. In the case of workers hired on a part-time basis, the rules laid down for the temporary disability allowance in Article 4 (b) of Royal Decree 144/1999 shall apply for the determination of the allowance for temporary incapacity. January 29.

Article 18. Birth, duration and extinction of the right.

1. The right to the allowance is born on the same day as the suspension of the contract of employment for risk during pregnancy.

2. The allowance shall be paid during the period necessary for the protection of the health or safety of the worker and/or the foetus, and shall end the day before the date on which the suspension of the maternity or maternity work contract is initiated. the return of the working woman to her previous job or another compatible with her state.

3. The allowance shall be paid to female workers engaged on a part-time basis during all calendar days in which the suspension of the contract of employment is maintained at risk during pregnancy.

4. Entitlement to the allowance shall be extinguished by:

(a) Suspension of the maternity work contract.

b) Reincorporation of the working woman to her previous job or to another one compatible with her state.

c) Extinction of the employment contract by virtue of the legally established causes.

d) Death of the beneficiary.

Article 19. Refusal, cancellation and suspension of the right.

The right to the allowance may be refused, cancelled or suspended, in accordance with the provisions of the temporary disability allowance in Article 132 (1) of the recast text of the General Law on Security Social, approved by Royal Legislative Decree 1/1994, of June 20:

(a) Where the beneficiary has acted fraudulently to obtain or maintain the subsidy.

(b) When carrying out any work or activity, either on behalf of an employed or self-employed person, initiated after the termination of the contract of employment at risk during pregnancy, incompatible with its state.

Article 20. Management of the economic performance.

1. The economic benefit at risk during pregnancy will be managed directly by the respective managing entity, without any form of collaboration in the management by the companies.

2. Payment of the allowance shall be made for periods expired.

Article 21. Procedure for the recognition of the right.

1. The procedure for the recognition of the right to the risk allowance during pregnancy shall be initiated at the request of the worker, by means of a request addressed to the Provincial Directorate of the Management Entity of the province in which she has her The interested party. Applications shall be made in the standard models established by the Social Security Administration and shall contain the data and circumstances provided for in Article 70 of Law No 30/1992 of 26 November 1992 on the legal system of Public administrations and the Common Administrative Procedure.

Expressly, applications must contain the date of suspension of the contract of employment by risk during pregnancy, the data relating to the activity performed by the worker concerned, her professional category and function and description of the specific work performed, as well as the specific risk that it presents for pregnancy.

2. The application must be accompanied by the following documents:

(a) Medical report of the physician of the National Institute of Health or the Public Service of Health equivalent, as well as medical certification issued by the medical services of the corresponding managing body or Accidents at work and occupational diseases in the field of social security, covering the provision of temporary incapacity, arising from common contingencies, in which the situation of pregnancy is established and the conditions of the workplace developed by the worker negatively influence their health and/or the fetus.

Where medical certification, in accordance with the terms laid down in the second provision, has been issued by the medical services of the relevant managing body, the application shall not be accompanied by the documents referred to in the preceding paragraph.

b) Statement by the company on the non-existence of jobs compatible with the state of the worker, with the report on this particular issue issued by the company's own prevention service provided it counts with the preventive specialty of health surveillance, by the specialized entity that develops for the company, on the basis of the corresponding concert, the functions corresponding to the services of prevention other in terms of the surveillance of the health, or the person responsible for prevention, designated by the undertaking, with the qualification or Sufficient accreditation for this task.

The statement must also reflect the date on which the worker has suspended the employment relationship, as well as the amount of the worker's contribution base, corresponding to the month before the start of the worker's suspension. employment contract, or for the previous three months, in the case of part-time contracts.

(c) Statement by the family home responsible for the non-existence of a worker's status compatible with the worker's status, in the case of persons who are integrated into the Special Regime of Household Employees.

3. In the light of the documentation submitted and once all the conditions required for access to the subsidy have been verified, the Director of the respective management authority shall give the express decision and notify it within 30 days of the date of order recognition of the right to economic benefit at risk during pregnancy.

4. Where there are contradictions in the declarations and certifications submitted with the application, or if there are indications of possible connivance in obtaining the benefit, the Provincial Directorate of the Management Entity may request a report from the Labour and Social Security Inspectorate, in order to indicate their conformity or their discrepancy in relation to the measures taken by the undertaking, which may determine the right to the risk allowance during pregnancy. The request for a report shall be accompanied by the documentation submitted.

The report shall be issued within 15 days, after which the provincial director of the managing authority may issue the relevant resolution without taking into account the report.

SECTION 2. RULES APPLICABLE TO SELF-EMPLOYED WORKERS

Article 22. Protected status.

1. For the purposes of the economic benefit at risk during pregnancy, it is considered to be a protected situation where the pregnant worker is found during the period of interruption of the professional activity in the cases where the worker is pregnant. performance of the same has a negative influence on the health of the pregnant worker or the fetus, and is certified by the medical services of the corresponding managing body.

2. In accordance with the above paragraph, it is not considered a protected situation arising from risks or pathologies which may have a negative impact on the health of the worker or the foetus, where it is not related to agents, procedures or working conditions of the activity performed.

Article 23. Beneficiaries.

1. The benefit of the allowance shall be paid by self-employed workers who have interrupted their professional activity by risk during pregnancy, provided that, while they are affiliated and are in the upper part of any of the Social Security Regulations, they are entitled to the minimum contribution period of one hundred and eighty days, within five years immediately prior to the date on which the certificate is issued by the medical services of the relevant managing body referred to in Article 28 of this Royal Decree.

On the same terms, workers integrated into the Special Regime of Household Employees, when they do not provide their services for a home with exclusive character, will be beneficiaries of the subsidy. responsible for the obligation to list.

2. Both for self-employed workers included in the various Special Regiments, and for female workers belonging to the Special Regime of household employees who are responsible for the obligation to list, will be a requirement. It is essential for the recognition and payment of the benefit to be given to the current in the payment of the social security contributions. Without prejudice to the foregoing, the mechanism of the invitation to payment provided for in Article 28 (2) of Decree 2530/1970 of 20 August 2001 on the special arrangements for workers on behalf of the European Union shall apply, where appropriate. self or self-employed, both female workers belonging to the latter, as well as female workers belonging to the Special Regime of household employees who are responsible for the obligation to list.

Article 24. Economic benefit.

The economic benefit at risk during pregnancy shall consist of a subsidy equal to 75 per 100 of the corresponding regulatory basis.

For these purposes, the regulatory basis shall be equivalent to that established for the provision of temporary incapacity, arising from common contingencies, taking as a reference the date on which the certificate of the medical services of the relevant managing body.

Article 25. Birth, duration and extinction of the right.

1. The right to the allowance is born on the day following that in which the medical certificate is issued by the medical services of the relevant managing body, although the economic effects will not be produced until the date of the effective cessation of the activity. professional.

2. The allowance shall be paid during the period necessary for the protection of the health or safety of the worker and/or the unborn child, while the inability to resume their professional activity remains impossible.

3. Entitlement to the allowance shall be extinguished by:

(a) Start of the maternity break period.

b) Resumption of the professional activity performed by the working woman.

c) Causing low in the Special Social Security Regime in which the worker was included.

d) Death of the beneficiary.

Article 26. Refusal, cancellation and suspension of the right.

The right to the allowance may be refused, cancelled or suspended, in accordance with the provisions of the temporary disability allowance in Article 132 (1) of the recast text of the General Law on Security Social, approved by Royal Legislative Decree 1/1994, of June 20:

(a) Where the beneficiary has acted fraudulently to obtain or maintain the subsidy.

(b) When carrying out any work or activity either on his own account or on behalf of others, initiated after the birth of the right to the allowance, incompatible with his state.

Article 27. Management of the economic performance.

1. The economic benefit at risk during pregnancy shall be managed directly by the respective managing body.

2. Payment of the allowance shall be made for periods expired.

Article 28. Procedure for the recognition of the right.

1. The procedure for the recognition of the right to the subsidy shall be initiated at the request of the worker, by means of a request addressed to the Provincial Directorate of the managing authority of the province in which the person concerned has her address. Applications shall be made in the standard models established by the Social Security Administration and shall contain the data and circumstances provided for in Article 70 of Law No 30/1992 of 26 November 1992 on the legal system of Public administrations and the Common Administrative Procedure.

Expressly, applications must contain the data relating to the professional activity carried out by the worker concerned, description of the specific work he is carrying out, as well as the specific risk he presents for the pregnancy.

2. The application must be accompanied by the following documents:

(a) The report of the physician of the National Institute of Health or the Public Service of Health equivalent, which assists the worker. Such a report must prove the situation of pregnancy and that the conditions of the work or professional activity carried out have a negative impact on the health of the pregnant worker and/or that of the foetus.

The report will consist of one original and two copies. The original will be delivered to the worker, a copy will be processed to the Health Services Inspectorate of the National Health Institute or equivalent organ of the corresponding Public Health Service and the other will be in the power of the optional.

b) Statement of the worker on the activity developed, as well as on the absence of a job or function in such an activity compatible with her state that can be carried out by that, in her condition as a worker self-employed, or as a household employee.

When the self-employed worker provides services in cooperative societies or labor or commercial companies, such a declaration must be made by the administrator of the company.

(c) Accreditation of the quotation with the receipts of the payment of the fees, where they are necessary to credit the minimum contribution period, to determine the amount of the benefit or the situation of being current in the payment of the quotas.

3. From the worker's declaration, as well as from the report of the doctor of the National Institute of Health or the Public Service of Health equivalent, it will be transferred to the medical services of the Provincial Direction of the managing body in order to ensure that the conditions of the activity performed have a negative impact on the health of the worker and/or the fetus. The issue of such certificates shall be of preferential treatment.

4. If the certificate of the medical services of the Provincial Directorate of the corresponding managing body is favourable to the cessation of the activity and is concerned of workers included in the Special Regime of self-employed or self-employed persons, Before the decision is made, they shall be required to present a declaration of the status of the activity, including the person who directly manages, as long as there is a risk during pregnancy, the commercial, industrial or other than those of which the holder or, where applicable, the temporary or permanent cessation of the activity.

5. In the light of the documentation submitted and once all the conditions required for access to the subsidy have been verified, the Director of the respective management authority shall make an express decision and notify it within 30 days of the order recognition of the right to economic benefit at risk during pregnancy.

6. Where there are contradictions in the declarations and certifications submitted with the application, or where there are indications of actions aimed at unduly obtaining the benefit, the Provincial Directorate of the Management Entity may request report to the Labour and Social Security Inspectorate, in order to indicate their conformity or their discrepancy in relation to the measures taken by the worker, who can determine the right to the risk allowance during pregnancy. The request for a report shall be accompanied by the documentation submitted.

The report shall be issued within 15 days, after which the provincial director of the managing authority may issue the relevant resolution without taking into account the report.

SECTION 3. NORMASCOMUNEASALWORKERS FOR HIRE AND SELF-EMPLOYMENT

Article 29. Situations of multi-activity.

In cases where the worker simultaneously performs activities included in various Social Security System Regulations:

(a) Where the risk situation during pregnancy affects all the activities performed, it shall be entitled to the allowance in each of the Regimenes if it meets the requirements of each of them independently.

(b) Where the risk situation during pregnancy affects one or more of the activities carried out by the worker, but not all, she shall be entitled to the allowance only in the scheme in which the workers are included. activities in which such a risk exists.

The receipt of the allowance will be compatible with the maintenance of those activities that you have already been carrying out or may begin to perform and do not involve risk during pregnancy.

Additional disposition first. Suspension of the contract for part-time maternity work.

1. In accordance with the sixth subparagraph of Article 48 (4) of the Law on the Statute of Workers, recast text adopted by Royal Legislative Decree 1/1995 of 24 March, the periods of rest for maternity, adoption or (a) a temporary or permanent reception, as referred to in that paragraph, may be enjoyed on a full-time or part-time basis, in the terms covered by this Royal Decree and in accordance with, where appropriate, the collective agreements.

2. In order for maternity leave to be enjoyed on a part-time basis, the prior agreement between the employer and the worker concerned is essential.

The agreement may be concluded at the beginning of the rest period and at a later time and may extend to or part of the rest period, without prejudice to the provisions of subparagraph (a). next.

3. The part-time enjoyment of maternity leave will be in accordance with the following rules:

(a) This right may be exercised both by the mother and by the father and in any of the alleged simultaneous or successive enjoyment of the rest period.

In the case of childbirth, the mother will not be able to use this mode of leave during the immediate six weeks after the birth, which will be mandatory rest.

(b) The period during which the permit is granted shall be extended proportionally on the basis of the working day to be carried out.

c) The enjoyment of the permission in this mode will be uninterrupted. Once agreed, only the arrangements agreed between the employer and the worker concerned may be modified, on the initiative of the employer and due to causes related to his or her health.

(d) During the period of enjoyment of part-time maternity leave, workers shall not be allowed to perform overtime, except for those necessary to prevent or repair accidents and other extraordinary and urgent damage.

4. The time in which the worker provides services partially will have the consideration of effective working time, keeping the employment relationship suspended for the remaining time.

The rules laid down for the part-time contract in Article 12 of the Workers ' Statute and its implementing rules will not apply to this assumption.

5. Maternity leave on a part-time basis shall be incompatible with the simultaneous enjoyment by the same worker of the rights provided for in Article 37 (4) and (4) of the Staff Regulations and the reduction of working hours by a worker. legal provisions referred to in paragraph 5 of the same Article. It shall also be incompatible with the exercise of the right to leave for the care of family members governed by Article 46 (3) of that Law.

Additional provision second. Medical certification on the existence of risk during pregnancy of female workers.

1. Medical certification that the conditions of the workplace may have a negative impact on the health of the worker and/or the fetus, as provided for in Article 26 of Law 31/1995 of 8 November, on the Prevention of Risks Labour, shall be issued by the medical services of the corresponding managing body or Mutual of Occupational Accidents and Occupational Diseases of the Social Security to which the company is associated, for the purposes of the economic performance of the temporary incapacity, arising from common contingencies.

In the Provincial Directorates of the National Institute of Social Security, where the Medical Services are not available, the aforementioned medical certification, as well as the one provided for in Article 28 of this Royal Decree, will be issued by the Health Services Inspectorate of the National Health Institute or equivalent body of the Autonomous Communities which have taken over the transfers in health matters.

2. When the certification corresponds to the medical services of the corresponding Provincial Direction of the corresponding management entity, it will be a prerequisite to the report of the doctor of the National Institute of Health or the Public Health Service equivalent, which assists the worker, in which the pregnancy situation of the worker is expressed, and that the conditions of the post of employment may have a negative impact on the health of the worker or the fetus.

The worker will present the aforementioned report to the Provincial Directorate of the managing body, corresponding to her address, accompanying the company's statement of the tasks carried out by the person concerned. the undertaking, as well as that the position of employment is not within the risk-free jobs, for the purposes of pregnancy, in accordance with the terms laid down in Article 26 (2) of Law 31/1995 of 8 November 1995, Prevention of Occupational Risks.

Workers integrated into the Special Regime of Home Employees shall accompany the declaration of the family household responsible, as referred to in paragraph 2 (c) of Article 21.

The medical services of the indicated Provincial Direction will proceed to issue a certificate, in which it is established that the conditions of the job have a negative influence on the health of the pregnant worker or the fetus and which, as a result, should have a different job or function and compatible with its state.

The issue of this certificate shall be of preferential treatment and shall consist of an original and two copies. The original and a copy to the company or, where appropriate, the person responsible for the family household shall be delivered to the worker, the other copy being held by the medical service.

3. If the medical certification of the risk at work is carried out by the medical services of the Mutua, in accordance with the terms set out in paragraph 1, the report of the doctor of the National Institute of Health shall be a prerequisite. or the Public Service of Health equivalent, which assists the worker, in which the pregnancy situation of the worker is expressed, as well as that the conditions of the position of employment may have a negative effect on the worker the health of the pregnant worker or the foetus.

The medical report of the National Institute of Health or the Public Health Service equivalent will be delivered by the interested party, together with the company's statement indicated in the previous section, before the Mutua with which the the employer is covered by the provision of temporary incapacity, as a result of common contingencies, in order to ensure that the medical services of the undertaking issue a certificate, in which the conditions of the work place influence negatively on the health of the pregnant worker or the foetus and who, consequently, should to perform a different job or function and compatible with its state.

Medical certification, which will be given preferential treatment, will consist of one original and three copies.

The original and two copies will be delivered to the worker, one for the company and one for the corresponding managing entity, the third copy being held by the medical service.

4. In the field of application of the Special Regime for seafarers, in the Directorates Provincial in which the Social Institute of the Navy does not have its own Medical Services, the medical certification provided for in Articles 21 and 28 of the This Royal Decree shall be issued by the Medical Services of the National Social Security Institute or, where appropriate and in accordance with paragraph 1 of this provision, by the Inspection of the Health Services of the Institute National of the Health or equivalent organ of the Autonomous Communities which have assumed the transfers in the health field.

Additional provision third. Situation treated as high in excess of family care.

1. The following situations shall be taken into consideration for the purposes of social security, except in the case of temporary incapacity and maternity, the following situations referred to in Article 46 (3): of the Law of the Workers ' Statute, recast text approved by Royal Decree-Legislative 1/1995, of March 24:

(a) The period of leave of absence for child care, either by nature or by adoption, or in the case of family accommodation, both permanent and pre-adopted, without prejudice to the consideration, as a period of the effects of social security benefits, other than temporary incapacity and maternity benefits, for the first year of such leave.

(b) The period of leave to care for the care of a family member, up to the second degree of consanguinity or affinity, which, for reasons of age, accident or illness, cannot be used by itself, and does not carry out an activity paid.

2. As regards unemployment benefits, the provisions of Article 4 of Law No 4/1995 of 23 March 1995 on the regulation of parental leave and maternity leave shall apply in respect of the situations indicated.

Single transient arrangement. Subsidies in force.

The provisions contained in this Royal Decree, as soon as they are more favourable, shall apply to all maternity and risk allowances during pregnancy which, at the date of entry into force of that, they are being perceived or whose procedure for the recognition of the same has already been initiated.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed as set forth in this Royal Decree and expressly:

(a) Article 2 (2); Articles 6, 7 and 8, and the last paragraph relating to maternity contained in Article 4 of Decree 3158/1966 of 23 December 1966 on the adoption of the general regulation which determines the amount of the economic benefits of the General System of Social Security and conditions for the right to them.

(b) Article 1 (c); Article 2 (3); Article 3 (1) (b); Article 8 (d); Article 9 (3); Section 1.a of Chapter III; Article 18; and forecasts referring to maternity cases, of the Order of 13 October 1967, laying down rules for the application and development of the provision for temporary incapacity for work in the General System of Safety Social.

(c) Article 7 of the Order of 6 April 1983 laying down rules for the control of the situation of temporary incapacity for work in the system of social security, in respect of which it refers in its content to: the cases of maternity.

(d) Article 10 (1) of Royal Decree 2621/1986 of 24 December 1986, comprising the Special Regiments of the Social Security of railway workers, football players, representatives of trade, toreros and artists in the General Regime, as well as the integration of the Regime of book writers into the Special Regime of self-employed or self-employed.

e) The additional provision, sixth, of Royal Decree 1300/1995 of 21 July, for the development, in the field of labour disabilities of the social security system, of Law 42/1994 of 30 December 1994 of fiscal measures, administrative and social order.

(f) Article 32 of the Order of 29 January 2001 for the development of the rules on social security contributions, unemployment, the Guarantee Fund and vocational training, contained in Law 13/2000 of 28 June 2001. December, the General Budget of the State for the year 2001.

Final disposition first. Amendments to Royal Decree 2720/1998 of 18 December 1998 implementing Article 15 of the Staff Regulations of Workers in the field of fixed-term contracts.

One. A new paragraph 3 is added to Article 4 of Royal Decree 2720/1998 of 18 December 1998, with the following wording:

" 3. It shall also be governed by the provisions laid down for the contract of interment to replace a self-employed worker, a working partner or a working partner of a cooperative society in the event of risk during the pregnancy or in periods of rest for maternity, adoption or acceptance, preadoptive or permanent. '

Two. Article 5 (2) (b) of Royal Decree 2720/1998 is amended as follows:

" (b) When the contract is concluded to supplement the reduced working day of workers exercising the rights recognized in Article 37 (4) and (5) of the Workers ' Statute, or in those other cases in that, in accordance with the provisions laid down in law or convention, a temporary reduction in the working time of the replaced worker has been agreed, including the cases in which the workers are entitled to be part time of the maternity leave, adoption or acceptance, pre-adoption or permanent, in accordance with the provisions of the sixth paragraph Article 48 (4) of the Staff Regulations. "

Final disposition second. Amendments to the General Regulation on the Listing and Settlement of Other Rights of the Social Security, adopted by Royal Decree 2064/1995 of 22 December 1995.

One. Duration of the obligation to list.

Article 13 (2) is worded as follows:

" 2. The obligation to list will continue in situations of temporary incapacity, whatever their cause, maternity and risk during pregnancy, as well as in situations of discharge of public duties, performance of union representation, provided that each and others do not give rise to the excess in the work or the cessation of the activity, special agreement, contributory and assistance unemployment, if any, and in those other in which it is established by the present Regulation, Order of 27 October 1992, for which instructions are given in relation to the contribution to the General system of social security for civil servants, including in the field of application of that scheme, during situations of unpaid leave or leave, temporary suspension of duties, compliance with the Military Service or of the replacement social benefit and period of grace for change of destination, and other supplementary provisions, with the same scope as intended. "

Two. Bases for listing in the Special Regime for Coal Mining in certain special situations.

Article 58 (2) is worded as follows:

" 2. In situations of temporary incapacity, maternity and risk during pregnancy, as well as in situations treated as high, in which the obligation to list in this Special Regime, the standard basis of contributions for the Common contingencies shall be the one which corresponds, at any time, to the professional category or specialty which the worker has on the date on which the situations of temporary incapacity, maternity or risk during pregnancy are initiated, or produces the situation treated as high, unless for the specific situation in question it is found to be (a) fixed or another different trading basis is established, in accordance with the provisions of Section 10.a of this Chapter, and in the provisions implementing and supplementing it.

In such situations, the contribution basis for professional contingencies shall be determined in accordance with the rules laid down in the General Regime for the situation in question. "

Three. Contributions to the case of part-time and relief work contracts.

Article 65 (3) is worded as follows:

" 3. During the situations of temporary incapacity, maternity and risk during pregnancy, the daily basis of contribution will be the result of dividing the sums of the bases of quotation credited into the company during the three months immediately prior to the date of the causative event between the number of days actually worked and, therefore, listed in that period.

This basis will be applied exclusively to the days when the worker would have been obliged to provide effective services in the company, not to be in any of the situations mentioned above. "

Four. Contribution during the temporary disability, maternity and risk during pregnancy.

Article 68 is worded as follows:

" Article 68. Contribution during the situations of temporary incapacity, maternity and risk during pregnancy.

1. The obligation to list will continue in the situation of temporary incapacity, whatever its cause, during periods of rest for maternity, adoption and acceptance, as well as in the situation of risk during pregnancy, even if they constitute reason for suspension of an employment relationship.

2. The Ministry of Labour and Social Affairs will dictate the applicable rules for the determination of the bases of contribution for common and professional contingencies during situations of temporary incapacity, maternity and risk during the pregnancy.

3. Except in cases where, by law, the contrary is provided, the basis for listing for common contingencies during situations of temporary incapacity, maternity and risk during pregnancy may not be lower than the basis of the at any time in the scheme in question, at least in force.

4. Where the receipt of the maternity allowance is compatible with the enjoyment of the periods of rest on a part-time basis, the contribution base shall be determined by the following two commands:

(a) The basis of the subsidy, reduced in inverse proportion to the reduction experienced by the working day.

(b) Remuneration subject to quotation, in proportion to the day actually carried out.

For the purposes of contributions for accidents at work and occupational diseases in respect of employed persons, the percentages corresponding to each of the above mentioned shall apply.

5. For the purposes of contributions to accidents at work and occupational diseases in respect of employed persons during the situation of temporary incapacity, maternity and risk during pregnancy, the obliged subjects may apply the percentages corresponding to the heading 126 of the Royal Decree No 2930/1979 of 29 December 1979, whatever the professional category and the activity of the worker.

6. In the case of maternity and risk during pregnancy, the competent management authority shall, at the time of making cash the allowance to be paid to the employed person, deduct from the amount of the allowance amounts to the sum of the contributions of the worker in respect of contributions to social security, unemployment and vocational training, for admission to the General Treasury of Social Security.

In the cases referred to in the preceding paragraph, the employer shall be obliged to enter only the contributions to his office corresponding to the contribution to the Social Security and the other collection concepts which, if necessary, proceed.

7. Where the management of the maternity allowance is entrusted to the National Institute of Employment by the relevant managing body, in the cases where the beneficiary is receiving the unemployment benefit at the time of the start the period of maternity, adoption or family accommodation, of the amount of the allowance shall be deducted from the amount of the contributions to the Social Security by the beneficiary. "

Final disposition third. Amendments to the General Regulation on the Collection of Resources of the Social Security System, approved by Royal Decree 1637/1995 of 6 October.

One. Subject to payment in the Special Regime of Household Employees.

Article 9.1.1.a (c) 1 is worded as follows:

" 1. Employers or heads of household to whom the employees of the household provide their services, exclusively and permanently, must enter their own contributions and those of the household employee, in their entirety. The fees for the month in which the worker passes to the situation of temporary incapacity, risk during pregnancy or maternity, and those of the months in which he or she remains in those situations, in the cases where the person is liable for payment of the (a) is the employee of the household, who must pay them in his or her integrity unless, pursuant to Article 46 (3) of Royal Decree 2064/1995 of 22 December 1995, the general regulation on the levy and (a) the payment of the amount of the month in which the payment was made, make the statement of temporary incapacity, risk during pregnancy or maternity, or leave on the head of the family. "

Two. Deferment and fractionation in the payment of debts for the contributions of self-employed workers in situations of temporary incapacity, risk during pregnancy or maternity.

(a) Article 40 (1) shall be worded as follows:

" 1. The payment of debts to Social Security may be deferred or split, both on a voluntary basis and on an executive basis, upon request by those responsible for payment, where their situation

economic-financial and other concurrent circumstances, appreciated by the General Treasury of Social Security, prevent them from paying their debts.

However, workers included in the field of application of the Special Social Security Scheme for self-employed or self-employed persons, who are in a situation of temporary incapacity, maternity or maternity risk during pregnancy, shall be entitled to deferment and fractionation of the payment of their debts for social security contributions due during such situations, excluding those of the month in which they are initiated, provided that, in addition to to be aware of the payment of such quotas at the date of the application, the General Treasury of Social Security the cessation of the activity and consequent closure of the business. "

(b) Article 42 (1) shall be worded as follows:

" 1. Applications for deferment of the debts referred to in the preceding Article shall be processed and settled by the organs of the General Treasury of Social Security in accordance with the distribution of powers established and, in its In accordance with the allocation agreed by the Director-General of the Treasury, it is not possible.

Applications for deferment in the payment of dues for self-employed or self-employed persons referred to in the second subparagraph of Article 40 (1) of this Regulation shall be referred to, exclusively, in respect of quotas payable from the date of entry into force of this Regulation and shall be made after the first month of the first month of absence in the work resulting from the situation of temporary incapacity, risk during pregnancy or maternity. "

(c) Article 42 (3) (a) shall be worded as follows:

" (a) The decision granting the deferral shall determine the time limits and other conditions of the deferral, and may fix them other than those requested, but the expiry of the time limits shall always coincide with the last day of the month.

In any event, in the case of deferrals in the payment of dues for own or self-employed persons, as referred to in the second subparagraph of Article 40 (1) of this Regulation, they shall be settled by proportional and periodic form within the maximum period of one year from the date on which the worker is discharged in the situation of temporary incapacity, with or without a declaration of permanent incapacity; or the date of extinction of the the risk situation during pregnancy without the start of the maternity leave period; or the date of termination of the period of maternity leave; or, finding in such situations, from the date of resumption of the activity, by moving to use the paid service of another person.

For such purposes, the worker shall communicate to the General Treasury of Social Security the date of the discharge, of the extinction of the risk situations during pregnancy or maternity or of the resumption of the The Commission shall, within 15 days of the date on which the activities have taken place, take place. ' Fourth final disposition. Amendments to 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.

The first subparagraph of Article 29 (2) is worded as follows:

" 2. By way of derogation from paragraph 1 above, employed persons and persons treated as persons in the field of application of the rules of the social security system shall be considered, in full, in a situation of high unemployment. (a) for the purposes of accidents at work and occupational diseases and unemployment, even if the employer has failed to fulfil his obligations. The same rule applies to the exclusive effects of health care by common sickness, maternity, risk during pregnancy and non-work accident. "

Final disposition fifth. Enabling for regulatory development.

The Ministers of Labour and Social Affairs and Health and Consumer Affairs are empowered to dictate how many provisions of a general nature are necessary for the implementation and development of this Royal Decree.

Final disposition sixth. 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 to 16 November 2001.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

JUAN CARLOS APARICIO PÉREZ