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Royal Decree 84/1996, Of January 26, Which Approves The General Regulation On Registration Of Companies And Affiliation, High, Low, And Variations Of Workers In Social Security Data.

Original Language Title: Real Decreto 84/1996, de 26 de enero, por el que se aprueba el Reglamento General sobre inscripción de empresas y afiliación, altas, bajas y variaciones de datos de trabajadores en la Seguridad Social.

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TEXT

Royal Decree 1258/1987 of 11 September, which regulates the registration of companies and the affiliation, ups, downs and variations of workers in the social security system, was intended to strengthen the principles of rationalization and efficiency in the management of these functions of Social Security by the General Treasury of the same, facilitating their administrative action and allowing the comprehensive treatment of the corresponding data, not only for the (a) statistical holdings of the system but also for the appropriate information to and to obtain them for the same benefits as the system itself establishes.

More, on the one hand, said Royal Decree has not yet entered into force and, on the other hand, subsequent to its publication there have been important legislative modifications that have an impact on the normative content of it, such as the Real Legislative Decree 2/1995 of 7 April, which approves the recast of the Law on Labour Procedure, the article 145 of which affects the revision of the acts of registration, affiliation, ups, downs and variations of data, the Organic Law 5/1992, October 29, Regulation of Automated Treatment of Personal Data, and, in special, Law 30/1992, of 26 November, of a Legal Regime of Public Administrations and of the Common Administrative Procedure, applicable to the acts of management of the General Treasury of Social Security in such matters, except in concerning the challenge and revision of their own office, which are governed by the provisions of the Law of Labour Procedure, as well as Law 30/1995 of 8 November of the Management and Supervision of Private Insurance, the provision of which Additional 12th gives new wording to the 11th additional provision of the recast text of the Law General of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June, in respect of the formalization of the coverage of the economic benefit due to temporary incapacity.

Therefore, in order to complete the regulation of the social security management area attributed to the General Treasury of the same, it is appropriate to revise that Royal Decree 1258/1987, and to unify in a single normative text, the rules currently in force on the aforementioned registration of companies, affiliation, high and low workers and variations of data of some and others, contained in the aforementioned recast text of the General Law of Security Social policy of 20 June 1994, as well as various Decrees and other rules for the development of texts recast of 23 July 1971, for which the Special Agrarian Regime is regulated, and 30 August 1974, for which the Special Regime for the Social Security of the Workers of the Sea is regulated, including those of Royal Decree 2110/1994 of 28 October, amending certain aspects of the regulation of the Special Regiments of Social Security of Workers for the Account of Own or Autonomous, Agrarian and Home Employees, adapting, in addition, all of them to the Laws (a) the following and, in particular, Law No 30/1992 of 26 November.

In this sense, it has been considered preferable to regulate in new regulatory text all these matters rather than to go for partial reforms of the regulatory provisions of these matters.

On the other hand, this new unitary regulation of registration, affiliation, ups, downs and variations of data is used to introduce certain and concrete regulatory modifications to the effect, in some cases repeated case-law criteria and by the social demand itself and, in others, to achieve the improvement and improvement of the management of the General Treasury of Social Security in the performance of the functions entrusted to it

Thus, in relation to workers ' casualties, new criteria and for the whole system are regulated when the latter is not applied for, or is formulated out of time, in a model or a different way from the established or practice of trade. In the Special Regime of Workers for Own or Autonomous Account, the new regulation of the high requested is developed outside the regulatory deadline. In the interests of greater efficiency and improvement in the management of these subjects, the "Social Security number" is implemented for each citizen and the support of the respective identification document is improved, for the purposes of its relations with the Social security as an affiliate and/or discharge in any of the System's Regiments or as a beneficiary of pensions or other benefits thereof.

Finally, this Regulation should be inserted in the context of the implementation of the "Plan of Action for the Modernization of Social Security Management" of the Ministry of Labour and Social Security, which, and within the Regulation and systematization of regulations, it proposes the elaboration of General Regulations and, among them, the reference to the registration of enterprises and affiliation, high, low and variations of data of workers in the Social Security.

By virtue of the provisions of Article 5 and the seventh final provision of the recast text of the General Law on Social Security adopted by the Royal Legislative Decree 1/1994 of 20 June, on a proposal from the Minister of Labour and Social Security, with the approval of the Minister for Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of 26 January 1996,

D I S P O N G O:

Single item.

The General Regulation on Business Registration and Membership, High, Low and Variations of Workers ' Data in Social Security is approved, the text of which is inserted below.

Single repeal provision.

1. The following provisions are hereby repealed:

1. Chapter III of Decree 2346/1969 of 25 September, regulating the Special Regime of Social Security of the Domestic Service, as well as Article 14 thereof, in the wording given by the Royal Decree 2110/1994, dated October 28.

2. Chapter III of Decree 2530/1970, of 20 August, which regulates the Special Regime of Social Security of Workers for the Account of Own or Self-Employed, as well as Articles 13 and 28.3 (a) thereof, in the wording given by Royal Decree 2110/1994 of 28 October 1994.

3. Chapter III and Articles 69 and 70 of Decree 3772/1972 of 23 December 1972 on the General Regulation of the Special Agrarian System of Social Security.

4. Chapter III of Decree 1867/1970 of 9 July 1970, on the approval of the General Regulation of Law 116/1969 of 30 December on the Special Regime of the Social Security of Workers Mar.

5. Royal Decree 225/1989, of March 3, on conditions of incorporation into the Social Security system of the working partners of the Working Cooperatives.

6. Royal Decree 2110/1994 of 28 October amending certain aspects of the regulation of the Special Regiments of the Social Security of Workers for the Account of Own or Autonomous, Agrarian and Employees Household, except for Article 3.

7. Chapters II and IV of the Order of 28 December 1966 laying down rules for the application and development of the field of application, membership, listing and collection of voluntary periods in the General System of Social Security.

8. Section II and IV of the Order of 24 September 1970, for which rules for the application and development of the Special Regime for the Social Security of Workers for the Account of Own or Self-Employed are dictated.

2. The final provision of Royal Decree 1258/1987 of 11 September, governing the registration of companies and the affiliation, high, low and variations of workers in the social security system, published in the 'Official State Gazette' of 13 October 1987, does not take effect from the entry into force of the Bulletin as its rules have been incorporated into those of this Royal Decree.

3. Likewise, all provisions of equal or lower rank which are contrary to the provisions of the General Regulation which are hereby approved shall be repealed.

Single end disposition.

This Royal Decree and the General Regulation it approves shall enter into force on the first day of the month following that of its publication in the "Official State Gazette".

Given in Madrid to January 26, 1996.

JOHN CARLOS R.

The Minister of Labour and Social Security,

JOSE ANTONIO GRINAN MARTINEZ

GENERAL REGULATION ON REGISTRATION OF COMPANIES AND AFFILIATION, UPS, DOWNS AND VARIATIONS OF WORKER DATA IN SOCIAL SECURITY

INDEX

Title I

Preliminary Rules

Single Chapter

Scope and delimitation of functions

Article 1. Scope of application.

Article 2. Functions of the Ministry of Labor and Social Security.

Article 3. Functions attributed to the General Treasury of Social Security.

Article 4. Organic competition: general rules.

Title II

Enrollment, affiliation, ups, downs, and variations

Chapter I

General rules

Article 5. Compulsory registration and other communications of the employer.

Article 6. Membership of the Social Security system.

Article 7. The High in the Social Security System Regiments.

Article 8. Pre-discharge option for worker partners of worker cooperatives.

Article 9. General effects of the due and undue affiliations.

Chapter II

Enrollment of entrepreneurs

Article 10. Concept of employer in Social Security.

Article 11. Enrollment requests and data modification communications.

Article 12. Processing and resolution of applications for registration, the option of coverage and other communications of the employer.

Article 13. Practice of enrollment.

Article 14. Formalisation of the association document and the coverage of the economic benefit due to temporary incapacity.

Article 15. General effects of the registration and the formalization of the coverage of professional contingencies and the economic performance due to temporary incapacity.

Article 16. Register of Employers.

Article 17. Communication of data variations.

Article 18. Extinction of the company and cessation of activity.

Article 19. Succession in the entitlement or in the activity.

Article 20. Officio performance.

Chapter III

Social Security number, identification document and employee affiliation. General rules

Article 21. Number of Social Security.

Article 22. Document identifying situations in Social Security.

Article 23. Ways to promote Social Security membership.

Article 24. Membership at the employer's request.

Article 25. Membership at the worker's instance.

Article 26. Trade affiliation.

Article 27. Place and time to apply for membership.

Article 28. Variation of affiliation data.

Chapter IV

High, low, and worker data variations. General rules

Article 29. Ways to promote workers ' ups and downs.

Article 30. High and low requests.

Article 31. Documentation to demonstrate professionalism and other requirements for high, low, and data variations.

Article 32. Form, place, and deadline for requests for high, low, and data variations.

Chapter V

Recognition of the right to affiliation, ups and downs and effects of them

Article 33. Recognition of the right.

Article 34. Membership effects: registration, number and membership documents.

Article 35. Special effects of workers ' ups and downs.

Article 36. Situations treated as high.

Article 37. Effects of worker data variations.

Chapter VI

Peculiarities in enrollment, affiliation, ups, downs, and variations

Article 38. Concerning the use of electronic, computer or telematic means.

Article 39. Regarding the practice of registration, affiliation, high, low and variations presented in Provincial Direction or Administration other than that of the domicile.

Article 40. Concerning the family members of the employer and the self-employed person and the members of collective societies and the collective partners of the communities as well as those of certain cooperative societies.

Article 41. Of the multi-activity, multi-employment and pre-inclusion option in various regimes.

Article 42. Of the affiliation and high of the foreigners.

Article 43. Of certain collectives integrated in the General Regime or in the Special Systems.

Article 44. Of the members of the Governments and Parliaments of the Autonomous Communities included in a Special Regime.

Article 45. In the Special Agrarian Regime: the census, affiliation, ups and downs.

Article 46. Particularities relating to certain workers of the Special Agrarian Regime as regards protection against certain contingencies.

Article 47. In the Special Workers ' Regime for Own or Autonomous Account.

Article 48. In the Special Regime of the Sea Workers

Article 49. In the Special Regime of Home Employees.

Article 50. In the Special Regime for Coal Mining.

Title III

Documentation, review, and impeachments

Chapter I

Book of Matriculation, Data Conservation and Right to Information

Article 51. Book of Matriculation.

Article 52. Data retention and documentation systems. Effects.

Article 53. Data reservation, right to information and protection of automated personal data.

Chapter II

Control and Review

Article 54. Control powers.

Article 55. Review powers: limits. Error rectification.

Article 56. Trade review procedure.

Chapter III

Effects of undue acts

Article 57. Effects of undue registration of the employer.

Article 58. Effects of undue formalisations of protection and charges in the protection of professional contingencies or temporary disability coverage.

Article 59. Effects of improper affiliations.

Article 60. Effects of high indue.

Article 61. Effects of undue casualties.

Article 62. Effects of undue data variation.

Chapter IV

Impeachments

Article 63. Rule of thumb.

Additional disposition first. Dates of enforceability and availability of the Social Security number and the identification document. Agreements on the issue of the document.

Additional provision second. Collaboration of the Social Institute of the Navy in the management of the subjects of the Regulation with respect to the workers of the sea.

Additional provision third. Special School Insurance Regulation. Obligation on schools to facilitate the provision of student relations.

Additional provision fourth. Special regulation of the effects of high indue, in respect of unemployment, vocational training and the Wage Guarantee Fund.

Additional provision fifth. Enabling the implementation, modification and completion of modelling for the implementation of the Regulation.

Additional provision sixth. Agreements on the allocation of Social Security number.

First transient disposition. Option for the coverage of companies subject to the provisions of Article 204.2 of the General Law on Social Security of 30 May 1974.

Second transient disposition. Temporary exclusions of previous membership and high-level. Transitional provision third. Dates of application of the high delays in the Special Regime of Autonomous Workers and of the ups and downs in that Regime and in that of the Employees of the Home.

Single end disposition. Implementing and development standards.

TITLE I

Preliminary Rules

ONLY CHAPTER

Scope and delimitation of functions

Article 1. Scope of application.

This Regulation applies to the registration of companies, the opening of quotation accounts and the affiliation, high, low and variations of persons included in the field of application of the security system. Social, in its contributory mode.

This Regulation will not apply to the Special Regiments of Social Security of Civil Servants of the State, Armed Forces and Officials at the Service of the Administration of Justice, which will be governed by its rules. specific.

Article 2. Functions of the Ministry of Labor and Social Security.

In relation to the matters covered by this Regulation, the following functions are the responsibility of the Ministry of Labour and Social Security:

1. The proposal and implementation of the Government's general guidelines on these matters.

2. To lay down the rules for implementing and implementing this Regulation and to propose to the Government for approval of the General Regulations on the matter.

3. The management and control of the functions corresponding to the General Treasury of the Social Security as well as the impulse and direction of the legal order of the same, interpreting the provisions in general relevant to the Social Security system.

4. How many other functions are legally or regulatively attributed to them.

Article 3. Functions attributed to the General Treasury of Social Security.

1. The General Treasury of Social Security is responsible for the functions of management, formulation of proposals to the Ministry of Labour and Social Security, and, in general, direct execution and control of the management in order to the registration of companies, the opening of the contribution accounts, the formalisation of the cover for the protection against the contingencies of accidents at work and occupational diseases under the terms laid down in this Regulation and the taking of the the extinction of the companies and the implementation of the affiliation, high and low of the workers or assimilated, variations of nail and other data and allocation of the number of Social Security to citizens.

The provisions of the foregoing paragraph are without prejudice to the role of undertakings and other persons responsible and to workers and beneficiaries in respect of matters governed by the provisions of this Article. Regulation, which is exercised through the Inspection of Labor and Social Security, which will also issue the reports that, in relation to the functions attributed to the General Treasury of Social Security, are requested by it.

2. The General Treasury of Social Security shall maintain adequate coordination with the Social Security Management Entities and the National Employment Institute in the exercise of the functions that correspond to the General Treasury in accordance with the provisions of this Regulation. (a) the provisions of this Regulation shall affect the management or functions assigned to those entities, without prejudice to the relations with other public administrations and the coordination of powers between the respective administrative bodies in the (a) the terms laid down in Articles 4 and 18 of Law No 30/1992 of 26 November 1992 Legal framework for public administrations and the common administrative procedure, and other implementing and development provisions.

Article 4. Organic competition: general rules.

1. The functions attributed to the General Treasury of Social Security by this Regulation shall be exercised throughout the State within the central organs of the same and at the provincial level, under the authority of the respective Provincial Director. of the General Treasury of Social Security, by the management bodies of each Provincial Directorate, including the Administrations of the same, in accordance with the geographical and functional distribution established.

2. Where the organ of the General Treasury of Social Security which is to exercise the functions assigned to it is not specified, it shall be understood to correspond to the lower bodies responsible for the matter and the territory and, multiple exist, to the common hierarchical top.

3. The exercise of the functions of the respective powers of the central and territorial organs of the General Treasury of Social Security, the delegation of them, the assessment of certain matters, the the management, the delegation of signature, the supply of the holders of those administrative bodies, the coordination of powers, the communication between them, the decisions on competition and the direction of the activities of the (a) a hierarchy of the laws of the Member States; shall be governed by the provisions of Chapter I of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure and other supplementary provisions.

TITLE II

Enrollment, affiliation, ups, downs, and variations

CHAPTER I

General rules

Article 5. Compulsory registration and other communications of the employer.

1. The employers, as a prerequisite and indispensable to the initiation of their activities, must ask the General Treasury of Social Security for their registration in the corresponding System of the Social Security System in the form that determines in Article 11 of this Regulation.

2. In the act of making the application for registration, the employer must include the managing body or the partner in which he chooses both for the protection of the contingencies of occupational accidents and occupational diseases and for the coverage of the economic benefit due to temporary incapacity arising from common contingencies, in respect of the employees employed, for the purposes set out in Articles 14 and following of this Regulation.

3. Employers must also communicate to the General Treasury of Social Security the performance of activities other than those declared when applying for the initial registration, the data of the employees of the company they present The Ministry of Labour and the Ministry of Labour and Social Security shall be responsible for the provision of information to the Ministry of Labour and Social

.

Article 6. Membership of the Social Security system.

1. Through the administrative act of affiliation, the General Treasury of Social Security recognizes the condition of the social security system, with the effects established in the Law, to the natural person who, for the first time, performs a the determining activity of their inclusion in the scope of the inclusion.

1. The affiliation to the social security system, for the purposes of the rights and obligations in its contributory modality, is compulsory for all persons in the field of application of the social security system, corresponding to the compliance with the obligation to apply for it and to provide the data required for the purpose or to carry it on its own initiative, respectively, to the persons and entities or services identified in Articles 23 et seq. of this Regulation.

2. The affiliation is unique and general for all the Regimenes that make up the system even if the persons included, by reason of their activity, change from one to another Regime of the same.

3. The affiliation extends to the entire life of people in the system application field.

4. The affiliation is also exclusive, without the same activity being carried out on an equal footing as may be compulsorily included in another or other mandatory provision of foresight, in accordance with the provisions of the Article 8 of the General Law on Social Security.

2. Membership of the Social Security system, in itself or in conjunction with other requirements or budgets, shall constitute a legal title for the acquisition of rights and the birth of obligations and shall condition the application of the rules governing the system.

Article 7. The High in the Social Security System Regiments.

1. By the administrative act of discharge, the General Treasury of Social Security recognizes the person, who initiates an activity or is in a situation connected with it, his condition of understanding in the field of application of the Social security to be carried out according to the nature of such activity or situation, with the corresponding rights and obligations.

2. The discharge in any of the Social Security Regulations is mandatory for persons included in the Social Security system in their contributory mode.

3. Compliance with the obligation to apply for discharge or to practise it on its own initiative, in any event determining the Conditions of employment of the person concerned, corresponds to the persons, entities or services which are determined in accordance with Article 1 (1) of Regulation (EU) No Articles 29 et seq. of this Regulation and shall be carried out in the form and conditions laid down therein.

4. Where a person simultaneously exercises different activities or the same activity, but under conditions or in different forms which may be included in different schemes of the social security system or in the same system on a per account basis of more than one person, their framing will be multiple, constituting the situations of pluriactivity and pluriemployment respectively.

1. For the purposes of this Regulation, the situation of the self-employed and/or employed person whose activities lead to their compulsory discharge in two or more schemes other than the system of the system shall be considered to be multi-activity. Social Security.

2. For the same purposes, the situation of the employed person who provides his professional services to two or more other companies and in activities which lead to his/her discharge in the same scheme shall be understood as a pluriemployment. Social Security.

5. Only one of the various schemes of the social security system may be chosen for their discharge in one of them, in cases where such an option is expressly recognised, with the scope and under the conditions laid down in the rule which lays down it.

Article 8. Pre-discharge option for worker partners of worker cooperatives.

1. The worker members of the worker cooperatives, after option of the cooperative, shall be discharged, as assimilated to employed persons or as self-employed workers of the Social Security, in the General or Special Regime which, by reason of the activity of those, corresponds.

The prior option of the associated worker cooperative must be reached by all of the worker's partners and be exercised in their statutes.

2. Once the option referred to in the previous paragraph has been produced, it may only be modified by the procedure and with the following requirements:

1. º The new option must be done through the corresponding modification of the cooperative's statutes.

2. The new option should also affect all cooperative workers.

3. A period of five years after the date of the previous option has been set to elapse.

3. Where the worker's cooperative has opted for the assimilation of its workers ' members to self-employed persons included in the Special Regime corresponding to the activity of the cooperative, the cooperative shall be jointly and severally liable for the obligation to quote those.

4. Once the option has been made, the worker members of the associated worker cooperatives will be discharged into the Social Security Regime corresponding to the activity of the cooperative, giving them application in their integrity the rules (a) the rules governing the registration, where applicable, as well as in order to the affiliation, ups, downs and variations of data of the workers, in the same terms and conditions as those applicable to the common of the collectives which are part of the application field of that Regime.

In any case, the initiation of the worker's personal work of the cooperative worker will be the one that determines the birth of the relations of affiliation and high according to the norms of the Social Security Regime. in which such partners are covered.

Article 9. General effects of the due and undue affiliations.

1. Provided that the general and specific requirements laid down, membership of the social security system and the high level of the corresponding system have been met, they shall produce the rights and obligations which, for such situations, are established in the General Law on Social Security and in the rules governing the various regimes thereof, as well as in this Regulation and in the other supplementary provisions.

2. Membership and discharge that are undue will produce the effects set out in Articles 59 and 60 of this Regulation.

CHAPTER II

Enrollment of entrepreneurs

Article 10. Concept of employer in Social Security.

For the purposes of this Regulation, it is considered to be an employer, even if its activity is not motivated by profit, to any natural or legal person, public or private, to which they provide their services, with the consideration of of employed or assimilated workers, persons in the field of application of any scheme of which the system of social security is integrated.

They expressly have the character of employers, in respect of the employed or assimilated workers specified, the following persons or entities:

1. In the General System of Social Security:

1. Regarding the professional athletes, the club or sports entity with whom those are subject to the special employment relationship regulated by Royal Decree 1006/1985, of June 26, or the organizer of shows public that maintain a common working relationship with them.

2. The artists ' respect, whether they are subject to a common working relationship or to the special artists in public shows regulated in Royal Decree 1435/1985, of August 1, is an entrepreneur the organizer of the public spectacles and, where appropriate, musical houses and entities carrying out recording or editing activities involving such workers.

3. Regarding the Taurian professionals, the organizer, be this natural or legal person, in relation to the shows of this character in which those are involved.

4. For the clergy of the Catholic Church, the Diocese and the Supradicoian organisms are considered by businessmen; and, when they are included in the field of application of the General Regime of Social Security, for the ministers of worship of Churches belonging to the Federation of Evangelical Religious Entities of Spain, the respective Church, for the ministers of worship of the Communities belonging to the Federation of Israeli Communities of Spain, the Community concerned, and for Islamic religious leaders and imams of the Islamic Communities in Spain, the respective Islamic Community.

5. For Spanish staff hired at the service of the Spanish Administration abroad referred to in Royal Decree 2234/1981, of August 20, will have the consideration of the employer for all the purposes of the Department ministerial, agency or agency of which the person receives his assets.

2. In the Special Agrarian Regime, an employer shall be deemed to have employed persons employed in the agricultural work determined in the rules governing the field of application of that scheme, with the character of the owner, tenant, aparzero or other similar concept.

3. In the Special Regime of Home Employees, the owner of the family household or head of household referred to in Article 4 of Decree 2346/1969 of 25 September shall be considered an employer.

4. The Special Regime for the Workers of the Sea shall be regarded as an employer for the vessel, owner or owner of maritime-fishing facilities, including shipowners of small vessels referred to in Article 3 (1) of the Treaty. Decree 1867/1970 of 9 July 1970 on the other workers in their vessel.

5. In the scheme in which the working partners of cooperatives, including those working in association whose statutes have been chosen to assimilate their working partners to employed persons, are included in the scheme, they shall correspond to the cooperative. the obligations which are attributed to the employer in the field of social security.

Article 11. Enrollment requests and data modification communications.

1. The application for registration of the employer shall contain:

1. The name of the person concerned and, where applicable, the person representing him, as well as the identification of the preferred means and the place to be indicated for the purposes of notifications.

2. The data relating to the name, address and business of the company and whether or not it needs to be assigned to it various price codes as well as those necessary for the management of the system of the Social Security.

3. Place and date of the enrollment request.

4. The applicant's signature or accreditation of the authenticity of its will expressed by any means.

5. The entity, center, or administrative unit to which it is directed.

2. The application for registration shall be accompanied by the following documentation:

1. Where the employer is a natural person, national identity document or, if it is a foreign, passport or document that replaces or photocopies them.

2. Where the employer is a legal person, in addition to the identification of the natural person who formulates the application for registration and the legal title under which he makes it, the status of the employer shall be credited. by writing or certifying the corresponding register, if it is a company which, in accordance with the law, requires registration; book of minutes, in the case of communities of owners; certificate of the Ministry of Justice and home affairs or the competent body of the respective Autonomous Community, in the case of associations or any other similar document, depending on the nature and activity of the legal person concerned or, failing that, the relationship of the members of the community or the persons who are members of the entity without personality, by expressing their name, address and national identity card of each of them. The identification card established by Decree 2423/1975 of 25 September shall also be presented.

3. In any case, in the application for registration or in declarations annexed to it, the employer, when he or she is separately aware of the protection by professional contingencies or the coverage of the economic benefit temporary incapacity arising from common contingencies, shall consist of the managing or contributing entity for which it opts for the coverage of such contingencies as well as the economic activity of the undertaking and how much data is required for the formalisation of the partnership or coverage document by the General Treasury of Social Security or by the corresponding Mutual in the terms set out in the following Articles of this Regulation.

3. Applications for registration and communications of the obligations referred to in the previous paragraph shall be made in the model and, where appropriate, by the specific system established for that purpose. Such models shall be made available to the public in the administrative offices of the General Treasury of Social Security and, where appropriate, of the managing bodies or partners thereof.

4. If applications for registration, communications or declarations for the protection of accidents at work and occupational diseases or for the coverage of economic benefit due to temporary incapacity arising from contingencies If the information referred to in this Article is not collected, it shall be required for the person who has submitted the information so that, within 10 days, the necessary documents are subsane to the missing or accompanied, indicating that, if he does not do so, he shall be by withdrawal of its request and the action taken shall be carried out on its own initiative; in any case, notifying the Labour and Social Security Inspectorate of the relevant effects.

Article 12. Processing and resolution of applications for registration, the option of coverage and other communications of the employer.

1. The application for registration of the employer and the declaration containing the option for protection against professional contingencies and for the coverage of the economic benefit due to temporary incapacity arising from common contingencies as the other communications referred to in Article 5 (3) of this Regulation shall be addressed to the Provincial Directorate of the General Treasury of Social Security or Administration thereof in whose territorial scope the address, without prejudice to the possibility of submitting them also in the registers of other Directorates Provincial and Administrations or Dependencies of the General Treasury of Social Security as well as in the Records and Offices referred to in Article 38 (4) of Law 30/1992, of November 26.

1. When these requests, option statements and other communications are presented in other provinces of the General Treasury of Social Security or Administrations and Dependencies of the same, in the Records of other Administrations, in the post offices or in the diplomatic representations or consular posts of Spain abroad, the unit or office to which they were presented shall transmit such documentation on the same day or the following working person to the Provincial Directorate of the General Treasury of Social Security or Administration of the same as it is competent for processing in accordance with the provisions of paragraph 2 of this Article.

2. Of the applications for registration, communications and other documentation submitted by the interested parties, they may require the corresponding supporting document or receipt to prove the date of filing, admitting as such a a copy on which the date of submission is entered by the receiving office.

2. The processing and resolution of the applications and other communications of the employer shall be carried out by the Provincial Directorate of the General Treasury of Social Security or by the Administration of Social Security in whose territorial scope the domicile of the employer, without prejudice to the provisions of Article 39 of this Regulation.

3. For the purposes of this Article, the term 'domicile' of the employer shall be understood, unless otherwise communicated or tested, the determined, for the purposes of the management of the revenue, in the General Rules of Collection of the System of the Social Security.

Article 13. Practice of enrollment.

1. The registration of the employer shall be carried out in the act of lodging the application. If the person concerned does not meet the required requirements or the documents referred to in Article 11 have not been submitted, the person concerned shall be required to remedy the absence or accompany the documents in accordance with the Article within a period of 10 days. 71.1 of Law No 30/1992 of 26 November 1992, without the need for a request for new reports or for a hearing, where other facts, arguments or evidence, which were adduced by the Commission, are not to be taken into account for the purposes of registration. employer.

2. If the Provincial Directorate of the General Treasury of the Social Security or Administration of the same one who is required to practice the registration does not have for certain the facts adduced by the employer or the nature and circumstances of the application registration will be required, a probationary period shall be opened in the terms and conditions laid down in Articles 80 and 81 of Law 30/1992 of 26 November.

If it is deemed necessary for the registration of certain reports, they will be requested and evacuated in accordance with the provisions of Articles 82 and 83 of Law 30/1992 of 26 November.

Completion of the instruction of the registration procedure and immediately before it is carried out, the actions to the interested parties or, where appropriate, their representatives in the terms established in the Article 84 of that Law 30/1992.

3. By means of the administrative act of registration, the General Treasury will assign to the employer a unique registration number for its individualization in the respective System of the Social Security System, which will be considered the first and main code of account, shall in principle be referred to the company's domicile and shall be linked to all other contribution accounts which may be assigned to it in the same or different province, with the effects specified in paragraph 1. 1 of Article 15 of this Regulation.

In addition to the main listing account code, the General Treasury of Social Security may assign to the employer other numbers or codes of quotation accounts for the purposes of the control of the same or any other the management purpose attributed to that General Treasury.

The employer to whom several quotation accounts are attributed, at any time after registration and with the respective Provincial Directorate of the General Treasury of Social Security, may designate any of the As the principal account of your company's headquarters.

4. The employer shall be given the appropriate supporting evidence of the registration in the respective Social Security Scheme, stating the registration number assigned to it and, where appropriate, the other numbers or codes of account of the quotation, warning you of the right of you to formulate the impugations that proceed.

5. The General Treasury of Social Security shall take account of the registration numbers, quotation and control codes or similar codes in the Register of Employers which shall be carried by the same.

Article 14. Formalisation of the association document and the coverage of the economic benefit due to temporary incapacity.

1. At the time of application for registration, the managing body or the partner for which the employer has chosen, in accordance with the rules applicable in the matter, shall be entered in the application for registration or in the declaration annexed to it. for the protection against the contingencies of occupational accidents and occupational diseases of workers to their service as for the coverage of the economic benefit due to temporary incapacity arising from common contingencies in respect of those same workers.

2. Where the employer has opted for protection against professional contingencies and for the coverage of the economic benefit due to temporary incapacity arising from contingencies common to a managing body, the Provincial Directorate of the General Treasury of the Social Security or Administration of the same one who carries out the registration of the employer shall also formalize the document for the protection of such contingencies by that managing body.

When the employer has opted for protection by professional contingencies as well as for the coverage of the economic benefit due to temporary incapacity due to contingencies common to the same Mutual in the terms and with the scope provided for in Article 69 of the Regulation on the Partnership of the Mutual Insurance and Occupational Diseases of Social Security, approved by Royal Decree 1993/1995 of 7 December 1995, the formalisation of the document of association and, where appropriate, of the exercise of the option of coverage annexed to it shall be carried out by that contributing entity in accordance with Articles 62 and 70 of that Partnership Regulation respectively.

3. For the formalisation of the association or coverage document, the following actions shall be carried out:

1. The Provincial Directorate of the General Treasury of Social Security or the Administration of the same competent authority shall verify that the employer has made the option or options in favour of the managing or contributing entity which has submitted the declaration or declarations on the economic activity of the undertaking and other data referred to in Article 11 (2.3) of this Regulation.

2. No. If the option or options for the formalization of protection against occupational risks and, where applicable, for the coverage of the economic benefit due to temporary incapacity arising from common contingencies is carried out in favour of a Social Security management entity, the Provincial Directorate of the General Treasury of Social Security or the Administration of Social Security shall practice the tariff corresponding to the work or work declared by the employer, assigning the corresponding headings of the premium rate for the levy to the Social security for occupational accidents and occupational diseases in force and shall send a copy of the completed document, in which they shall contain the assigned headings, to the employer, warning him of the right of his/her to formulate against the Data included in the relevant previous claim.

A copy of that document shall also be sent to the managing body for which the employer has opted.

3. If the option or options of the employer had been in favour of a Mutual of Occupational Accidents and Occupational Diseases, the Provincial Directorate of the General Treasury of Social Security or the Administration of the shall forward to the Mutual a copy of the application for registration or, where appropriate, of the declaration or declarations annexed to it referred to in Article 11 (2.3) of this Regulation, indicating the registration number assigned to the person concerned and, where appropriate, of the other contribution codes, so that the Mutual Fund, where appropriate, formalizes the an association document in accordance with Article 62 of the said Mutual Mutual Partnership Regulation and making the charge for the work or work declared by the employer by assigning the appropriate heading.

Once completed by the Mutua, it shall forward to the employer a copy of the association document and, where appropriate, of the cover document annexed, in accordance with the terms set out in paragraph 3.2. Provincial address of the General Treasury or the Administration of the General Treasury, within 15 days of its receipt and with an indication of the corresponding contribution code.

4. The formalised association and cover documents shall have effect from the day of initiation of the activity, unless the application for registration of the employer is lodged with the Treasury after the beginning of the activity, in where the initial date of effect of those documents shall be that of the day of filing.

1. The formalized documents shall remain in force for the period of one year, and shall, in any event, be the same as the last day of the month and shall be automatically extended, unless otherwise stated, by periods of equal duration in the terms laid down in Articles 62 and 69 of the said Rules of Mutual Cooperation or, where appropriate, until the end of the undertaking in its activity if this is the case before, provided that the undertaking has a minimum duration of five working days.

2. The employer may make new options in the terms set out in this Article for the resumption of his business, when the same occurs after the end of the period of inactivity referred to in paragraph 1. above, without requiring the formulation and processing of new option if the employer maintained the coverage with the same managing or contributing entity.

Article 15. General effects of the registration and the formalization of the coverage of professional contingencies and the economic performance due to temporary incapacity.

1. The registration of the employer shall be unique and valid in the case of the social security system which is determined for the entire territory of the State and for the entire life of the natural or legal person who holds the undertaking.

The registration shall identify the employer and the circumstances in which he or she is present for the purposes of the inclusion of workers and those who are treated as services to the employer in the Social Security Scheme or corresponds, with the rights and obligations that the same establishes.

2. The formalisation of occupational accidents and occupational diseases and of the coverage of the economic benefit due to temporary incapacity determines the responsibility of the managing body or partner who has assumed the protection for the benefits arising from such contingencies, provided that the contribution obligations and other general and particular requirements are met in order to be entitled to them under the terms laid down in Article 41 of the General Law on Social Security.

The infringement of the provisions of Articles 5 and 14 of this Regulation, because it has not established the protection of its personnel or part of it in respect of the contingencies of accidents of work and occupational diseases, in addition of the responsibilities of any order to which there is a place, it shall determine that the fees due are payable in favour of the General Treasury of the Social Security.

3. The provisions of the preceding numbers are without prejudice to the specific effects set out in Chapter V of this Title and Chapter III of the following Title.

Article 16. Register of Employers.

1. The Register of Employers shall be carried out by the General Treasury of Social Security and shall be the same as the employers referred to in Article 10, who employ employed or equivalent workers in the following areas: Social Security Schemes:

1. General Regime.

2. º Special Agrarian Regime.

3. º Special Regime of the Sea Workers

4. The Special Regime of Coal Mining.

5. The Special Regime of Home Employees, but not included in this Register are the employers on whose behalf the employees of the household are provided with a partial or discontinuous nature.

2. The Register of Employers shall also include data relating to the educational establishments in which students are enrolled in the field of application of the School Insurance.

3. The Register of Employers shall consist of the data necessary for the development of the management of the Social Security System and shall produce the effects set out in this Regulation.

Article 17. Communication of data variations.

1. The communication of variations in the data recorded in the formulation of the application for registration or in the communications referred to in Article 5 (3) of this Regulation shall be compulsory for employers in the following cases:

1. The name of the natural person or the name of the legal person previously entered.

2. Change of the employer's legal address.

3. The change of the entity covering the contingencies of occupational accidents and diseases and, where appropriate, the economic benefit due to temporary incapacity.

4. When, having been hired or subcontracted for the performance of works or services, the entrepreneurs subcontract, in turn, the total or partial execution of the same with other entrepreneurs, those who communicate such subcontracting to the initiation and completion of the execution of the work or the provision of services.

5. "Change of economic activity" and, in general, any other variation affecting the data declared prior to the registration of the company and the opening of quotation accounts.

2. The communication of variations shall be directed to the Provincial Directorate of the General Treasury of Social Security or Administration thereof in the province in which the registration was made, and may be filed in any of the offices or records referred to in Article 38.4 of Law No 30/1992 of 26 November 1992 and shall be made in the official model within the period of six calendar days from the date on which they are produced, except in the case referred to in paragraph 1. 1.3. above, in which case the document or statement of evidence of the new option and communication of the eesc of the former shall be submitted at an advance of ten calendar days to its effectiveness, indicating the new entity by which it has opted for the protection of professional contingencies and, where appropriate, the economic performance by temporary incapacity, within the limits laid down in Article 14 (4) of this Regulation.

Article 18. Extinction of the company and cessation of activity.

1. Employers shall communicate the termination of the undertaking or the temporary or permanent cessation of their business to the Provincial Directorate of the General Treasury of Social Security or Administration thereof in the province in which its registration, in official form and within six calendar days following the date on which one or the other occurs. Such communications may also be presented in the places specified in Article 38.4 of Law No 30/1992 of 26 November for the purposes of Article 12 (1.1) of this Regulation.

The termination or termination of the employer's termination must be accompanied, where appropriate, by the workers ' parties to the service and shall give rise to the appropriate reason, in the Register of Employers, of the extinction or cessation of registration of the same.

2. The employer or, where appropriate, the listing account of the employer, in respect of which the discharge of all its employees has been communicated without bringing to the attention of the Provincial Directorate of the General Treasury of the Social Security or Administration of the same the extinction of the company or the cessation in the activity. After 12 months without demonstrating their continuity, the file shall be opened ex officio so that, on the basis of the duly justified employer's arguments or the other facts credited to it, the decision to be taken shall be adopted. the termination or termination of the business, the business or the business or the listing account of the undertaking.

3. If the provision of work continues, the communications of the termination of the undertaking or the cessation of the activity, on its own, shall not give rise to the definitive reason for the termination of the company's registration or to the termination of the termination of the undertaking in question. the Register of Employers, nor shall they produce the extinction of the obligations and responsibilities of the employer with the Social Security, even if such termination or termination has been taken to the Register of Employers.

Article 19. Succession in the entitlement or in the activity.

1. The succession in the ownership of the undertaking or in the activity of its centre or work centres shall give rise to the fact that, in the Register of Employers and in the same registration as the name of the holder or the previous activity, the the termination of the undertaking or the cessation of the business of the employer, as well as a new entry and entry in the name of the new holder, if the new holder is not already registered, or only a new entry, if the new holder is already registered as employer.

2. The registration and entry referred to in the preceding paragraph shall be requested within six calendar days following the date on which the succession takes place, by means of the documentation referred to in Article 11 of the This Regulation.

Article 20. Officio performance.

1. Where, by means of the data obtained by the General Treasury of Social Security, by the data existing in the managing entities of the same or as a result of the action of the Labour and Social Security Inspectorate or by any other procedure, The General Treasury shall be aware of the failure to comply with the obligations laid down in the preceding articles by the employer, the latter shall proceed with its own initiative to carry out the corresponding actions for the registration of the enterprise, the formalization of protection against professional contingencies or for the takes the circumstances referred to in Article 5 (3) of this Regulation into account and shall give the employer his action for the purposes of this Regulation.

2. In the cases of extinction of the company or permanent cessation of the company in its activity without being communicated by those obliged to it to the Provincial Directorate of the General Treasury of Social Security or Administration of the same and without a cure the absence of the workers in discharge, said Provincial Directorate or Administration must proceed ex officio to take reason in the Register of Entrepreneurs of the extinction of the company, of the cessation in the activity and the absence of the workers, previous individual communication to the persons concerned or, if the address is not known, after notification in the 'Official Gazette' of the Autonomous Community or of the province and the Town Hall where the undertaking is situated or where the centre of work is situated, in the form and with the requirements laid down in general in Articles 58 to 61 of the Law 30/1992, of 26 November.

3. The actions and annotations referred to in the preceding paragraphs shall have effect from the day on which the action has been carried out or the data or documents proving the extinction, the cessation or the termination of the proceedings have been received. of the workers. However, the parties concerned may demonstrate that such events have taken place on another date, from which they shall have the effect, in the case of casualties as referred to in Article 35 (2) of this Regulation.

CHAPTER III

Social Security Number, Identification and Workers ' Membership Document: General Standards

Article 21. Number of Social Security.

1. The General Treasury of Social Security shall assign a number of the Social Security to each citizen for the identification of the Social Security in its relations with the Social Security as an affiliate and in high in any of the System's as a self-employed person or as an employed or equivalent employee to one or the other.

In addition, the General Treasury of Social Security will assign the number of Social Security to beneficiaries of pensions or other benefits of the system, both in its contributory and non-contributory modality.

The reservation, information and protection of the Social Security number shall be governed by the provisions of Article 53 of this Regulation. 2. The citizen who does not have a Social Security number shall request it from the Directorates Provincial of the General Treasury or of the Administrations of the same with a character prior to the application of their affiliation and discharge or to the application of any provision or service of the managing or collaborating entities of the Social Security or of the National Institute of Employment, exhibiting or accompanying their national identity document or, if is foreign, the corresponding identification document.

3. When applying for membership and discharge, employers in respect of employed persons, such workers, where appropriate, and self-employed persons must indicate the number of social security, as well as the other information (a) the person employed in this Regulation and, where appropriate, by the Ministry of Labour and Social Security and who the employed person must supply to the employer prior to his service, if he does not Previously, they will be noted.

Article 22. Document identifying situations in Social Security.

1. The General Treasury of Social Security shall provide each affiliate, pensioner and beneficiary with the document identifying the same in the social security system, in which the Social Security number of the holder and the other person shall necessarily be recorded. data relating to the management of the same shall be determined by the Ministry of Labour and Social Security, which shall establish the other conditions for its issue.

2. The aforementioned identification documents of the Social Security will be valid to accredit the data of the Social Security figured in these documents, to all the managing entities and common services of the Social Security, as well as to the other public administrations and entities governed by public law with their own legal personality linked to or dependent on any of such Administrations.

Article 23. Ways to promote Social Security membership.

Membership of Social Security may be made at the request of employers, at the request of the workers or of their trade by the General Treasury of Social Security and shall be carried out on the terms and conditions laid down in this chapter and, where appropriate, in Chapter VI of this Title.

Article 24. Membership at the employer's request.

1. Employers are required to apply for membership of the Social Security system from those who are not affiliated with them, in the terms and conditions of this chapter.

2. The application for membership shall be made in the official model or by any other system established, provided the national identity document of the person to be affiliated, the document declaring equivalent or photocopies of the the number of the Social Security and, where applicable, the documentation determined in the cases referred to in Chapter VI of this Title.

The application for membership of the social security system shall involve the application of the initial discharge in the scheme of the same corresponding, the data being provided and, if applicable, the documents provided for in Articles 30 and This Regulation.

3. Applications for membership not made in the official model or by the established system, as well as those made without accompanying the documentation referred to in this Article, shall give rise to the following in accordance with the terms laid down in this Article. Article 31 (2) and shall determine the applicability, where appropriate, of the provisions of Article 26 of this Regulation.

Article 25. Membership at the worker's instance.

1. Selfemployed persons or persons who are assimilated in the field of application of the social security system who are active as such and are not already affiliated shall be obliged to apply for membership of the same in the Form, place and time-limits set out in this Chapter, without prejudice to the particularities provided for in Chapter VI of this Title.

2. Employed or assimilated workers, whose employer does not fulfil the obligations imposed on him by the previous article, may directly apply for their membership and initial discharge to the Provincial Directorate of the General Treasury of Security Social or Administration of the same, at any time after the finding of non-compliance with its obligations in this respect by the employer.

The Provincial Directorate of the General Treasury of Social Security or Administration of Social Security shall give an account of the requests referred to in this paragraph to the Labour and Social Security Inspectorate for the purpose of the checks and any other effects.

Article 26. Trade affiliation.

1. Membership may be made on its own initiative by the Provincial Directorates of the General Treasury of Social Security or Administrations of the Social Security Office when, as a result of the work of the Labour and Social Security Inspectorate, the in the case of the management bodies and the common services of social security or any other procedure, the failure to comply with the obligation to apply for membership by the workers or employers to which it falls is established. obligation.

2. Where the membership of the office is not a consequence of the work of the Labour and Social Security Inspectorate, the Provincial Directorate of the General Treasury of Social Security or Administration of Social Security shall give an account to the checks and any other effects.

Article 27. Place and time to apply for membership.

1. The application for membership, on behalf of each worker, shall be addressed to the Provincial Directorate of the General Treasury of Social Security or Administration thereof in the province in which the undertaking in which it provides services is domiciled. an employed or assimilated worker or in which the establishment of the self-employed worker or, failing that, in which the self-employed person is domiciled.

1. The application for membership may also be filed and the documentation to accompany it in another Provincial Directorate of the General Treasury or Social Security Administration or in the places provided for in paragraph 4 Article 38 of Law No 30/1992 of 26 November 1992, in which case the unit or office to which it was presented shall transmit them on the same day or the following working day to the Provincial Directorate or Administration of the General Treasury of Security Social competent to practise membership in accordance with Article 33 (1) of this Article Regulation.

2. The employer, the worker or, where applicable, who has filed the application for membership may require the relevant supporting evidence, in the terms of Article 32 (5) of this Regulation.

2. Applications for membership must be made by the persons who are required prior to the initiation of the provision of services of the employed person or the activity of the self-employed person on the same terms, means and assumptions that are foreseen for the initial ups in Articles 32, 38 and 43 of this Regulation.

Article 28. Variation of affiliation data.

1. The information provided when the affiliation is practised which, by any circumstance, shall be subject to variation shall be communicated by the employer and, where appropriate, by the worker concerned to any Provincial Directorate of the General Treasury of the Social security or administration of the same, within six calendar days following the one in which the variation occurs and by the official models or by the established system to the effect.

If the data variation communications are presented in the other places provided for in Article 38.4 of Law 30/1992, of 26 November, the provisions of paragraph 1.1. of the previous article shall be provided.

2. The data variation communication must be signed by the worker, with the documentation to be accompanied by the certificate for its effects.

3. Failure to comply with the obligations referred to in the preceding paragraphs, the Provincial Directorate of the General Treasury or Administration thereof shall give an account to the Inspection of Work and Social Security for the purposes.

CHAPTER IV

High, low, and worker data variations. General rules

Article 29. Ways to promote workers ' ups and downs.

1. The high and low workers in the Social Security System that correspond will be requested in the name of each worker and will be promoted to the General Treasury of Social Security in any of the forms foreseen for the affiliation in Article 23 of this Regulation.

1. Regardless of the obligation to apply for membership of the Social Security system of workers who are not members of the Social Security system and who have to enter or enter their service, the employers shall be obliged to communicate the initiation or, as the case may be, the cessation of the provision of services of workers in their undertaking to be given, respectively, of discharge or of discharge in the scheme in which they are included in the light of the activity of that undertaking, conditions set out in this Regulation.

Likewise, when the worker is transferred to a work center of the same employer located in different province, the low in the province of origin and the high in the destination must be promoted. The lower and the high level of workers who, even within the same province, would have changed from a work centre with a different contribution code or when, for whatever reason, their attachment to an account, should also be promoted. of different quotation.

2. In the event of non-compliance by employers with the obligations referred to in the previous paragraph, employees may directly request from the General Treasury of Social Security their discharge or their discharge. low, as appropriate, in the framing regime.

Self-employed or self-employed persons, in addition to applying for membership, shall also be required to report directly the initiation or cessation of their activities, for the purposes of the high and low levels of such workers in the which are included.

3. The failure to comply with the obligations to communicate the entry or termination of the workers by the undertakings or, where appropriate, of the obliged workers shall give rise to the fact that their high or low level may be carried out on their own initiative. the Provincial Directorate of the General Treasury of Social Security or Administration of the same competent authority, as provided for in Articles 26 and 33 of this Regulation.

2. By way of derogation from paragraph 1 above, employed persons and persons treated as persons in the field of application of the social security system shall be considered, in full, to be 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 and non-occupational accidents.

The remaining contingencies will be in accordance with the provisions of Article 125 (4) of the General Law on Social Security.

The provisions of the above two paragraphs are without prejudice to the obligation of employers to apply for the discharge of their employees in the Conditions of Employment in accordance with the provisions of this Article and in the the following and the business responsibilities to which there is a place.

3. For the purpose of promoting the high and low level of workers, the initiation of the probationary period shall be considered as initiation of the provision of services and shall not be considered as a cessation, for the purpose of causing the corresponding discharge, the temporary incapacity or those other than those treated as high in which the obligation to make contributions by the employer is maintained.

Article 30. High and low requests.

1. The communication of initiation of the provision of services or of the activity or of the cessation of the service in the official models of discharge or discharge, or of the systems specially established for that purpose, shall involve the application as a rule of law. high or low in Social Security.

2. The discharge application shall contain the data relating to the exercise of its activity which provides complete information to the managing bodies and the General Treasury of Social Security and in particular the following:

1. In the documents for the discharge of the employed persons, they shall be, in respect of the employer, his name or social name, the code of account of the contribution and the applicable social security scheme, and in respect of the worker, his/her the name, the number of the Social Security and, as long as it is not enforceable, the number of members of the Social Security Party, as well as that of the national identity card or equivalent, domicile, date of initiation of the activity, group of quotation, special conditions of the same and the heading in which it is understood the effects of accidents at work and occupational diseases.

2. The document for the discharge of self-employed persons, in addition to the data referred to in the previous paragraph relating to the employed person, shall contain those relating to his or her professional activity, which is the seat of the worker, if it is different from the address of the holder, the Social Security Scheme the inclusion of which is sought and, where appropriate, those relating to the characteristics of the contribution and protective action.

3. In the case of applications or special procedures for the reduction of workers, in addition to the worker's identification data, including the number of Social Security, the date of the discharge and the cause of the worker shall be recorded and, in the case of a worker, Member of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council

the European Parliament

4. Applications for discharge and the discharge of workers must be signed by the employer or, where appropriate, by the self-employed person.

Applications for discharge by the employed person must be signed in any case by the worker.

When the ups and downs are implemented by technical means, whatever their support, they will enjoy the validity and effectiveness of the applications submitted through documents, provided that their authenticity, integrity and integrity are guaranteed and, where appropriate, the receipt by the Provincial Directorates of the General Treasury of Social Security and by the persons concerned, in the terms determined by the Ministry of Labour and Social Security.

5. The data referred to in paragraphs 2, 3 and 4 above, which are already included in the worker's identification document referred to in Article 22 of this Regulation, may be credited for the purposes of applications for discharge or discharge in respect of Social by means of the single presentation of that document.

Article 31. Documentation to demonstrate professionalism and other requirements for high, low, and data variations.

1. The persons required to apply for the high, low and other variations of data in the field of application of any of the Regulations of the Social Security System shall, as appropriate, prove the provision of services, the professional exercise of the activity and the concurrency of the other requirements and circumstances determining the inclusion in the scheme in question, which have ceased to meet those requirements or, where appropriate, that the variations have occurred which the documents or reports to which they are requested to be submitted to the members of the by the General Treasury of Social Security, provided they are not in possession of it and are necessary for the purposes indicated.

Applications for discharge, discharge or variation of data shall be accompanied, where appropriate, by the documents expressly provided for in Articles 40 and following of this Regulation and other implementing provisions.

2. If applications for discharge and discharge do not meet the requirements laid down or the documentation required by this Regulation and other supplementary provisions are to be accompanied, it shall be required for those who have submitted them so that within 10 days (a) the absence or accompanying of the required documents, indicating that, if it does not do so, it shall be given the withdrawal of its request and the action taken shall be taken on its own initiative, notifying the Labour and Social Security Inspectorate; for the relevant purposes.

3. In any event, the Provincial Directorates of the General Treasury of Social Security or the Administrations of Social Security may apply to the Labour and Social Security Inspectorate and, where appropriate, to the other Administrations in the established in Article 4 of Law No 30/1992 of 26 November 1992, the precise reports on the concurrency of the facts and other circumstances determining the high, low or variation applied for or applied.

Article 32. Form, place, and deadline for requests for high, low, and data variations.

1. The initiation of the provision of services to the undertaking or the termination of the service by the employed and the initiation or cessation of the activity carried out by the self-employed persons shall necessarily be communicated by means of the corresponding official application models, accompanied by the documents established for the purpose in Articles 30, 31 and 40 and following of this Regulation, or by the special procedures laid down for that purpose.

2. Applications for the discharge of workers, either alone, in the case of successive high-ups, or in conjunction with applications for membership, in the case of initial high-ups, shall be addressed to the Provincial Directorate of the General Treasury. of the Social Security or Administrations of the same in the province in which the undertaking to which the worker provides his services is domiciled or assimilated or in which the establishment or, failing that, has its registered office the self-employed person.

Applications for the decline and variations of workers ' data shall be directed to the Provincial Directorate of the General Treasury of Social Security or Administration of the same in that they have been discharged.

If requests for high, low or variations of data are filed in another Provincial Directorate of the General Treasury of Social Security or Administration of the same or in the places provided for in Article 38.4 of the Law On 26 November 1992, the provisions of Article 27 (1), paragraph 1.1. and, where appropriate, Article 39 of this Regulation, shall be as follows.

3. Applications for high, low and variations of workers ' data shall be made within the following time limits:

1. High applications must be submitted by the persons who are required to do so prior to the beginning of the service provision by the worker, without in any case being able to be before the sixty calendar days. prior to the intended for initiation of the same.

In exceptional cases where such initiation could not be foreseen in advance, if the day or days prior to the same are not in business or if the provision of services is initiated in also indeft hours, (a) to be sent, before the start of the provision of services, by telegram, fax or any other electronic, computer or telematic means, the documents for the initial or successive discharge duly completed or, if this is not possible (a) by not disposing of the regulatory models, they shall be referred to the Commission, such means or any other electronic, computer or telematic procedure, the data determined by the Ministry of Labour and Social Security.

The provisions of the foregoing paragraphs are without prejudice to the provisions of Articles 43 et seq. of this Regulation.

In any event, where the employer does not comply in time with his or her obligation to discharge his or her workers or assimilated persons, they, without prejudice to the responsibilities in which the employer may incur, may apply directly to the employer. any time after the finding of such non-compliance. In these cases, the Provincial Directorate of the General Treasury or Administration thereof shall give an account of these requests to the Labour and Social Security Inspectorate for the purpose of the checks and effects which they carry out.

2. The applications for low and change of data of the workers must be submitted within the six calendar days following the end of the job or the one in which the variation takes place.

3. The General Treasury of Social Security may exceptionally authorize the filing of applications for high, low and variances of workers ' data on other deadlines than those laid down in the paragraphs 3.1. and 3.2. previous to those companies which duly justify the difficulty of complying with them.

The authorisations granted may be revoked if it is apparent that they cause harm to the workers in order to their entitlement to benefits or the fulfilment of the obligations of the employees is made difficult. responsible for the payment in the field of Social Security or the management and control of the collection process of the General Treasury of Social Security.

4. Variations in the data relating to workers provided in the discharge applications, in all cases not provided for in the preceding number, shall be governed by the provisions of Article 28 of this Regulation.

5. Applications for high, low and communications for variations of data, as well as for the documentation submitted by the interested parties, may require a copy of the same in the terms of Articles 35 (c) and 70.3 of Law 30/1992, of 26 of November.

CHAPTER V

Recognition of the right to affiliation, ups and downs and effects of them

Article 33. Recognition of the right.

1. It is competent to recognize the right to affiliation, to the discharge or to the reduction in Social Security the Provincial Directorate of the General Treasury of Social Security or the Administration of Social Security in the province in which the " (a) the price of the employer to which the employed person provides services or in which he or she radiates the establishment of the self-employed person or, failing that, in which the worker has his domicile, without prejudice to the specific characteristics of the worker; provided for in Article 39 of this Regulation.

2. The right to affiliation, to the discharge and to the reduction in the Social Security shall be recognized by the Provincial Directorate of the General Treasury of Social Security or Administration of the same competent, once the relevant operations of verification, in the act of submission of the application. If the application does not meet the requirements or is not accompanied by the documents referred to in Articles 24 and 31, the provisions of Article 71.1 of Law No 30/1992 of 26 November 1992 shall apply. In the event that facts, arguments or evidence other than those claimed by the applicants appear or are to be taken into account, the same procedure as laid down for the registration of the employer in paragraph 1 shall be followed for recognition. 2 of Article 13 of this Regulation.

Where the rejection of membership, discharge or discharge, the Provincial Directorate of the General Treasury of Social Security or the Administration of the same competent authority shall adopt a reasoned decision, with succinct reference to facts and grounds of law and to the form and time limit laid down for their challenge.

Article 34. Membership effects: registration, number and membership documents.

1. The affiliation of workers and persons treated as such shall be registered in the same general file of affiliation, which shall include all those included in the field of application of the social security system. The Registry shall be in charge of the General Treasury of Social Security and shall contain the data and the organization necessary to develop the management of the Social Security system.

2. For the purposes of their affiliation to the social security system, each worker shall be assigned the same number of social security, which shall be of a lifetime and valid for the entire territory of the State and shall be recorded in the Register to which he is refers to the previous section.

In the case of self-employed or self-employed persons, the listing account code must match the number of the Social Security or, failing that, the number of Social Security affiliation assigned to it. that worker.

3. The recognition of the status of a member of the Social Security, in addition to the effects which the high level of the social security system is determined in paragraph 1 of the following article, shall be entitled to obtain the document of affiliation to the Social Security, which shall be issued and, where appropriate, renewed by the Provincial Directorate of the General Treasury of Social Security or Administration of the same competent authority. This document shall contain, in addition to the Social Security number, the data determined by the Ministry of Labour and Social Security and shall preferably certify the status of the member who has been recognized.

4. The General Treasury of Social Security shall provide each worker who is affiliated with the membership document or, in replacement of it, the identification document in the Social Security referred to in Article 22 of this Regulation.

Article 35. Special effects of workers ' ups and downs.

1. The recognition of the worker's discharge determines the status of the worker in the Social Security System that corresponds to his or her business, with the rights and obligations inherent in that situation according to the rules governing the scheme in which the scheme is covered.

1. In all cases, the discharge of which applications have been made prior to the provision of services shall only have effects, in order to the rights and obligations inherent in that situation of discharge, to from the day the activity starts.

High, whose applications have been submitted prior to the initiation of the provision of services under the terms of Article 32 (3.1) of this Regulation, shall not have an effect where the (a) he or she has communicated the non-initiation of the provision of the worker's services to which it relates earlier than the day indicated for such initiation by the means or procedures used to request such a prior discharge.

High requested by the employer or, where appropriate, by the worker outside the terms laid down shall have effect only from the day on which the application is made, unless there has been an entry of quotas in time (a) a regulatory framework, in which case the discharge shall be rolled back to the date on which the first quotas for the worker concerned have been entered.

Defective applications shall have effects, in accordance with the preceding paragraphs, when the omitted and required data or documents are remedied within ten days.

2. The High Practice of the Office of the Provincial Directorates of the General Treasury of the Social Security or the Administrations of the same shall take back their effects to the date on which the facts that have been motivated known by some or other.

If the discharge is carried out by the aforementioned Provincial Directorates or Administrations as a result of the action of the Labour and Social Security Inspectorate, the effects of the discharge shall be rolled back to the the date on which such action was taken, except where it was promoted by a higher order, at the request of the managing body or as a result of a complaint, complaint or express request, in which case the effects are roll back to the date on which the top order or the instance of the managing entity has occurred; or in which the referred instances, complaint, complaint or request have been entered.

3. In the cases referred to in paragraphs 1.1. and 1.2. above, the persons required to apply for the discharge shall incur the responsibilities of their lack of application prior to those dates. However, the obligation to list, in any event, shall be born from the day on which the activity was initiated, except that by application of the application of the prescription, the corresponding quotas were not to be enforceable or admissible.

4. The provisions of the above paragraphs on the effects of the High are without prejudice to the specialties provided for in Chapter VI of this Title.

2. The absence of the worker shall have effect from the cessation of the provision of services on behalf of an employed person, in the self-employed activity or, where appropriate, in the situation determining the inclusion in the social security scheme in question.

1. The worker's application for a discharge shall terminate the obligation to list from the end of the work, in the activity or in the other situations indicated above, provided that it has been officially communicated in the model or medium. established and within the time limits laid down in Article 32.3 of this Regulation.

2. In cases where the discharge is not requested or is made outside the time limit and in model or other than those established, the obligation to list shall not be extinguished until the day on which the General Treasury of the Security Social knowledge of the cessation of work as an employed person, in the self-employed activity or in the situation determining the inclusion in the Social Security System in question.

3. When the General Treasury of the Social Security curse the discharge, in order to know the cessation of work, in the activity or in the situation in question as a result of the work of the Inspection of Labor and Social security, by means of the data in the same or a managing body or by any other procedure, the obligation to list shall be extinguished from the day on which the inspection was carried out or received by the data or documents showing the cessation of the work as an employed person, in the self-employed or in the activity appropriate situation.

4. Notwithstanding the provisions of the foregoing paragraphs, the interested parties may prove, by any of the means admitted in law, that the activity on the date notified when the request for discharge was not initiated or that the cessation of the activity was not initiated. (a) the activity, in the provision of services or in the situation in question, took place on another date, for the purposes of the extinction of the obligation to list, without prejudice, where appropriate, of the effects to be produced both in order to return the fees which are unduly paid in respect of the reimbursement of benefits which they are unduly received, unless the application of the prescription is not enforceable, neither the refund nor the refund.

5. The mere application of the discharge and the recognition thereof shall not extinguish the obligation to list or produce the other effects of that obligation if it continues the provision of the work or the development of the activity or situation or where, not continuing, the worker has an impact in a situation similar to that of the high in which the subsistence of the obligation to pay is expressly established.

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 Article 49 (3) of this Regulation.

4. Recognition of the right to discharge by the Provincial Directorate of the General Treasury of Social Security or Administration of the same competent authority, the latter shall issue the appropriate supporting documents, which must be kept by the employer while the worker does not cause low and, in any case, for five years, or for the self-employed person, with an obligation to keep such supporting documents during the same period.

Also, declared the low, the low documents must be kept for the same period of five years.

The preservation obligations of the supporting documents referred to in the preceding paragraphs shall be deemed to be fulfilled with the sole impression, authorized by the General Treasury of Social Security, of the discharge and discharge parties. whose data has been transmitted to the general file of affiliation by electronic, computer or telematic means, at the time it is required by the data subjects or by judicial or administrative authority.

5. The high level of entitlement referred to in Article 29 (2) of this Regulation shall have the effect that the Law confers on them without the need for recognition of the right to the same and without prejudice to the obligation of employers to request the discharge of the employees or, where appropriate, to promote the other actions which they have taken and without prejudice to the responsibilities to which they may take place.

6. The situations of a special strike, lockout and other situations which may be determined shall have the effect of establishing and supplementing the rule which has been established by them.

7. The provisions of the above paragraphs are without prejudice to the effects of the undue high and low provided for in Articles 60 and 61 of this Regulation.

Article 36. Situations treated as high.

1. They shall continue to fall within the field of application of the Social Security Scheme in which they are registered, but in a situation similar to that in which they are registered, who, even if they have ceased the provision of services or the development of the determining activity of the framework in that Regime, are in any of the following situations:

1. The legal situation of unemployment, total and subsidized, and the one of involuntary unemployment once the benefit, contributory or assistance is exhausted, provided that in such situation the registration is maintained as unemployed in the office of employment.

2. # Forcible excess.

3. The situation of leave of absence for the care of children with a job reserve, in accordance with applicable law.

4. The suspension of the contract of employment for military service or replacement social benefit.

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

6. º The special convention subscription in its different types.

7. The periods of inactivity between seasonal jobs.

8. º The periods of imprisonment suffered as a result of the cases referred to in Law 46/1977, of 15 October, of Amnesty, in the terms regulated in Law 18/1984, of 8 June.

9. The situation of those workers who are not in high or in any other of the situations assimilated to it, after having provided services in jobs that offered risk of illness professional and to the sole effect that permanent invalidity due to such contingency may be declared.

10. For the artists 'and professionals' collectives, the days that are quoted by application of the rules that regulate their contribution, which will have the consideration of days listed and in high situation even if they do not correspond with service delivery.

11. For the sole purpose of conservation of the right to health care, the situation of persons employed in the Social Security Scheme falling under the appropriate social security scheme, having remained or not in a situation of discharge in that country. Scheme for a period of at least 90 days within three hundred and sixty five calendar days immediately preceding that of the discharge, in accordance with the terms laid down in Article 6 of Decree 2766/1967, of 16 November, in the wording given to it by Decree 3313/1970, of 12 November.

12. Similarly, to the sole effects of health care, the situation of the workers made redundant, included in the corresponding Social Security Regime, that have pending resolution before the labor jurisdiction demands for dismissal invalid or null.

13. For the purposes of unemployment protection, the situations specified in Article 2 of Royal Decree 625/1985 of 2 April, or in the specific rules governing such coverage.

14. In the Special Agrarian Regime, the situation of displacement abroad for work reason, in the terms regulated in article 71 of Decree 3772/1972, of December 23.

15. In the Special Workers ' Regime for Own or Self-Employed, the period of the ninety calendar days following the last day of the month in which the Low in said Regime occurs.

16. The periods of receipt of the aid covered by Royal Decree 1695/1995 of 20 October 1995 establishing an aid scheme designed to promote the early cessation of agricultural activity.

17. All others to be determined by the Minister of Labour and Social Security.

2. The situations referred to in the preceding paragraph are treated as high in relation to the contingencies, under the conditions and with the effects which for each of them are laid down in this Regulation and in the other rules governing the same.

Article 37. Effects of worker data variations.

1. The changes that may occur in the data of the workers in high will cause effects from the moment when those are produced whenever they are communicated in time and form to the Provincial Direction of the General Treasury of the Social security or administration of the same competent authority, as provided for in Article 28 of this Regulation.

2. The persons obliged to communicate these variations shall incur the penalties and the responsibilities which are due to them before the date on which the communication takes place.

3. The variation of data having an impact on the listing shall be governed by the provisions of Article 35 of this Regulation.

CHAPTER VI

Peculiarities in enrollment, affiliation, ups, downs, and variations

Article 38. Concerning the use of electronic, computer or telematic means.

1. The registration of the employer, the affiliation, the high and the low of the worker and the variation of data of one and the other in the Social Security can be formalized also supplying the documents and corresponding data by means or procedures electronic, computer or telematics.

2. Undertakings and workers intending to use such procedures must comply with the conditions laid down by the Ministry of Labour and Social Security and, if they are not established, to which the Directorate-General of the General Treasury of

Social Security, subject, in any case, to the provisions of Article 45 of Law 30/1992, of November 26, and the rules of development thereof.

Article 39. Regarding the practice of registration, affiliation, high, low and variations presented in Provincial Direction or Administration other than that of the domicile.

1. By way of derogation from Articles 4, 12.1.1., 27.1.1., 32.2 and 33.1 of this Regulation, where applications for the registration of employers and of members of affiliation, high and low workers and variations of data of each other are present in an Administration of the Provincial Directorate of the General Treasury of Social Security other than that in which the subject obliged to his or her formulation is domiciled, shall only be referred to the appropriate Administration in function of the registered office the applications for registration in general and those of affiliation, high, low and variation concerning persons included in the Special Agricultural Schemes, of Workers of the Own or Autonomous Account and of the Workers of the Sea, those concerning discontinuous workers included in the Special Regime of Home Employees and, in In the case of the General Administration of the Social Security Office before which they have been presented, the General Administration of the Social Security Office shall not be able to make an express decision on the matter because they are to be held in account, claims or evidence other than those alleged by the parties concerned requests.

2. Outside the cases referred to in the previous paragraph, the Administrations of the Provincial Directorate of the General Treasury of Social Security who have received the said applications and who are not the competent ones for the purpose of the address they will be able to practice the high, low and variation in question.

Article 40. Concerning the family members of the employer and the self-employed person and the members of collective societies and the collective partners of the communities, as well as those of certain cooperative societies.

1. For the affiliation and the discharge of the family members of the employer who fulfil the conditions required for their inclusion as an employed person in the field of application of the General System of Social Security and Special Regims Agriculture, Home Employees, the Workers of the Sea and Coal Mining, in addition to the documentation provided for in general, shall be accompanied by a statement from the employer and the family member in which the condition of the employer is recorded. as an employed person in the activity giving rise to the framework under the relevant scheme, its professional category, job, form and value of the remuneration, work centre, schedule of the same and how many other data or circumstances are accurate to the effect, and may be required by the Provincial Directorate of the Treasury General of Social Security or Administration of the same, if any, report of the Inspection of Labor and Social Security.

2. The self-employed person who is the owner of the holding shall be responsible for the compliance with the obligations of affiliation, discharge, discharge and communication of variations of data corresponding to the family members who, for performing an activity in the same, they are included in the field of application of the Special Agrarian Regime, Special Regime of Workers for Own or Autonomous Account and Special Regime of the Workers of the Sea.

In addition, collective societies as well as communities with respect to their collective partners and, where appropriate, the associated worker cooperatives, and, where appropriate, the associated working cooperatives, will also be responsible for compliance with these obligations. health cooperatives referred to in Article 144 (3) of Law 3/1987 of 2 April, General of Cooperatives, where the inclusion of some and others in the relevant Special Regime is appropriate.

The deadline for compliance with such obligations shall be six days from the following to the exhaustion of the established term or the higher one granted by the General Treasury of Social Security for compliance. of such obligations by the principal obligors and those who have failed to fulfil them.

Article 41. Of the multi-activity, multi-employment and pre-inclusion option in various regimes.

1. The number of persons in the multi-activity situation as determined in Article 7 (4.1) of this Regulation shall be applied for as many as and at the same time as the Regiments in which they are included, persons and in the general forms and conditions laid down in Articles 29 and following thereof.

The Provincial Directorate of the General Treasury of Social Security or Administration may request, for these purposes, the report of the Inspection of Labor and Social Security.

2. Employers who are aware of the situation of pluriemployment of their employees as determined in Article 7 (4.2) of this Regulation shall communicate the high and low levels of such workers, with an express reference to the existence of such a situation. and a declaration of the remuneration of the worker so that, on the part of the managing entities and the General Treasury of the Social Security, the actions that they carry out for the purposes of contribution and protection are carried out on their own initiative.

The workers themselves in a situation of pluriemployment are also obliged to communicate such a situation to the respective employers and to the Provincial Directorate of the General Treasury of Social Security or Administration of the itself, so that the actions taken by it are initiated on its own initiative.

3. For the affiliation and senior members of worker worker cooperatives, the obligation to comply with these obligations, in addition to the documentation required in general, must accompany the certificate of registration of the cooperative in the corresponding register and copy of the statutes in which the option of the one between the assimilation of such associates to self-employed persons or to employed persons for the purposes of their framing in the Systems of the Social Security system.

Article 42. Of the affiliation and high of the foreigners.

A copy of the data and documents required for the Spanish workers must be accompanied by a copy of the information and documents required for the Spanish workers. corresponding work permit, in the case of foreign nationals who are required to exercise their activity in Spain.

Article 43. Of certain collectives integrated in the General Regime or in the Special Systems.

1. In the case of affiliations, ups, downs and variations of the collectives included in the field of application of the General Social Security Scheme, which are then indicated, in addition to the general rules laid down in this Regulation, apply the following:

1. The formulation of membership, as well as of the high, low and variations of trade representatives and taurine professionals, to which the specially established regulation is applicable, will be governed by the provisions of Articles 5 and 13, respectively, of Royal Decree 2621/1986 of 24 December 1986 and other specific implementing and development provisions of that Regulation as follows:

(a) Trade representatives shall directly communicate their high and low to the Provincial Directorate of the General Treasury of Social Security or Administration thereof in the province where they exercise their professional activity. and, if they are exercised in several provinces, in which they have their domicile.

In the request for discharge from the trade representatives, in addition to the data referred to in Article 30 (2.1) of this Regulation, the name or social name of the employer or the employer and the entity of the entity shall be indicated. to cover the contingencies of occupational accidents and occupational diseases and, where appropriate, temporary incapacity benefit.

(b) The high and low levels of the taurine professionals will be governed by the rules established in general, with the particularity that such taurine professionals must be included in the census of assets within the period and the conditions laid down in Article 13.2 of Royal Decree 2621/1986 of 24 December 1986.

The inclusion and exclusion of such a census will determine, without further requirement, the status of high and low of the taurine professionals for all purposes, in the terms set out in the implementing rules of the Royal Decree.

2. The affiliation, the discharge, the discharge, the variations and its effects with respect to the Spanish staff employed in the Spanish administration abroad, which is covered by the Spanish Social Security and the Spanish (a) non-resident Spanish nationals who have the status of officials or contractors of international and equivalent bodies shall be governed by the provisions of the special provisions governing such groups and, in so far as they do not provided for in this Regulation, without prejudice to the provisions of this Regulation. provided for in the treaties, conventions, agreements or international instruments included, signed or approved for this purpose by Spain.

3. Regarding public officials included in the field of application of the General Social Security Regime, the ups and downs of the same in the cases of change of destination obtained by means of contest or free designation and in the other cases where the body or centre of work in which the new post is carried out or to which the officials are assigned or assigned is to assume the remuneration of the officials and the corresponding obligations in respect of the Social Security, which will have effects, as far as the high level is concerned, from the first day of the following month to in the case of the cessation and, in the case of casualties, from the last day of the month in which the cessation of the cessation occurs.

2. The affiliation, ups, downs and variations of data relating to workers included in the Special Systems of the various Social Security Regulations shall be subject to the formalities, deadlines and other conditions laid down by their rules specific.

Article 44. Of the members of the Governments and Parliaments of the Autonomous Communities included in a Special Regime.

The members of the Governments, Assemblies, Parliaments, Courts or General Boards of the Autonomous Communities who, prior to holding such a condition, have been included in the social security system and in high some of the Special Regiments of the same and have to cause low in the reason of their new governmental or parliamentary activity, they will remain in high in the Special Regime in which, in each case, they are, as long as it lasts their office or mandate and always that those governments and parliamentary bodies have signed the appropriate agreement with the scope and other conditions to be determined by the Ministry of Labour and Social Security.

Article 45. In the Special Agrarian Regime: the census, affiliation, ups and downs.

1. Workers falling within the field of application of the Special Agricultural Social Security Scheme shall be required to register them in the census of that Special Regime, as referred to in Article 52 (2) (b) of this Regulation. Regulation, 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 their 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 request for the inclusion of the worker in the census by the employer or by the self-employed person shall be equivalent to an application for membership and/or discharge.

To prove the carrying out of the agricultural work and other circumstances specified in Articles 2 and following of Decree 3772/1972 of 23 December, both for the purposes of the discharge and for the permanence in the census of this Special scheme, interested parties may use all means of evidence admitted to law.

(b) Applications for registration in the census shall be submitted within six days of the date of commencement of the corresponding activity.

(c) 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.

(d) 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 decline in the census shall take place when the worker no longer meets any of the conditions laid down to be included in the field of application of the Special Agricultural Social Security Regime or when it is established the person who was registered was unduly registered, in which case the provisions of Article 60 of this Regulation are to be made.

The decline in the census will have low effects on the Special Agrarian Regime.

(a) No reason for the absence of a census shall be given to situations of other non-agricultural activities or of inactivity in agricultural work which do not affect the conditions required for the worker to be included in the field of application of this Special Regime.

(b) By way of derogation from the above paragraph, the absence of the census shall be motivated by the absence of the census, which shall be maintained for a period of more than three calendar months and the dedication of the agricultural workers to other activities exceeding 90 consecutive days.

In these cases, those required to ask for the discharge must apply either within the time limit determined by the Ministry of Labor and Social Security at the beginning of this period of carrying out other activities or inactivity. in the case of agricultural work, if the duration of the work is foreseeable, or, if it is not foreseeable, within six days of the time when the indicated limit is exceeded. The Provincial Directorate of the General Treasury of Social Security or Administration of Social Security shall proceed with its own motion to discharge the worker with effect from the day on which the limits indicated when the worker has communicated are exceeded. the date of initiation of the period of inactivity or of the performance of other activities without determining its duration or, if there is no communication thereof, where the above limits are known to be exceeded by any means.

(c) the employees themselves, in the form and time-limits laid down in general, are obliged to apply for a reduction in the census, in the event of the death of the worker, the family members of the same with right to succeed him.

5. It is for 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 inclusion or the decline in the census.

6. 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, in another case, unless it is proved that they were (a) in the case of which they shall have effect from the month following the month in which they took place, without prejudice to the penalties and other effects that they apply.

2. It is up to the General Social Security Treasury to set up the labour census for agricultural workers or to update the existing one and to establish and update a census of agricultural entrepreneurs, if necessary, periodic census operations to ensure the accuracy and validity of data relating to workers and employers.

Article 46. Particularities relating to certain workers of the Special Agrarian Regime as regards protection against certain contingencies.

1. Entries in the census of workers included in this Special Scheme shall produce effects in order of the contribution and the protective action as laid down in Article 35 (3) of this Regulation.

2. The insurance cover for occupational accidents and occupational diseases, except for the provision of temporary incapacity for work resulting from them, shall be compulsory for the self-employed, both in the case of: which refers to themselves as their family members, who, with such a character, are included in the field of application of the Special Agrarian Regime.

Such protection shall be formalised in the same way as that laid down for employers in respect of the protection of workers employed in Article 14 of this Regulation for the purposes of the protection of workers. contingencies.

3. Self-employed persons included in the Special Agrarian Regime, at the time of causing the discharge, may voluntarily avail themselves of the Social Security coverage of the economic benefit due to temporary incapacity of common and professional contingencies.

Those self-employed persons who, at the time of causing high in this Regime, have not opted to avail themselves of the temporary disability allowance, may also make the option referred to in the paragraph prior to three calendar years after the date of the discharge. In this case, they shall make an application in writing before the first day of the month of October of the relevant financial year, with effect from the first day of January of the following year.

1. The option in favour of the coverage of the economic benefit due to temporary incapacity shall be given the same effect from the discharge, without prejudice to the provisions of Article 35 (3) of the Treaty. This Regulation and other additional provisions.

2. The rights and obligations arising from the option to cover the temporary incapacity benefit shall be payable for a minimum period of three years, computed by full calendar years, which shall be automatically extend for periods of equal duration, unless the person concerned expressly disclaims in the form and time limits set out in the following paragraph.

3. Within the last three years of each period, the self-employed person entitled to the benefit of temporary incapacity who wishes to give up the allowance must make an application in this respect and in writing before the The first day of the month of October, the application has effects from the day one of January of the following year.

Such a waiver will not prevent the future from exercising the option of the economic benefit of temporary incapacity in the future, provided that at least three years have elapsed since the previous resignation.

4. The reduction in the Special Agrarian Social Security Regime will lead to the waiver of the option of temporary incapacity benefit, without prejudice to the maintenance of the benefit received in the time of the discharge, until a legal cause of extinction occurs.

4. Workers who have opted for the protection referred to in the preceding paragraph may also choose to formalise the coverage of that economic benefit due to temporary incapacity, both arising from common contingencies and professional, either with the relevant managing body or with a mutual occupational accident and occupational disease, in the terms and with the effects set out in this Article and other provisions (a) complementary to the choice of protection for a mutual benefit.

When the self-employed persons included in this Special Regime have opted for the coverage of the aforementioned benefit to be carried out by a mutual, which must necessarily accept it, the exercise of the option, the formalisation of the relevant accession document and the effects of the accession document shall be governed by the provisions of Articles 75 et seq. of the Rules of Procedure of the Mutual Association of Occupational Accidents and Occupational Diseases of the Social Security.

5. In the case of pastoralists, rural guards and hunting and fishing quotas under the Special Agricultural System of Social Security, which are responsible for the custody of livestock or the surveillance of agricultural holdings of several owners or all other operators, each and every one of the latter shall be responsible, in solidarity, for the fulfilment of the obligation to formalise the protection of accidents at work and occupational diseases and of the consequences derive from their non-compliance.

Article 47. In the Special Workers ' Regime for Own or Autonomous Account.

1. The initial or successive affiliations and/or high-ups shall be compulsory and shall produce effects in order to the contribution and the protective action from the first day of the calendar month in which the determining conditions are met in the person concerned. of their inclusion in the field of application of the Special Scheme for Own or Self-Employed Workers, provided that they have been applied for in the terms laid down in Article 32 (3) of this Regulation.

1. No High requested outside the regulatory period shall also have effects from the first day of the calendar month in which the requirements for inclusion in this Special Regime are met.

In such cases, and without prejudice to administrative penalties for their non-term revenue, the contributions corresponding to periods prior to the formalisation of the discharge shall be payable and shall have effect in (a) order for benefits once they have been entered, with the surcharges that are legally applicable, except that, by application of the prescription, these quotas are not enforceable or are valid for the purposes of benefits.

The above quotes will also give rise to the accrual of interest from the date on which they were due to be entered and in accordance with the legal interest rate of the money in force at the time of payment.

The General Treasury of Social Security will account for the high requested outside the statutory deadline for the Labour and Social Security Inspectorate.

2. º the affiliation and the high office of trade in this Regime by the General Treasury of Social Security in the cases that result from Articles 26 and 29.1.3. of this Regulation, having equally effects from the day first of the calendar month in which the concurrency of the requirements for inclusion in this Special Regime is accredited, in the terms and with the scope provided for in

1.

2. Workers included in this Special Regime, at the time of their discharge, may be voluntarily excluded from the coverage of the economic benefit due to the temporary incapacity of the scope of the protective action of that Scheme.

Those workers who, at the time of their discharge in this Special Scheme, have not opted to opt out of the temporary disability allowance, may also be excluded from the allowance after they have been paid. three calendar years from the date of the discharge. In this case, they shall make an application in writing before the first day of the month of October of the relevant financial year, with effect from the first day of January of the following year.

1. The option in favour of non-exclusion from the coverage of the economic benefit due to temporary incapacity, the rights and obligations arising from it shall be payable for a minimum period of three years. for full calendar years, and shall be automatically extended for periods of equal duration, unless the option made in the form and time-limits has been changed and the effects specified in paragraphs 3.3. and 3.4. of the previous article.

2. The workers included in this Special Regime who have chosen not to be excluded from such protection may also choose to formalize the coverage of the economic benefit due to temporary incapacity with the institution in the case of a worker or a worker of occupational accidents and occupational diseases of social security, in accordance with the terms laid down in this Article and other supplementary provisions where protection has been opted for by a mutual.

Where such workers have opted for such cover to be carried out by a Mutual of Occupational Accidents and Occupational Diseases of the Social Security, the provisions of Article 46 (4) of the Treaty shall apply. This Regulation.

3. The workers ' losses in this Special Scheme shall have effect from the first day of the month following the month in which they have ceased the activity determining their inclusion, provided that they have been applied for in the period and form set.

1. When, however, no longer has to meet the requirements and conditions of inclusion in this Special Regime, the worker will not apply for the discharge or the application in the form and time limit other than those laid down by the (a) the effect of such an effect or the effect of such an effect on the public, the high thus maintained will have an effect as regards the obligation to list in the terms laid down in Article 35 (2) of this Regulation and shall not be considered to be in a state of high The right to benefits.

2. The General Treasury of Social Security shall account for the casualties requested or practiced outside the statutory deadline for the Inspection of Work and Social Security.

4. Applications for the discharge and discharge of workers in this Special Regime shall be accompanied by documents and means of proof of the origin of one or the other. For such purposes, some or some of the following may be accompanied by:

(a) Document certifying that the applicant holds the ownership of any individual or family business or of an establishment open to the public as owner, tenant, user and other similar concept or document accrediting the cessation of such ownership.

(b) Justifier to pay the Tax on Economic Activities or any other tax for the activity performed or certified not to pay the tax, one and the other referred to, at most, for the last five years.

c) Copy of the licenses, permits or administrative authorizations, which are necessary for the exercise of the activity in question and, failing that, indication of the agency or administration that has granted them or copies of the supporting documentation of the extinction or cessation of the extinction.

d) Statement responsible for the data subject and any other, proposed or not proposed by the applicant, to be required for this purpose by the General Treasury of Social Security.

Article 48. In the Special Regime of the Sea Workers

1. In the Special Regime for Sea Workers, each vessel shall be considered as a working centre, to which a contribution code of the own contribution code shall be assigned to the Register of Employers.

1. º The listing account code that identifies each vessel will be annotated in the role or license of the vessel.

2. The justification for having been registered the company and identified the vessel in the Register as well as that of the one to the current in the payment of its contributions will constitute necessary requirements for the authority of Competent navy authorizes your dispatch to go out to sea.

2. The formalisation of membership, high, low and variances of worker data in this Special Regime shall be subject to the time-limits and conditions laid down in general in this Regulation, with the particularity that, in the case of personnel on board vessels sailing or operating in areas far from the place where the undertaking is registered, the time limit for the formalisation of such acts shall be six calendar days, which shall begin to be counted from the arrival of the vessel; port of the province of registration. In any case, between the date of incorporation of the worker into the company and the date of application for membership and discharge, he may not be able to mediate a period exceeding ten calendar days.

3. The Provincial Directorates of the General Treasury of Social Security or the Administrations of the same and, as collaborators of these, the Provincial and Local Directorates of the Social Institute of the Navy will deliver to the company or to the interested in a document supporting the filing of the membership application.

The number of Social Security or, where applicable, the number of Social Security members will be reviewed in the librettes for the maritime registration of the interested parties, in the case of workers who provide services in boats of any kind. class. The existence of this requirement will be verified by the marine authorities when authorizing the enrollments of the interested parties.

4. The self-employed and the shipowners referred to in Article 3 of Royal Decree 1867/1970, of 9 July 1970, are obliged to arrange with the Social Institute of the Navy or with a mutual accident of work and illness. (a) the protection of occupational accidents and occupational diseases as regards themselves, in addition to employers of employed persons who employ, even if they are not employed, the occupational safety and health protection of occupational diseases and occupational diseases, formalisation of the relevant association document is instructed in accordance with the provisions of Article 14 of this Regulation.

Article 49. In the Special Regime of Home Employees.

1. The obligation to apply for membership, discharge and discharge in the Special Scheme of Home Employees shall be the worker himself at the service of the family household when he/she provides his/her services to one or more family heads on a part-time basis, indefinite, whether fixed or fixed at regular intervals, or of a fixed duration in the cases provided for in Article 15 of the recast text of the Law on Workers ' Statute, approved by the Royal Legislative Decree 1/1995, March 24.

1. In this case, in addition to the documentation established in general, the household employee must accompany his or her application for membership or a high declaration of all the heads of household in which each person record the time and other conditions for the provision of partial and discontinuous services.

These applications for membership and discharge as well as the documentation to accompany them will be submitted within six calendar days of the beginning of the corresponding activity.

2. For the purposes of this Regulation, part-time services shall be considered to be provided for a period of less than 80 working hours during the month, provided that they exceed the minimum of In this respect, the Minister of Labour and Social Security.

2. In this Special Regime, the employers referred to in Article 10 (3) of this Regulation shall not be able to make specific arrangements for the protection of social security in the face of professional contingencies in respect of employed or assimilated workers included in the field of application of this Special Regime that those employed.

3. The initial or successive affiliations and ups will produce effects in order to the contribution and the protective action from the day on which the conditions of their inclusion in this Special Regime and the casualties are present in the household employee. it shall have effect from the day following the day on which that activity had ceased, thereby governing the other provisions of Article 35 (1) and (2) of this Regulation.

When such activity is carried out during fraction or fractions of calendar months, as many fractions of the monthly quota as days, the household employee has been required. For this purpose the monthly fixed fee shall be divided by thirty in all cases.

Article 50. In the Special Regime for Coal Mining.

Employers, in addition to fulfilling the obligation to apply for the high and low levels of their workers in the Special Regime for Coal Mining under the same general terms and conditions, must send to the Provincial Directorate of the General Treasury, within a period determined by the Ministry of Labour and Social Security or, failing that, within 15 days of the termination of each calendar month, in duplicate and in accordance with the model official, the monthly parts or relationships listed below:

1. Of the workers who have entered and ceased the company.

2. Workers who have changed their category or professional craft or who retain it despite having moved to a post to which they would belong.

3. Of workers who have failed to work for reasons other than those which are the result of a medical discharge for common or occupational disease and accidents, whether or not they are working, and those authorised by the relevant labour standards to remuneration.

TITLE III

Documentation, review, and impeachments

CHAPTER I

Book of Matriculation, Data Conservation and Right to Information

Article 51. Book of Matriculation.

1. Employers must carry out in order and in the day a Book of Matriculation in which all their employees will be registered at the time they begin the provision of services. When there is more than one work centre there will be as many Matricula Books as there are.

2. The entries of the workers in the Book of Matriculation must be made in the form and with the requirements that are determined in the instructions that are inserted in the official model of the said Book. In any event, the Social Security number of the registered workers must be included in the Book, which must be signed at the moment when the service is provided and when a change in the professional category occurs.

Workers ' casualties will be recorded at the place that corresponds to chronologically, in addition to the date of the discharge in the initial registration of the discharge or the change of professional category.

3. The Matriculation Books, according to the official model, will be enabled in the Provincial Labour and Social Security Inspections.

4. For vessels, the Book of Matriculation shall be replaced by the Role of each of them, in which the data and variations reflecting the situation of the worker in the Social Security shall be reflected, including, in any case, the number of the same.

5. The Directorate-General of the Labour and Social Security Inspectorate may authorise the replacement of the Book of Matriculation by another documentation system offering the same guarantees as the one to the companies applying for it, justifying the provenance of the replacement.

Article 52. Data retention and documentation systems. Effects.

1. Employers and, where appropriate, self-employed persons are required to keep, for a minimum period of five years, the documents supporting the registration of the employer, the association document for the protection of the professional contingencies and, where applicable, the option for coverage of the economic benefit due to temporary incapacity, affiliation document, discharge and discharge parts and communications of data variations in the terms regulated in the Title previous.

2. The General Treasury of Social Security shall carry the following documentation systems:

1. The General Treasury will establish and, if necessary, update an automated general file in which the following records will be integrated:

(a) The registration of employers and their listing accounts, duly linked to the corresponding identification for each System of the Social Security System.

(b) The registration of workers, with the corresponding identification for each System of the Social Security system, as well as the beneficiaries and other persons subject to the obligation to list.

(c) Other records to be determined by the Ministry of Labour and Social Security according to the management needs.

2. The General Treasury of Social Security shall incorporate into the general file and by electronic, computer or telematic means, the inscriptions of the employers, the affiliations, the ups and downs of the workers and (a) changes in the field of application of the system of social security systems, the management of which, in respect of the matters covered by this Regulation, is entrusted to it, using the means and procedures that require management needs and organise them in a way that responds to the principle of integral information.

3. The General Treasury of Social Security shall keep up-to-date the records and the data collection referred to in the previous paragraph.

4. The seats of the records, recorded data and documents issued, whatever their support, by electronic, computer or telematic means, by the General Treasury of Social Security or those that are issued as copies of originals stored by the same means shall enjoy the validity and effectiveness of the original document, provided that its authenticity, integrity and preservation as well as compliance with the guarantees and requirements required by the laws are guaranteed.

Article 53. Data reservation, right to information and protection of automated personal data.

1. The data in the records and documentation systems referred to in the previous Article shall be used by the managing bodies and the common services of the Social Security for the purposes of the same, without prejudice to the to be provided to other public administrations in accordance with the terms of Article 4 of Law No 30/1992 of 26 November 1992, and in particular to tax administrations in accordance with Article 366 of the recast of the Law General of Social Security, adopted by the Royal Legislative Decree 1/1994 of 20 June, as well as the Parliament's committees of inquiry in accordance with the provisions of the Royal Legislative Decree 5/1994 of 29 April, and the trade unions with the capacity to promote elections in accordance with the terms laid down in Article 67 of the recast text of the Law of the Workers ' Statute, approved by the Royal Decree of Law 1/1995 of 24 March, and in other cases in which it is established by law or in execution of it.

2. Employers and workers or assimilated persons shall have the right to be informed by the General Treasury of Social Security about the data relating to them, as well as access to the records and records of the terms provided for in the Constitution and in Article 37 of Law 30/1992 of 26 November 1992 and other special laws.

Equal rights will be enjoyed by individuals who have a personal and direct interest in the information requested.

3. The numbers, reports, background and other data concerning identified or identifiable natural persons, subject to automated processing, produced in the procedures covered by this Regulation, shall be subject to the provisions of the Act Organic 5/1992, of 29 October, of Regulation of the Automated Treatment of Personal Data, and other supplementary provisions, without prejudice to the obtaining, assignment, rectification or cancellation of the numbers, reports, background or data relating to the exercise of the collection functions entrusted to the General Treasury of Social Security shall be governed by the provisions of Article 36 (6) and (7) of the recast text of the General Law on Social Security and other implementing and development provisions.

1. The persons responsible for the automated files of personal data relating to the matters referred to in this Regulation shall be subject to the sanctioning regime of the said Organic Law 5/1992, of 29 October.

2. Where infringements sanctioned in that Law are committed by officials at the service of the Administration of Social Security or other public administrations, the provisions of Articles 42 and the following shall apply. of the same and Article 31 of Law 30/1984, of 2 August, of Measures for the Reform of the Civil Service, as well as in the Royal Decree 33/1986, of 10 January, for which the Regulations of the Disciplinary Regime of the Officials of the the State Administration, and other supplementary provisions.

CHAPTER II

Control and Review

Article 54. Control powers.

1. The competent labour authority shall bring to the attention of the managing body or of the interested party and of the General Treasury of Social Security those facts of which, by reason of its competence, it has knowledge, when it affects the compliance with the obligations laid down in this Regulation, in order to enable the measures conducive to the guarantee of the rights of all persons and persons included in the field of application of the Regimes of the same.

2. The General Treasury of Social Security may at all times verify the accuracy of the data in its systems of documentation in respect of the matters referred to in this Regulation.

In addition to the data and documents that demonstrate the concurrency of the conditions and requirements for the recognition of the registration, formalization of the protection of the professional contingencies, affiliation, ups, downs and variations in the terms of the preceding titles, the General Social Security Treasury may, at any time, require such other data or documents or carry out the checks which, in general or in particular, consider necessary to demonstrate the subsequent maintenance of the requirements and circumstances determining the effectiveness of such acts.

1. When for the performance of the control functions are necessary or convenient visits to the job centers or to the domicile of the entrepreneurs or the self-employed workers or other actions, the General Treasury of Social Security shall require the carrying out of the Inspection of Work and Social Security, which shall account for its results to the General Treasury for the purposes of its implementation.

2. Prior to the use of the powers referred to in the preceding paragraphs, the General Treasury of Social Security shall use the data in its documentation systems, in such a way that the request for new information data, documents or reports on the data subjects are only those necessary for the intended purpose of verification.

Article 55. Review powers: limits. Error rectification.

1. When registration, protection of occupational accidents and occupational diseases, rating, coverage of temporary incapacity benefit, affiliation, high, low and worker variations in the systems of documentation of the General Treasury of Social Security do not comply with the laws, regulations and other supplementary provisions, if this is the result of the exercise of their powers of control or by any other circumstances, the General Treasury may adopt the measures and carry out the necessary acts for its compliance with the established rules, including the ex officio review of their own acts in the form and with the scope provided for in this Article and the following.

2. The powers of the General Treasury of Social Security to review, ex officio or at the request of a party, its own acts of registration, formalization of the protection against occupational risks, coverage of the economic performance by temporary incapacity, charging, affiliation, high, low and variations of data may not affect the reporting of rights, to the detriment of the beneficiaries of the rights, except in the case of a review motivated by the finding of omissions or inaccuracies in the applications and other declarations of the beneficiary.

3. The General Treasury of Social Security may at any time rectify the material or factual errors and the arithmetic of the acts regulated in this Regulation.

Article 56. Trade review procedure.

1. The procedure for reviewing the acts referred to in paragraph 1 of the preceding Article may be initiated on its own initiative or at the request of a person concerned, provided that the declarative acts of rights are not affected, as well as those which are due to omissions or inaccuracies in the applications and other declarations of the beneficiary, even if they were declarative of rights.

2. Interested parties shall be notified of the initiation of the procedure, warning them that they may make representations and provide documents at any time prior to the hearing.

Also, the Provincial Directorate of the General Treasury of Social Security or Administration of the same person before which the file of the review of trade is processed may agree to the test and request the reports that it considers relevant.

Before writing the motion for a resolution, the hearing will be dealt with in the terms and in the cases referred to in Article 84 of Law 30/1992, of November 26.

3. The decisions by which it shall review, if appropriate, its previous acts of registration, affiliation, formalisation of the coverage in the face of professional contingencies or, where appropriate, of the economic benefit due to temporary incapacity, charging, high, low and variabated data, declaring them undue and fixing the effects thereof in accordance with the terms laid down in the following Articles, shall be reasoned, with reference to facts and grounds of law, and shall be notified to the interested in accordance with Articles 58 and 59 of that Law 30/1992, of 26 May 1992, November.

CHAPTER III

Effects of undue acts

Article 57. Effects of undue registration of the employer.

1. The undue registration of the employer in the Register established in this respect shall be entered in the Register with effect from the date fixed in the administrative decision declaring it to be undue.

2. Who, in connection with the registration of the employer who is undue, has acted with him, negligence or late payment, shall be subject to the responsibilities to which there is a place. The General Treasury of Social Security shall take account of the facts of the Labour and Social Security Inspectorate for the purpose of the lifting of the infringement proceedings and shall exercise the other actions to which it is assisting.

Article 58. Effects of undue formalisations of protection and charges in the protection of professional contingencies or temporary disability coverage.

1. Where the formalisation of the protection against the contingencies of occupational accidents and occupational diseases and/or the corresponding tariff or, where applicable, the coverage of the economic performance by incapacity, are declared inappropriate temporary, the managing or contributing entity shall formalise, if appropriate, a new partnership or cover document for the protection of such contingencies through the entity and/or the charging that proceeds with effect from the start of the administrative procedure in which the decision which has been declared inappropriate is given the previous formalization of the coverage or the previous rating.

1. Where undue pricing has been motivated by an imputable cause to the employer, the decision in which it is declared shall take effect from the time that the case is brought, the claims or the returns shall be made. of relevant quotas as provided for in the General Regulation on the Collection of Social Security System Resources and other development provisions.

2. º If the source or cause of the undue rating is

attributable to error by the managing or contributing entity or, in general, to the Administration, without acting as an employer, no surcharge shall be applied for the difference or, where appropriate, the excess shall be returned, irrespective of the obligation to compensate the persons concerned for any damage caused to them.

2. Where the formalisation and charging of the association document and, where appropriate, the option of coverage of the temporary disability benefit resulting from undue payment, negligence or late payment shall also be subject to the provided for in paragraph 2 of the previous Article and shall not refund the mischievously entered quotas.

Article 59. Effects of improper affiliations.

1. Membership of the Social Security system of persons excluded from the field of application of the same that is declared undue shall determine the replacement of the situation existing at the time before such an undue affiliation.

2. If contributions have been made in respect of persons excluded from the scope of the Social Security system, they shall not have any effect and the persons in respect of whom such undue fees have been entered shall have (a) whether or not they have been paid maliciously, they shall be entitled to the repayment of the benefits, after deduction, in any event, of the amount of the benefits which would be unduly paid, provided that one and more are not older than the last five years.

3. The effects referred to in the preceding paragraphs are without prejudice to the rights which may be granted to the persons concerned in order to require the remuneration, compensation and liabilities of any order to be taken in law and shall be in addition to the provisions of Article 57 (2) of this Regulation.

Article 60. Effects of high indue.

1. The high inapplicable in a system of the social security system of persons who must not be included in the field of application of any of them shall have the effects indicated in the previous article for the improper affiliations.

2. The high undue burden in a system of the social security system of persons included in the field of application of another different scheme shall be valid until the date fixed in the administrative decision declaring the previous discharge to be undue and, in its defect, until the last day of the month of its notification.

Quotations made in accordance with the rules of the Regime in which the discharge is declared undue shall be computed reciprocally, for the purposes of the protection concerned, with those of the Conditions of Inclusion.

3. The provisions of the foregoing paragraphs are without prejudice to the claims or refunds of quotas and benefits which, where appropriate, are based on the cause of invalidity or invalidity, between those laid down in the Articles 62 and 63 of Law No 30/1992 of 26 November 1992, for which the discharge is undue.

Article 61. Effects of undue casualties.

1. The administrative decision which declares the absence of the discharge in any of the Regulations of the Social Security System shall determine that the worker or equivalent to which he or she refers is considered to be on the high, for all purposes.

1. No. If the discharge is declared undue for the purpose of injuring the essential content of the rights and freedoms amenable to constitutional amparo, having been agreed by a manifestly incompetent organ by reason of the matter or of the territory, which is impossible to contain, constitute a criminal offence or be carried out as a result of criminal offence, has been issued without total and absolutely the procedure laid down for that purpose in this Regulation and other provisions (a) supplementary or dealing with a totally contrary to the legal order by Without the essential requirements for the same, the worker will be considered to be on the high level since that cause.

During such a period of low declared undue the obligation to list, the quotas corresponding to such period should be claimed in the terms established in the General Regulation of Collection of Resources. of the Social Security System and other supplementary provisions.

2. When the discharge is declared undue by any other cause other than those determined in the preceding paragraph 1, the worker shall be considered to be in discharge since the administrative procedure has been initiated. (i) the reduction of the obligation to list during that period and, where appropriate, the corresponding quotas shall be claimed.

3. Whatever the cause for which the discharge is declared undue, in the event that the provision of services, the exercise of the activity or the related situation continues, the obligation of the (a) to be listed in the course of the absence of any undue payment, and the relevant quotas shall be claimed as long as they are not earlier than the last

years

4. In the cases referred to in the preceding paragraphs, the actions to be carried out on the basis of such contributions shall be made, in order of the protective action.

5. When the wrongful discharge, whatever the cause of the discharge, would have occurred with dolo, negligence or late payment, it shall also be applied as laid down in Article 57 (2) of this Regulation.

2. The declared losses due to a final judicial decision shall have the effect that the same shall determine and, failing that, the criteria laid down in paragraph 1 above shall apply.

Article 62. Effects of undue data variation.

When changes in the data relating to employers and workers or assimilated persons are inappropriate, the corresponding data shall be rectified in the working documentation systems at the General Treasury of the Social security with effect from the communication of the same or, where appropriate, from the date indicated in the decision which has been declared to be undue, regardless of the application, where appropriate, of the provisions of Article 57 (2) of this Regulation.

CHAPTER IV

Impeachments

Article 63. Rule of thumb.

1. In the procedures relating to the matters covered by this Regulation, resolution shall be given within the maximum period of 45 days.

2. The acts of the General Treasury of Social Security in matters governed by this Regulation, whose management is attributed to it, may be challenged in the form and time limits laid down in the recast text of the Law of Labor Procedure, approved by the Royal Legislative Decree 2/1995 of 7 April.

Additional disposition first. Dates of enforceability and availability of the Social Security number and the identification document. Agreements on the issue of the document.

1. In the field of application laid down in Article 1 of this Regulation, the Secretary-General for Social Security, acting on a proposal from the Director-General of the General Treasury, shall determine, on the basis of the management possibilities, the dates of the allocation and enforceability of the Social Security number and in which the identification of situations in social security covered by Articles 21 and 22 shall be provided.

2. If, pursuant to agreements with the health authorities responsible for the management of health care for social security, it is agreed to issue a single document covering both the supply of health benefits and the as referred to in Article 22 of this Regulation, the data contained in the single document relating to the organisation and management of health care shall be as set out in those Conventions.

Additional provision second. Collaboration of the Social Institute of the Navy in the management of the subjects of the Regulation with respect to the workers of the sea.

In order to maintain the necessary unity of action and coordination with the maritime-fishing sector for the peculiarities that in the same concourse, the Social Institute of the Navy will collaborate with the General Treasury of Security Social in the processing of the registration of employers, affiliation, formalization of the document of association for the protection of accidents of work and occupational diseases or of coverage of the temporary disability benefit common contingencies, rating, ups, downs and variations of workers included in the Special Regime of the Social Security of the Workers of the Sea in the terms established in this Regulation, being able to carry out all the necessary annotations for the fulfillment of its functions in the Records integrated in the file general as referred to in Article 52 of this Regulation in respect of the Special Regime.

Additional provision third. Special School Insurance Regulation. Obligation on schools to facilitate the provision of student relations.

1. This Regulation shall not apply to the collective included in the field of application of the School Insurance Regulation, except as provided for in Article 16, but shall continue to be governed by the Law of 17 July 1953 on establishment of the School Insurance in Spain, the Joint Order of the Ministry of National Education and of the Ministry of Labour of 11 August 1953, approving the Statutes of the Mutual School Insurance and other supplementary provisions.

2. Schools where the enrolment, whether ordinary or extraordinary, of pupils included in the field of application of the School Insurance Scheme shall be made available to the General Treasury of Social Security shall be the ratio of pupils enrolled in the school. the same, within the month following the closing of the respective registration period, stating the number of the Social Security, the number of the national identity document and the name of each student.

Additional provision fourth. Special regulation of the effects of high levels of unemployment, vocational training and the salary guarantee fund.

The effects of the high inapplicable in any of the Social Security Regulations which include in their field of application workers, in order to the contribution and protection of unemployment, vocational training and protection of the Salarial Guarantee Fund shall be governed by its specific rules.

Additional provision fifth. Enabling the implementation, modification and completion of modelling for the implementation of the Regulation.

The General Directorate of the General Treasury of Social Security is empowered to establish and, where appropriate, modify the modeling necessary for the application of the provisions of this Regulation, with the exception of the official model of the Book of Matriculation and of the Role of the Vessels, as well as to dictate the instructions necessary for the implementation and completion of the vessel, in accordance with the provisions of this Regulation and other implementing provisions development.

Additional provision sixth. Agreements on the allocation of Social Security number.

The General Treasury of Social Security shall extend the allocation of the Social Security number referred to in Article 21.1 of this Regulation to the members and beneficiaries of the Special Regulations of Officials Civil servants of the State, Armed Forces and Officials at the service of the Administration of Justice, by means of agreements to the effect concluded between the General Treasury and the managing bodies of the indicated Special Regiments.

First transient disposition. Option for the coverage of companies subject to the provisions of Article 204.2 of the General Law on Social Security of 30 May 1974.

With regard to the provisions of Article 14 (4) of this Regulation, all those undertakings which, at the entry into force of Law 4/1990 of 29 June 1990, of the General Budget of the State for 1990, have formalised the coverage of occupational accident and occupational disease contingencies with a social security management body pursuant to Article 204 (2) of the recast text of the General Law on Social Security, of 30 May 1974, may be disassociated from the said entity, associating themselves with the same purpose and without continuity of a mutual accident of work and occupational diseases of social security with effect from the first day of the second month following the month in which the cessation is requested.

Second transient disposition. Temporary exclusions from previous affiliation and high.

1. The provisions of Articles 27 (2) and 32 (3.1) of this Regulation, in respect of the time-limits for applying for membership and initial or successive high-ups, shall not apply to professional taurines, or to collective agreements. included in the General Regime's Special Systems, nor to the self-employed or self-employed, for whom, until the management possibilities allow the application of the time limits laid down in this Regulation, applying the time limits laid down in its specific rules and, in the Special Workers ' Regime Self-employed persons, the one of the 30 calendar days following that in which those obligations were born.

2. The concurrence of this possibility will be determined by the General Secretariat for Social Security, on a proposal from the General Directorate of the General Treasury of Social Security.

Additional provision third. Dates of application of the high delays in the Special Regime of Autonomous Workers and of the ups and downs in that Regime and in that of the Employees of the Home.

1. The effects which, for the contributions corresponding to periods prior to the formalisation of the discharge in the Special Scheme for the Own or Autonomous Account Workers, are provided for in Article 47 (2.1) of this Regulation. only apply from 1 January 1994 and for the situations of formalisation of the discharge which have occurred from that date.

2. The other effects which for the high and low in the Special Regime of Workers for Account Own or Autonomous and in the Special Regime of Home Employees are set out in Articles 35, 47 and 49 of this Regulation in order to the obligation of (a) to be listed and, where appropriate, in order of the protective action of one and the other of those Special Regims, shall apply only from 11 December 1994 to situations which have been formalised after that date.

Single end disposition. Implementing and development standards.

The Minister of Labour and Social Security is empowered to make any general provisions necessary for the implementation and development of the provisions of this Regulation.