Royal Decree 1043/1985 of 19 June, extended to the members of worker cooperatives the unemployment protection to the cases of termination of the work, with a definitive nature, due to expulsion (i) any economic, technological or force majeure, as well as in the event that the applicant's applicants do not complete their probationary period.

This important policy advance, with which effective protection was guaranteed against the contingency of job losses by the workers ' partners, did not include the unemployment situation among their assumptions. In the case of a temporary cessation in the provision of work, or partial unemployment for the reduction of the ordinary working day of at least one third party, as stated in the Royal Decree of 20 June 1994 of 20 June 1994, the the recast text of the General Law on Social Security.

Now, in Law 3/1987, of April 2, General of Cooperatives, the possibility of temporary suspension for, among others, economic, technological or force majeure, is collected in its article 122. Also, with the publication of Royal Decree 225/1989 of 3 March, it was established that the incorporation of worker worker cooperatives associated with the social security system would be carried out on the same terms and the conditions governing the common of the collectives which form part of the field of application of the scheme concerned.

By virtue of the authorization contained in the fifth final provision of the recast text of the General Law on Social Security and to extend the provisions contained therein on unemployment protection to the cases of cessation of the provision of work on a total and temporary basis, or partial, thus completing the provisions of Royal Decree 1043/1985 of 19 June 1985 on the proposal of the Minister for Labour and Social Security, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 19 January 1996,

DISPONGO:

Article 1.

Partner worker worker worker partners, included in the General Social Security Regime or some of the special schemes that protect unemployment contingency and meet the required requirements Article 207 of the recast text of the General Law on Social Security, adopted by the Royal Decree of Law 1/1994 of 20 June, shall be deemed to be in the legal situation of unemployment when for economic, technological or force majeure reasons, duly accredited, are in any of the following assumptions:

1. They shall have ceased, on a temporary basis, in the provision of work in the cooperative, with the result that they are deprived of the employment advances accredited by that benefit.

2. A temporary reduction in the working day of at least one third of the work, provided that the advances in work resulting directly from that benefit are the subject of the same reduction and that the resulting reduced working day does not exceed Twenty-six hours per week in annual computation.

Article 2.

For the declaration of the legal status of unemployment of the worker worker cooperative members associated, in the assumptions regulated in the present Royal Decree, it will be necessary that the economic, technological or force majeure on the basis of such a declaration is duly established by the labour authority, subject to the mandatory report of the Labour and Social Security Inspectorate, in accordance with the procedure laid down in the first provision.

It will be up to the National Employment Institute to declare recognition, suspension, resumption and extinction of the right to unemployment benefits.

Final disposition first.

The procedure for the declaration of a legal status of unemployment in the modalities referred to in Article 1 shall be that provided for in Article 4 of Royal Decree No 1043/1985 of 19 June 1985 introducing the following modifications:

1. Paragraph 3 (b) is worded as follows:

" b) Name and registered office of the cooperative, registration number in the Social Security, centre or job centres and number of employed and employed members employed in each, detailing their craft, category or professional group, as well as the modality of his employment contract for employed persons. "

2. Paragraph 4 is worded as follows:

" 4. In the case of initiation, the cooperative must accompany the following documents:

(a) Literal certification of the general assembly agreement of the total and/or partial suspension, or definitive cessation, of the work of the workers.

In the case of suspension, certification issued by the Secretary of the Cooperative, with the approval of the President of the Rector Council, in which the duration of the working day is credited and, in their case, the irregular distribution of the same throughout the year of the working partners included in the relationship referred to in the following paragraph.

b) the relationship of the working partners whose unemployment claim is requested, indicating the national identity card numbers, the membership of the social security system, the date of entry into the cooperative, the speciality, category or professional group and express declaration, in the case of the total and/or partial suspension of the day, of each of the persons concerned about the duration of their working day during the six months preceding the date of the application.

If the employees of the cooperative are affected by a file of employment regulation, express summons will be made.

(c) Explanatory note to the supporting evidence of unemployment and the evidence to which it is deemed necessary. Where the cause is economic, the balance sheets and the profit and loss accounts of the last three years duly approved by the competent bodies shall also be provided. In any case, a report should be provided on the financial, productive, commercial and organizational aspects of the cooperative.

(d) Express Justification of the duration of the requested suspension, if any.

(e) Interim Plan of Business Actions for the Recovery of Employment by the Rector Council and approved by the General Assembly, accompanied by a proposal for periodic monitoring to be carried out by the Labour Authority, on a proposal from the Labour and Social Security Inspectorate. "

Final disposition second.

In the absence of expressly provided for in this Royal Decree, the general provisions of the recast text of the General Law on Social Security, adopted by Royal Legislative Decree 1/1994, of 20 May, will apply. In June, and in particular, in Royal Decree 1043/1985 of 19 June, the protection of the worker's worker members of the worker cooperatives is extended by the protection of the unemployment contingency.

Final disposition third.

The Minister of Labor and Social Security is authorized to lay down the necessary rules for the development and application of this Royal Decree.

Final disposition fourth.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid on January 19, 1996.

JOHN CARLOS R.

The Minister of Labour and Social Security,

JOSE ANTONIO GRINAN MARTINEZ