JOHN CARLOS I,

KING OF SPAIN

To all that present and understand,

Sabed: that the General Courts have approved and I come to sanction the following Law:

recent years, Spanish society has experienced a progressive deterioration in employment and an accelerated growth in the number of people suffering from unemployment. The duration of the crisis and the processes of economic renewal which it requires are also reflected in an extension of the period of time that displaced workers take to find a new job.

in addition, successive cohorts of young people who have completed their educational stage have not managed to start their working life, which is a very serious individual and social problem, and the consequences of which are not to be remedied. situation-they would be exacerbated in the future.

Western societies, which also experience these problems, have witnessed during these years of economic difficulty the progressive decomposition of their systems of protection to unemployment. These systems had been conceived as temporary mechanisms of protection against unemployment, which is also called "frictional unemployment". The emergence of the phenomenon of unemployment has undermined the mechanisms for the financing of these systems for the protection of unemployment by combining the accelerated growth of financial needs with the emergence of serious difficulties for It is also necessary to lay down the necessary resources, as a result of the low economic growth and the financial imbalances that accompany the crisis.

in order to break this vicious circle of unemployment, we have had to resort during the crisis phase to readjustments in the protection system, both in terms of income and in terms of expenditure. In Spain such adaptation was carried out through Law 51/1980, of 8 October, Basic Employment. Its implementation has led to a steady decline in the proportion of unemployed persons receiving the various benefits, up to a level of not more than 30% of the total unemployed. The cause of this decline is to be sought in the existence of significant groups excluded from the legal system of protection for unemployment, whose importance has not ceased to grow over time, introduced at a time when the duration of the The next door has not ceased to be prolonged.

The strategy put forward by the government to combat this situation rests on three pillars:

(a) Make the most of the job creation effort, taking advantage of all the possibilities of the general economic recovery, so that the growth of unemployment can be stopped and the number of unemployed.

b) Eliminate the rigidities in the regulation of recruitment to facilitate the access of the unemployed to new jobs, which is carried out through the modification of the Workers ' Statute-submitted At the same time, with this Law to the Courts, at the same time the use of measures for the promotion of the recruitment of specific groups that encounter particular difficulties in accessing employment.

(c) Proceed to a progressive increase in unemployment coverage in order to alleviate the social consequences of unemployment, the disappearance of which is not foreseeable in the short term. At the same time, this increase in coverage should help to soften the social consequences of increased mobility in employment, which is necessary to consummate the adjustment.

The achievement of the objectives of the government program must be carried out with simultaneous progress on these three fronts of action. Moreover, the objectives of protection will be all the more achievable as soon as the reduction in unemployment is made progress, since any reduction in the protection of the collective will make it easier to finance the protection measures and, especially, if all this occurs in a context of economic reactivation.

The improvement and improvement of the unemployment protection system proposed in this Law, however, have a limited scope, since they are aimed primarily at the temporary extension of the perceptions, although it is also provide for some progress in extending the protection of currently unprotected sectors. However, the Law provides for improvements in both areas as long as the financial possibilities of the system so permit.

In addition, the Law provides for the correction of partial aspects of the protection system that have been demonstrated to be dysfunctional through the experience acquired, with the following fundamentally being the following:

(a) The problems of financing the system, resulting from the growing cost of benefits as a result of the steady rise of the unemployed, which requires the financial structure to be rationalised.

b) The problems arising from the basically contributory nature of the system, which highlight the inadequacy of insurance techniques to protect the high number of unemployed people at the moment; and require the search for supplementary protection mechanisms of the contributory level in order to correct the deficiencies observed.

(c) The problems arising from the management of benefits, which result in delays or delays in the recognition and payment of benefits and which require the rapid adoption of measures for the correction of such delays, which are socially serious.

For all of which, and according to the government program, the proposed reform is based on the following criteria:

1. The Law on the Protection of Unemployment-as its own name indicates-regulates exclusively the coverage of this contingency and therefore modifies only Title II of the Basic Law on Employment, in addition to its current article.

2. A taxonomic point of view is applied, systematically ordering the normative nuclei and leading to the legal text precepts that had previously been referred to the regulatory development and which to affect subjective rights could distort, eventually, the content of the protection. On the contrary, the legal provision of purely instrumental aspects of regulatory standards has been discharged.

3. The Law, for the economic and financial reasons mentioned above, continues to provide protection only to persons who are unemployed as a result of the loss of a previous job or the reduction of the ordinary working day. (Article 1). Only as a trend is the scope of the coverage of the collective integrated by the claimants of first employment or by those who, while leaving a previous job voluntarily, are projected to be in a lasting state of unemployment at the same time. find new placement within a reasonable time. The Government is therefore authorised to extend the coverage to other groups by way of regulation (Article 3 (4)).

However, it should be noted, especially, a novelty that introduces the Law that implies, at the same time as a substantial qualitative change in the traditional concept of protected unemployment, the determined will of this Government to make effective, to the extent permitted by our national reality, the commitments acquired since the ratification of the ILO Convention number 44, by Instrument of 8 April 1971 ("Official State Gazette" of 18 May 1972). In this sense, it is removed from the concept of protected unemployment the note of involuntary loss of the previous job, adjusting the regulation to what is established in the said convention and suspending the right to receive the unemployment benefit for a period of three months, where the legal status of unemployment occurs as a result of a dismissal declared from the judgment of the social court [Article 1 (1), (c), and 7, 1].

Are protected under the new text:

(a) employed persons who lose a previous job or have reduced their ordinary working day, falling within the general scheme or in the special schemes provided for in that contingency (Article 3); relationship to Article 1.).

(b) Persons engaged under administrative law and employment officers in the service of general government, who are scheduled to be listed for the unemployment contingency.

(c) the penados who have been released in compliance with the provisions of Article 35 of the Organic Law 1/1979 of 26 September ("Official State Gazette" of 5 October), General Penitentiary.

4. The protection is structured in two levels: the contributory and the care.

The contributory level comprises:

(a) Economic benefits for total and partial unemployment.

(b) The payment of the social security contributions in the case of termination of the contract. Where the legal status of unemployment derives from a suspension or reduction of working time, the Management Entity shall pay only the contribution corresponding to the worker (Article 4 (1) in conjunction with Article 12).

The level of care includes:

(a) Unemployment allowance.

b) The provision of healthcare.

(c) The payment of social security contributions corresponding to health care benefits, protection of the family and, where appropriate, retirement (Article 4, 2, in conjunction with Article 14, 2).

What's new in the contributory level is the following:

(a) As regards the requirements for entitlement to the benefit, the effect of the expiry of the period granted for registration in the Employment Office, as a jobseeker, is eliminated, which is an important indirect route to extend the coverage level. However, the applicant shall lose as many days of delivery as they mediate between the time of birth of the same and the time to register, if he has not done so within the legal period (Article 5, in conjunction with Article 7).

b) The legal situation of unemployment is clarified and systematised, either by extinction or suspension of the contract or by reduction of the working day, leaving to the regulatory development the way to credit the aforementioned situations (Article 6).

c) The duration of the benefit duration is extended based on the time quoted. In the lower tranche, three months 'benefit is entitled to those who credit six months' worth of contributions (at the LBE's required to be quoted for more than six months), raising the duration of the benefit to 24 months where forty-eight months ' contributions are credited (Article 8., 1).

(d) For the determination of the quoted occupation period, account is taken of all contributions which have not been taken into account for the recognition of an earlier right (Article 8., 2), while on the LBE the contributions is calculated, only from the moment when the previous right is extinguished, which is why the contributions made when the worker alternated periods of benefit and work, in the same or different undertaking, for a period of less than six years months, for the purpose of generating a new right.

(e) The amount of the benefit is guaranteed to be at least, in general, equal to the minimum inter-professional salary. As a counterpart, the maximum ceiling for the benefit is reduced, also in general, from 220 to 170% of the inter-professional minimum wage, although it can be raised to 220% depending on the number of children (Article 9., 3).

What's new in the care level is:

A) The payee condition is extended:

-To those who are unable to access the contributory level for not having the minimum contribution period covered, provided that they have been listed for at least three months.

-To those who cannot access the contributory level and have been released for compliance with conviction or for remission of punishment.

-To workers over the age of fifty-five years, even if they do not have family responsibilities, provided that they are afraid of being able to meet the requirements, except age, to access any type of retirement. In this case, the Management Entity shall make the contribution for the old-age contingency (Article 13, 2).

-To those who have been declared fully capable or partial invalids as a result of a review file for improvement of a situation of great invalidity, absolute or total permanent invalidity.

(b) For the duration, the aid shall be granted for six months, extended for six-monthly periods, up to 18 months, where the holders of the allowance have exhausted the unemployment benefit or have the status of migrants returned or released for compliance with conviction or remission of conviction. Where the holder is more than fifty-five years of age, the allowance shall be extended until he reaches the age of entitlement to the retirement pension in any of its forms. Finally, the duration of the allowance shall be proportional to the period of unemployment for not having covered the period of unemployment for not having covered the minimum contribution period (Article 14, 3, a).

5. The birth, suspension and termination of the various benefits provided for in law (Articles 7, 10, 11, 15 and 17) are unificated and simplified.

The regime of suspension of the right is diversified as it causes circumstances that show the will or not for the work. In the second case, the suspension of the right has resulted in the loss of the benefit during the time of suspension, while in the first one is suspended, proper, the period of perception, resuming when the cause of the suspension ceases (Article 10, 2).

The refusal, for the second time, to participate in social collaboration, employment programs or training actions or to accept a suitable job offer, is configured as a cause of extinction [article 11, b)].

6. The hypothesis of a concurrency of unemployment situations and the temporary incapacity for work is contemplated. If the situation of temporary incapacity for work is brought to an end, unemployment shall not be taken out of the period of receipt of unemployment benefit as long as the worker has remained in a situation of temporary incapacity for work; where the worker is unemployed and is unable to do so, the latter does not suspend the period of receipt of the unemployment benefit (Article 19).

7. In terms of funding, the level of the contribution is distinguished. The economic benefit of the contributory level is financed by the contribution of employers and employees. The unemployment allowance and the provision of health care, as well as the social security contributions corresponding to the contributory and assistance benefits, will be financed exclusively from the State (Article 20).

8. The Law contains an important forecast in relation to the best management and rapid recovery of unemployment benefits. The managing body, provided that the application is made with all the requirements, must recognise the right within the next 15 days and, in addition, the managing body is expected to be able to directly assume the payment in the case of the partial unemployment when, in the light of the situation of the company, there are serious risks to the effectiveness and timeliness of the workers ' recovery (Article 23).

9. In Title V, corresponding to obligations, infringements and penalties are systemized both those concerning employers and workers, establishing correlation between the obligations and the behaviors that are typified as infractions.

The competition is distributed to impose sanctions on workers, avoiding the duplicity of channels that in the matter of suspension of the right existed in the Basic Law of Employment that determines, if necessary, the certainty of the impeachment proceedings to follow.

The violations that are sanctioned with the suspension of the right are those that involve non-compliances directly established by the Gestora Entity and will be imposed by it, being recourse to the Labor Magistrate. On the other hand, infringements punishable by the termination of the right are imposed, on the proposal of the Labour Inspectorate, by the Provincial Directors of Labour and Social Security, and the decision to be made will be subject to the Director General of Employment and exhausted the administrative route, administrative-administrative action (Articles 28 and 30).

10. Finally, the transitional provisions of the Law governing and trying to avoid, as far as possible, the comparative grievances which for the unemployed would result in the application of this Law. In this sense, three situations are distinguished:

(a) Those who are receiving the benefit or the unemployment benefit on 1 January 1984 shall be governed by the legislation preceding all the effects, except in respect of the duration of the benefit or the allowance ( Transitional first).

(b) Those who were registered with the applicants for employment on 1 November 1983 had exhausted the unemployment benefit under the General Social Security Act and would not have received the benefits (ii) additional measures to be taken as a result of the national employment agreement, or workers aged over 50 and over five years, shall be entitled to unemployment benefit under the terms laid down in the Act (Second Transitional Provision).

c) Those who have been registered as jobseekers since, at least on 1 November 1983, have exhausted the supplementary benefits, shall be entitled to such benefits for a maximum period of nine months (Disposition Transitional third).

PRELIMINARY TITLE

Article first.-Object of protection.

1. The purpose of this Law is to regulate the protection of the unemployment contingency in which those who, being able and willing to work, may lose their job or have reduced their ordinary working day, in the terms provided for in the Article 6. of this Law.

2. Unemployment shall be total when the worker ceases, on a temporary or permanent basis, in the activity which he or she was developing and is subsequently deprived of his/her salary.

3. Unemployment shall be partial where the worker is temporarily reduced to his ordinary working day, at least one third, provided that the salary is the subject of a similar reduction.

Article 2.-Protection levels.

1. Unemployment protection is structured at a contributory level and at a level of care, both of a public and compulsory nature.

2. The purpose of the contributory level is to provide substitute benefits for the income earned from the loss of a previous job or the reduction of the working day.

3. The level of care, which is complementary to the previous level, guarantees the protection of unemployed workers who are in one of the cases covered by Articles 13 and 16.

Article 3.-Protected persons.

1. For the purposes of this Regulation, the following shall be included in the protection of workers employed under the general scheme of social security, and the staff employed under administrative law and employment officers at the service of the Public administrations that are scheduled to be listed for this contingency.

2. They shall also be covered by the special features to be provided for in regulation, the employed persons covered by the special social security schemes which protect such a contingency.

3. Unemployment protection will also be extended under the conditions laid down in this Law, to the penalties that would have been released.

4. The government may extend the coverage of the unemployment contingency to other groups, under the conditions to be determined by regulation.

Article 4.-Protective action.

1. The unemployment protection shall comprise the following

:

One. At the contributory level:

a) Total or partial unemployment.

(b) Abono of the contributions of a company and a worker corresponding to social security contributions during the receipt of unemployment benefits, except where the undertaking continues with the obligation to list its specific contribution.

Two. At the care level:

(a) Unemployment allowance.

(b) Abono of social security contributions corresponding to health care contingencies, protection of the family and, where appropriate, retirement, during the receipt of unemployment benefit.

(c) Health care stations referred to in Article 16 of this Law.

2. In addition to the benefits provided for in the previous issue, specific training, training, guidance and retraining measures will be carried out in favour of unemployed workers.

TITLE FIRST

Contributory level

CHAPTER FIRST

General rules

Article 5.-Requirements for the birth of the right to benefits.

1. In order to be entitled to unemployment benefits, the workers referred to in Article 3 shall meet the following requirements:

to be affiliated with social security and in a situation of high or assimilated to the high in the cases that are regulated.

(b) Have a minimum period of contribution of six months within the four years preceding the legal unemployment situation or at the time the obligation to list is terminated.

c) Find yourself in a legal unemployment situation.

(d) Failure to comply with the ordinary age required in each case to claim entitlement to the retirement pension, unless the worker is not entitled to the period of contribution required for this purpose, or suspension of working relations or reduction of working time authorised by administrative decision.

2. The competent management body shall pay the unemployment benefits in cases where the obligations of affiliation and discharge are not complied with, without prejudice to the actions which it may take against the infringing undertaking and the the liability of the person concerned for the benefits paid.

Article 6.-Legal status of unemployment.

1. Workers who are included in one of the following cases shall be in a legal position of unemployment:

One. Quando se extinga su relatando laboral:

(a) Under the employment regulation file.

b) By death, retirement or incapacity of individual employer, when determining the termination of the contract of employment.

c) By dismissal from or from. In the case of dismissal, the judgment of the social court will be necessary.

(d) For the expiration of the time agreed upon, the work or service subject to the contract shall be carried out, provided that such causes have not acted upon the worker's complaint.

g) By resolution of the employment relationship during the trial period at the employer's request.

Two. When their employment relationship is suspended under the terms of the employment regulation file.

Three. Where the working day is reduced by a third party, the working day shall be reduced, subject to the corresponding administrative authorisation.

Four. Where fixed workers of a discontinuous character are not effective in terms of employment, in terms which are laid down in regulation.

Five. When workers return to Spain for the removal of the employment relationship in the foreign country, provided they do not obtain unemployment benefit in that country and credit sufficient contributions before leaving Spain.

2. Workers who are in the following cases shall not be considered to be in a fair state of unemployment:

One. Where they voluntarily cease at work, except as provided for in 1.1 (e) of this Article.

Two. Where they have been terminated and do not claim timely and timely business decisions, except as provided for in point 1.1 (d) of this Article.

Three. Where the dismissal by a firm judgment and communicated by the employer to the date of return to work is inadmissible or void, the worker is not entitled to such a right, or the action envisaged in the case shall not be made, where appropriate. Article two hundred and nine of the Law of Labor Procedure.

Four. Where they have not applied for reentry to the job in the cases and time limits laid down in the legislation in force.

Article 7.-Application and birth of the right to benefits.

1. Persons who satisfy the requirements laid down in Article 5 of this Law shall apply to the competent Gestor Entity for the recognition of the right to benefits arising from the legal status of unemployment. provided that it is requested within the following 15 days. The application shall include the registration as a jobseeker if the application had not previously been made.

2. Those who prove that they comply with the requirements laid down in Article 5 but submit the application, after the period of 15 days referred to in No 1 of this Article, shall be entitled to the recognition of the benefit from of the date of the application, losing as many days of delivery as medien enters the date that the birth of the right to have been requested in time and form has taken place, and that in which the application had indeed been formulated.

3. In the case of dismissal, the worker must remain registered as a jobseeker for a waiting period of three months from the time of the judgment after which the right will be born, provided that he is asked to the conditions laid down in the preceding numbers.

CHAPTER II

Unemployment benefits

Article 8.-Duration of the benefit.

1. The duration of the unemployment benefit shall be on the basis of the periods of occupation listed in the four years preceding the legal unemployment situation or at the time the obligation to list is terminated, according to the following scale:

Listing Period * Benefit Period-Months *

From 6 to 12 months * 3 *

From 12 to 18 months * 6 *

From 18 to 24 months * 9 *

From 24 to 30 months * 12 *

From 30 to 36 months * 15 *

From 36 to 42 months * 18 *

From 42 to 48 months * 21 *

48 months * 24 *

This scale may be amended by the government, after reporting to the INEM General Council, depending on the unemployment rate and the possibilities of its financing arrangements.

2. For the purposes of determining the period of occupation referred to in the preceding number, account shall be taken of all contributions which have not been taken into account for the recognition of an earlier right. Contributions shall not be taken into account for the time of payment of the benefit carried out by the Management Entity or, where applicable, the undertaking.

3. Where an undertaking is authorised to reduce the number of days and hours of work or to suspend contracts on an ongoing basis or not, for a period of less than six months, and subsequently the termination of the contract shall be authorised by administrative decision. contracts, workers affected by such authorizations shall be entitled to unemployment benefit without the time during which they have received partial or total unemployment under the maximum duration of the period during which they have been paid those, provided that they do not measure a period of more than one year after the end of the suspension or reduction and the effectiveness of the authorised extinction.

4. Where the right to benefit is extinguished by the holder of a job of longer than six months, the holder may choose, in the event that a new benefit is recognised, between reopening the initial right for the period which he or she was entitled to the bases and rates corresponding to the benefit generated by the new contributions made.

Article 9.-The benefit of the benefit.

1. The basis for the unemployment benefit shall be the average of the base for which it has been listed for that contingency during the last six months of the period referred to in Article 1 (1). 2. The amount of the benefit shall be determined by applying to the regulatory base the following rates: 80% for the first six months; 70% from the seventh to the twelfth month, inclusive, and 60% from the Thirteenth month.

3. The amount of the unemployment benefit shall in no case be less than the amount at the time of the right of birth of the interprofessional minimum wage, including the proportional share of two extraordinary pages, and not more than 170 per (a) a maximum of 100% of that amount, unless the worker has dependent children, in which case the maximum ceiling may be increased by up to 220% depending on the number of children. In the case of unemployment for the loss of part-time work, the minimum and maximum amount of the benefit shall be determined, taking into account the minimum inter-professional salary corresponding to the worker in accordance with the hours worked.

4. The partial unemployment benefit shall be determined in accordance with the rules laid down in the preceding numbers in proportion to the reduction of the working day.

Article 10.-Suspension of the right.

1. The right to the receipt of unemployment benefit shall be suspended by the Management Entity in the following cases:

(a) For one month, when the holder of the right, upon request, does not appear before the Gestora Entity without justified cause.

(b) For six months, where the right holder rejects an offer of adequate placement or refuses to participate in social partnership work, in employment programmes or in training or retraining activities professional. Prior to the suspension, the worker shall be heard in order to explain his allegations.

c) While the rightholder is either providing the military service or performing a replacement social benefit from that service. The right shall not be suspended if the holder has family responsibilities and does not have any family income whose value exceeds the minimum inter-professional salary.

d) While the rightholder is serving time that implies deprivation of liberty. The right to the same assumption provided for in the previous paragraph shall not be suspended.

e) As long as the right holder performs a job of less than six months.

2. The suspension of the right to the benefit shall result in the interruption of the payment of the benefit and shall not affect the period of receipt except in the cases referred to in paragraphs (a) and (b) of the preceding number in which the period of receipt is reduce for a time equal to that of the suspension to which there is a place.

3. For the purposes laid down in this Law, appropriate placement shall be understood to correspond to the usual profession of the worker or any other who fits the professional, physical and training skills of the worker and does not involve change from your usual residence, unless you have the possibility of appropriate accommodation at the place of the new job. In any case, the appropriate placement shall be deemed to be the same as the last work activity performed.

4. The social partnership works which the Management Entity may require from the recipients of unemployment benefits, under the conditions which they regulate, must meet the following requirements:

a) To be of social utility and to be in the benefit of the community.

b) Having a temporary character.

c) Match the physical and professional skills of the unemployed worker.

d) Do not assume change of habitual residence of the worker.

Article eleventh.-Extinction of the right.

The right to perceptions of unemployment benefit will be extinguished in the following cases:

a) Exhaustion of the duration of the benefit.

b) unfounded rejection or refusal, for the second time, of an offer of adequate placement or participation in social collaboration, employment programmes or vocational training or retraining.

c) The penalty for infringement provided for in Article 30. Subject to the termination of paragraphs (b) and (c), the worker shall be heard in order to explain his arguments.

(d) Realisation of work of a duration equal to or greater than six months, without prejudice to the provisions of Article 8 (4).

(e) Compliance by the holder of the right of the ordinary retirement age with the provisos laid down in Article 5 (d).

f) To become a pensioner in retirement or for total or absolute invalidity or for great invalidity. In these cases of invalidity, however, the beneficiary may choose the most favourable benefit.

g) Transfer of residence abroad, except in cases that are regulated by law.

Article twelfth.-Quotation during the unemployment situation.

1. During the period of receipt of the unemployment benefit, it is for the Management Entity to make contributions to the corresponding social security scheme, including the contribution of the company and the contribution of the company. worker.

2. In the event of a reduction in the day or the suspension of the contract, the company shall enter the corresponding contribution from the Management Entity only for the employee's contribution. The Labour Authority may exempt from this assumption the reductions or suspensions of working hours resulting from force majeure.

3. Where the employment relationship has been extinguished, the contribution to social security shall not include the fees for unemployment, accidents at work and occupational diseases, wage guarantee fund and vocational training.

TITLE II

Care level

CHAPTER FIRST

Unemployment Allowance

Article 13th.-Beneficiaries.

1. Unemployment benefit will be paid by unemployed persons who are registered as jobseekers, without having refused to offer adequate employment within one month and without income of any kind exceeding the amount of the interprofessional minimum wage, are in any of the following situations:

a) You have exhausted unemployment benefit and have family responsibilities.

b) Being a migrant worker who, having returned from abroad, is not entitled to unemployment benefit.

e) Being in a legal situation of unemployment, not being entitled to the benefit for not having covered the minimum period of contribution, provided that it has been listed for at least three months and has family responsibilities.

(d) You have been released for compliance with conviction or remission of sentence and not entitled to unemployment benefit.

e) Having been declared fully capable or partial invalid as a result of a review file for improvement of a situation of absolute or total permanent invalidity.

2. Similarly, workers over the age of fifty-five years, even if they do not have family responsibilities, will be eligible for unemployment benefit when they are in one of the cases referred to in the preceding number. who credit that at the time of the application they meet all the requirements, except age, to access any type of retirement.

3. For the purposes of this article, it is understood by family responsibilities to have at least the spouse or a family member for consanguinity or affinity up to and including the second degree.

Article 14.-The amount and duration of the subsidy.

1. The amount of the unemployment benefit shall be equal to 75% of the minimum inter-professional salary in force at any time.

2. In addition to the unemployment benefit, during the duration of the unemployment benefit, the Management Entity shall enter the social security contributions, corresponding to the health care benefits and the family protection, if any. In the case referred to in Article 2 of the previous Article, the Management Entity must also be listed for the old age contingency.

3. The unemployment allowance shall be for the following duration:

(a) Six months carry-over, for half-yearly periods, up to 18 months in the cases referred to in paragraphs (a), (b), (d) and (e) of the previous Article. In the case referred to in paragraph 2 of that Article, until the worker reaches the age of entitlement to the retirement pension in any of its forms.

(b) Where the worker is not entitled to unemployment benefit because he has not covered the minimum contribution period, the length of time shall be as follows:

-Three months of contribution, three months of subsidy.

-Four months of contribution, four months of subsidy.

-Five months of contribution, five months of subsidy.

(c) In the cases provided for in paragraph (b), if the right is recognised, the contributions accumulated by the worker may be taken into account for the recognition of a future right to the benefit of the contributory level, as provided for in Article 8 (2). In this case, the subsequent care delivery will be reduced in the same number of months as previously enjoyed, so that the total duration of the two allowances does not exceed the maximum of eighteen months.

4. The Government is authorised, after reporting to the INEM General Council, to amend the amount and duration of the allowance according to the unemployment rate and the financial possibilities of the system.

Article fifteenth.-Dynamics of the right.

1. The right to the unemployment benefit is born from the day following the application, reducing its duration in as many days as medien between the date on which the birth of the right to have been requested in time and form would have taken place, and the fact that the application was actually made.

2. The rules on suspension and termination laid down in Articles 10 and 11 shall apply to this benefit.

3. In the case referred to in Article 13.1 (c), in the case of dismissal, entitlement to the unemployment benefit is born from the day following that in which the waiting period of three months is met, from the situation in which the unemployment benefit is paid. legal unemployment, provided that it is requested in the time and form set out in the number 1 of this article.

4. The acceptance of a work of less than six months ' duration during the waiting period shall not affect the right to obtain the allowance, which shall be suspended until the end of the period.

CHAPTER II

Healthcare capabilities

Article sixteenth.-Payees.

Workers who have exhausted the unemployment benefit or allowance for the duration of the period shall be beneficiaries, including their family members, in respect of the provision of health care for social security, provided that meet the following requirements:

(a) Remain registered in an employment office.

(b) Not to have rejected an adequate placement offer from the time the corresponding performance was extinguished.

(c) Carage of income of any nature in excess of the minimum inter-professional salary.

d) Not entitled to healthcare for any other cause.

Article seventeenth.-Dynamics of the right.

1. The right to the provision of health care is born from the day following that in which the right to benefit or unemployment benefit was extinguished, provided that it is requested within 15 days of the date of termination; in another case shall be born from the day following the application.

2. The rules on suspension and termination, as provided for in Articles 10 and 11, shall apply to this benefit.

TITLE III

Performance Regime

Article eighteenth.-Incompatibilities.

1. Unemployment benefits or allowances shall be incompatible with self-employment or employment, except where the work carried out is part-time, in which case the proportion of the benefit shall be deducted from the proportion of the benefit worked.

2. They shall also be incompatible with the provision of pensions or economic benefits for social security, unless they have been compatible with the work which led to the unemployment benefit.

Article nineteenth.-Unemployment and temporary incapacity for work.

1. Where the worker is in a situation of temporary incapacity for work and during which his contract is terminated, for any of the reasons provided for in Article 6.1, he shall continue to receive the temporary incapacity for work until he has the situation is extingled, then to the legal situation of unemployment and to the corresponding provision, if it meets the necessary requirements. In this case, the period of receipt of the unemployment benefit shall not be deducted as long as it has remained in a situation of temporary incapacity for work.

2. Where the worker is receiving the total unemployment benefit and passes on to the situation of temporary incapacity for work, he shall receive the benefit of the latter in the amount equal to the unemployment benefit, except in the case of the temporary incapacity for work was higher, in which case the latter will receive the latter. The period of receipt of the unemployment benefit shall not be extended by the fact that the worker is subject to temporary incapacity for work. Social security contributions shall be paid by the Management Entity for unemployment benefits.

TITLE IV

Financial system and performance management

CHAPTER FIRST

Financial Regime

Article 20.-Financing.

1. The unemployment benefit of the contributory level covered by Title I shall be financed by the contribution of employers and employees.

2. The unemployment benefit and the provision of health care, as well as the social security contributions corresponding to the contributory and assistance benefits, will be financed exclusively from the State.

3. The unemployment contribution base will be the same as the one provided for occupational contingencies. The single rate applicable to that base shall be fixed by the Government.

CHAPTER II

Managing the capabilities

Article Twenty First. Entity Entity.

1. It is for the National Employment Institute to manage the functions and services arising from unemployment protection benefits and to declare recognition, suspension, termination and resumption of benefits, without prejudice to the powers conferred on the competent bodies of the Labour Administration in the field of sanctions.

2. The companies will collaborate with the Gestora Entity, assuming the delegated payment of the unemployment benefit in the cases and under the conditions that will be determined.

Article twenty-second.-Reintegrated of undue payments.

1. It is for the National Institute of Employment, both on a voluntary basis and on an executive basis, to demand the return of the benefits unduly paid by the workers and the reimbursement of the benefits of which the payment is directly responsible for the employer.

2. To this end, the National Employment Institute may arrange the services it deems appropriate with the General Treasury of Social Security or with any of the Public Administrations.

Article twenty-third.-Payment of benefits.

1. The Management Entity shall issue a reasoned decision, recognising or denying the right to unemployment benefits, within 15 days of the date on which the application was made in time and form.

2. The payment of the benefit shall be made by the Management Entity or by the company itself in the cases and under the conditions which it shall determine.

3. Where a programme for the promotion of employment so provides, the Management Entity may pay the current value of the amount of the contributory-level benefit at one time, corresponding to the period to which the worker is entitled as a function of the contributions made.

Article twenty-fourth.-Control of benefits.

Without prejudice to the powers of the competent services in respect of inspection and control in order to sanction infringements which may be committed in the perception of unemployment benefits, it is for the Entity Management shall monitor compliance with the provisions of this Law and check the situations of fraud which may be committed.

TITLE V

Obligations, Violations, and Sanctions Regime

Article twenty-fifth.-Employers ' obligations.

It's business obligations:

a) Listing for the business contribution to the unemployment contingency.

b) Enter your own contributions and those of your employees as a whole, being responsible for the fulfilment of the contribution obligation.

(c) Provide the documentation and information that are regulated for the purposes of recognition, suspension, termination or resumption of the right to benefits paid by the latter to workers when the The company would have been held liable for the benefit of having failed to fulfil its obligations in relation to membership, discharge or listing.

(f) Proceed, where appropriate, to the payment of the unemployment benefits.

Article twenty-sixth.-Workers ' obligations.

They are workers ' obligations:

a) Quote for the contribution corresponding to the unemployment contingency.

(b) Provide documentation and information that are regulated for the purposes of recognition, suspension, termination or resumption of entitlement to benefits.

(c) Participate in vocational training actions and in temporary social collaboration work to be determined by the National Employment Institute and to accept the appropriate placement offered by the Employment Office.

d) To appear before the National Institute of Employment at the request of the Institute.

e) Requesting the drop in unemployment benefits before reinstatement to work.

f) Reintegrate the improperly received benefits.

Article twenty-seventh.-Infractions of employers.

The actions or omissions contrary to the provisions of this Law and other legal provisions in the field of employment are infringements of the business owners.

1) They will be considered minor infractions:

Not to provide the Social Security Entities or the National Employment Institute with the documentation they are required to provide, inaccurately record the data, certifications or statements they submit, or not to complete these in accordance with the rules.

2. Serious infringements will be considered:

(a) Not to deliver the worker, in time and form the company certificate and any documents that are accurate for the processing of the unemployment benefit.

b) Not to be listed for the time and form of the unemployment contingency.

(c) Not to proceed in time and form to the delegated payment of the unemployment benefit.

(d) Do not pay the benefits paid to the workers to the National Employment Istituto when the company has been declared responsible for the obligation.

3. Serious infringements will be considered:

(a) Distortion of documents for workers to obtain or fraudulently enjoy unemployment benefits.

(b) The connivance with the workers to obtain them from the benefits referred to in this Law, or to avoid the fulfilment of the obligations that correspond to them, as well as to give occupation to workers who are entitled to unemployment benefits when they have not been discharged into social security. It shall be presumed that there is connivance in the event that the workers receiving benefits have not been entered in the Book of Matriculation with prior character and their entry into the work.

(c) The simulation of employment contracts with the aim of obtaining or fraudulently enjoying the benefits provided for in this Law.

Article twenty-eighth.-Workers ' infractions.

Constitute infringements of workers benefiting from the benefits covered by this Law:

1. Mild.

Not to appear without justified cause, upon request, before the Gestora Entity.

2. Serious.

a) Reject, infundently, the right placement offer.

b) Refusing, infundently, to participate in social collaboration work, in employment programmes or in professional promotion or retraining activities.

3. Very serious.

(a) To be compatible with the receipt of benefits with self-employment or other work, except as provided for in Article 18.1.

b) Obtain fraudulent or superior benefits to those that correspond to them.

c) The connivance with the employer for obtaining the benefits mentioned in this Law.

Article twenty-ninth.-Sanctions on employers.

1. The infringements of the employers will be punished by fine on the proposal of the Labour Inspectorate in the following amounts: minor infractions of five thousand to twenty-five thousand pesetas, serious infractions of twenty-five thousand one to a hundred thousand pesetas, very serious infringements of a hundred thousand one to five hundred thousand pesetas. The employer shall be deemed to incur an offence for each of the workers concerned.

2. The penalties, in respect of infringements committed by employers, shall be brought to the attention of the institution of the offence, malice or falsity of the employer, number of workers concerned, turnover of the undertaking and recidivism, in the how it is determined to be regulated.

3. The imposition of the said penalties shall correspond to the Provincial Directors of Labour up to two hundred and fifty thousand pesetas, to the Director General of Employment of two hundred and fifty thousand one to five hundred thousand pesetas, to the Minister of Labour and Social security of five hundred thousand one to two million pesetas and to the Council of Ministers from two million one to fifteen million pesetas.

4. Without prejudice to the criminal liability in which they may incur, where appropriate and the penalties referred to in the earlier numbers, the

entrepreneurs who have committed serious or very serious infractions:

a) They will automatically lose bonuses or other benefits arising from the application of the employment programmes.

(b) They may be excluded from access to such benefits for a maximum period of one year, under the conditions and periods which they regulate.

(c) In the case of fraud, as provided for in points (b) and (c) of Article 27 (3), the case of the worker's insolvency in order to return the amounts unduly received shall be liable to the subsidiary.

Article 30.-Penalties to workers.

1. Infringements of workers, without prejudice to the criminal liability in which they may be incurred, shall be punishable:

One. The mild ones, with loss of benefit for a month.

Two. The serious ones, with loss of benefit for six months.

Three. The recidivism in those mentioned in the number two of the twenty-eighth article, with the extinction of the right.

Four. The very serious ones, with extinction of the right that will lead to the obligation to return the amounts unduly received. It may also be excluded from the right to receive any economic benefit from those provided for in this Law up to a maximum duration of one year under the conditions and periods which are laid down.

2. The imposition of the sanctions will be the responsibility of the Gestora Entity in the cases one, two and three and the Provincial Directorate of Labour and Social Security, on the proposal of the Labour Inspectorate in the alleged four.

Article thirty first.

INEM's decisions concerning the recognition, refusal, suspension or termination of any of the unemployment benefits shall be subject to the employment jurisdiction.

ADDITIONAL DISPOSITION

As provided for in Article 8.1 in respect of the duration of the unemployment benefit, it shall be without prejudice to the legal provisions governing conversion and reindustrialisation.

TRANSIENT PROVISIONS

First. This Law shall apply to the provision of unemployment or to the subsidy which is born after its entry into force, in accordance with the legislation preceding the legal situations of unemployment previously produced. However, the duration of the unemployment benefit or the allowance which was received on 1 January 1984 or which is recognised from that date shall be governed by the provisions of this Law.

Second.-The welfare benefits provided for in this Law may be recognised as recipients of unemployment benefits under the General Social Security Act, as well as for unemployed workers who are older than Fifty-five years, registered as jobseekers on 1 November 1983, provided that they meet the conditions required for this purpose.

Third.-Workers who have exhausted the supplementary benefits provided for in Article twenty-fifth of the Basic Employment Law shall be entitled to the receipt of unemployment benefit for a maximum period of nine years. months, provided that they are registered as unemployed in the relevant Employment Office on 1 November 1983 and apply for the benefit within the time limit laid down by law.

Fourth.-During the year 1984, the system of financing the benefits provided for in this Law shall be that set out in Article twenty-ninth of Law 51/1980 of 8 October, Basic Employment.

REPEAL PROVISION

As many provisions of equal or lower rank are repealed as laid down in this Law and expressly Title II of Law 51/1980 of 8 October, Basic Employment and Article 3 (a) of the Royal Decree 1469/1981 of 19 June 1981 on unemployment benefits for employed persons, of a fixed nature, included in the Special Agricultural Social Security Scheme.

FINAL PROVISIONS

First.-The Government is authorized to issue the regulatory provisions for the implementation of this Law. Until such time as the Royal Decree 920/1981 of 24 April, which is adopted by the Unemployment Benefits Regulation, will remain in force, it will remain in force.

Second. The provisions of the General Law on Social Security will apply to the provisions of this Law.

Therefore,

I command all Spaniards, individuals and authorities to keep and keep this Law.

Palma de Mallorca to 2 August 1984.-JUAN CARLOS R.-The President of the Government, Felipe González Márquez.