Decree 2123/1971 of 23 July, approving the recast of Laws 38/1966 of 31 May and 41/1970 of 22 December, establishing and regulating the Special Agrarian System of Social Security, In the field of its protective action, and in respect of employed persons, the unemployment aid, in the form of Article 23, which, in place of the unemployment benefits provided for in the General Regime, is grant aid to workers employed by the Special Agricultural Scheme, preferably by means of the The application of transitional employment arrangements with a Community character, extending the application of such aid to the self-employed by Law 20/1975 of 2 May, which provides for the improvement of the protective action of workers by own account of the Special Agricultural Social Security Scheme.

However, the extension of the field of application of general unemployment benefits to the fixed workers of agriculture, which is established by Royal Decree 1469/1981 of 19 June in the development of Article 16 of Law 51/1980 of 8 October, Basic Employment, and the provision of the first provision for the establishment of a new system of aid for agricultural, forestry and livestock unemployment, which allows access to the system to be verify in terms of objectivity, advise the replacement of the current Community employment by systems diversified, but complementary, of protection for unemployment and promotion of employment.

The first of these aspects is the one that is regulated in this Royal Decree, as a necessary step towards the reform of the community employment, while the promotional aspect of the employment has to be concretized in the plans of rural employment (a) to be articulated within the framework of the general budget of the State and the consultation carried out between the National Employment Institute and the corresponding investment institutions, thus giving an adequate and comprehensive response to the (a) problems of seasonal agricultural unemployment, particularly in certain Communities Autonomous.

It seems to be unavoidable, therefore, that the system of protection for unemployment is of a welfare nature, since the peculiarities of the rural environment and the Special Agrarian System of Social Security make the establishment unthinkable, at least in the present, from a system of contributory type benefits which would, if necessary, require a much higher rate of contribution than the general rate, under the penalty of an unacceptable structural deficit or of raising the number of actual days of the period of absence up to a figure that would leave most of the In the case of agriculture, it is precisely in areas where the seasonal unemployment of casual agricultural workers is potentially higher than the national average.

In its virtue, on the proposal of the Minister of Labour and Social Security, heard by the Council of State and after deliberation of the Council of Ministers at its meeting of 28 December 1983, I have:

Article 1. Field of application.

1. They shall be entitled to the unemployment benefit set out in this Royal Decree, under the conditions and with the extent to which they are determined, the employed persons of an eventual character included in the Special Agricultural Regime of the Social security, provided that they or their spouse are not owners, leaseholders, sharecroppers or holders by similar concept of agricultural holdings, the income of which exceeds the amount determined by the Ministry of Labour and Security Social.

For the purposes of this Royal Decree, any workers who are enrolled in the census of the Special Agrarian Social Security System will be considered as temporary workers. agricultural work in one or more agricultural holdings of the same or different holder.

2. The unemployment benefit system shall apply in those Autonomous Communities where the seasonal unemployment of the agricultural workers is higher than the national average and where the number of such workers is proportionally higher than that of other agricultural areas. The Government, taking into account the above criteria, will determine the territorial scope of the subsidy.

Art. 2. Legal status of unemployment.

The workers referred to in Article 1 shall be considered to be in legal unemployment. to whom the contract of employment is extinguished for any of the reasons provided for in Article 49 of the Staff Regulations, except those laid down in their numbers 1, 4, 5 and 6. In the case of dismissal, the corresponding declaration of the judicial authority will be necessary.

Art. 3. Requirements for the birth of the right to the allowance.

1. Workers who, finding themselves in a legal situation of unemployment, shall be eligible for the allowance shall also be eligible for the following requirements:

(a) Failure to comply with the minimum age required to claim entitlement to the retirement pension and to have an address in the geographical area protected by this allowance.

(b) Be enrolled in the census of the Special Agrarian System of Social Security and in a situation of high or equivalent to it, in accordance with the provisions of the number 2 of this article.

(c) Have a minimum of sixty real days listed in the 12 calendar months immediately prior to the legal unemployment situation covered by the Special Agricultural Social Security Scheme.

(d) To be charged with income of any kind above the minimum inter-professional wage, assuming, unless proof is found to the contrary that there are such income when the worker or his spouse were holders of a tax commercial, industrial, professional or artistic activities.

2. For the purposes referred to in paragraph (b) of the preceding number, the following workers shall be treated as the following:

(a) Workers who are in line with the military service or who are in the form of a replacement social service, while the legal status of unemployment is taking place, while retaining the right to (a) allowance provided that they so request within one month of the cessation of the service or of the benefit.

(b) Workers who have moved to a geographical area to which this subsidy is not applied or abroad to carry out temporary work on behalf of an agricultural worker.

Art. 4. Duration and amount of the allowance.

The allowance will be for a maximum of 80 days, and its amount will be 75 per 100 of the minimum inter-professional salary in force at any time for non-casual workers, and will also include the contribution of the worker to the Special Agrarian System of Social Security during the period of receipt of the allowance.

Art. 5. Birth, suspension and extinction of the right.

1. The right to unemployment benefit shall be initiated from the day following the day on which it is sought, except in the case of dismissal from the application, in which the right shall be born when three months have elapsed since the application.

2. The provisions laid down in the Basic Law on Employment in the field of the suspension and termination of the right shall apply, except in respect of the termination of paid work in activities of an employed or self-employed person. Special Agricultural Social Security Scheme for periods exceeding six months in which case the suspension of the allowance will occur.

The right to the allowance will also be suspended for the worker's transfer to areas where this protection system does not apply.

3. The suspension of the duty will result in the reduction of the allowance period in the following cases:

(a) Failure of the worker to appear before the managing body, at the request of the worker.

b) Proper job offer rejection.

c) Refusal to participate in social collaboration or vocational training activities.

4. The right to the allowance shall be extinguished in any case where one year is fulfilled, from the date of birth.

5. The application for the resumption of the right to the termination of work received by the other Social Security schemes other than the Special Agrarian Special shall not exceed six months, the inclusion of the worker in the Special Agricultural Scheme, on a proposal from the Management Entity for the subsidy.

6. For the purposes of suspension and termination of the right, in any event, appropriate placement shall be presumed to be offered to the worker on the occasion of the work of the Rural Employment Plan.

7. When the extinction is derived from the commission of very serious infractions, it will take the exception as computable, for the birth effects of a new right to the subsidy, of the actual days listed before the extinction.

Art. 6. Recognition of a new right.

1. Once the entitlement to the allowance is extinguished, the worker will be able to obtain recognition of the right once again when he is in a legal situation of unemployment, meets the conditions required for this purpose and one year has elapsed since birth of the previous right.

2. For the purposes of determining the number of actual days available for the birth of the right, account shall be taken, where appropriate, of those made on the basis of the birth of the previous right.

Art. 7. Incompatibilities.

Unemployment allowance is incompatible:

(a) With the simultaneous realization of paid work for own or foreign account.

b) With periodic payment benefits of Social Security, excluding family protection.

c) With any other economic unemployment benefit.

(d) With the collection of income of any kind above the minimum inter-professional salary, in the terms laid down in Article 3 (1) (d).

Art. 8. Processing and payment of the subsidy.

1. Temporary workers who are unemployed who fulfil the conditions laid down in Article 3. of this Royal Decree must be registered as applicants for employment and submit the application for recognition of the allowance in the Employment Office corresponding to the locality of their residence within 15 days of the date of legal status of unemployment or, where appropriate, the same period of time as from the date of 12 months after the date of birth of the previous right.

The application must be accompanied by the documentation of the concurrency of the required requirements.

2. Failure to comply with the application period shall mean that the worker is entitled to the loss of so many days of allowance as a measure between the end of the period of 15 days following the legal situation of unemployment and the date of the application.

Failure to comply with the registration period as a job seeker will not lead to the expiration of the right.

3. The holders of the right to the allowance shall submit monthly evidence to the managing body of the evidence of the days worked in the month, both in activities subject to the Special Agricultural and Social Security Regime, and under to other social security schemes.

4. The payment of the subsidy shall be made for months due, considering these integrated, for the purposes of computation, for thirty calendar days.

5. For each monthly settlement, the maximum number of days to be paid shall be deducted, if applicable:

(a) Those worked in activities subject to other social security schemes other than the Special Agrarian.

b) Those worked in agricultural holdings of their own.

(c) Those that the worker has received for the provision of temporary incapacity for work. (d) The actual days worked as an employed person subject to the Special Agricultural Social Security Scheme.

Art. 9. Managing body.

1. It is for the National Institute of Employment to manage the functions and services derived from the subsidy regulated in this Royal Decree and, in particular, to declare the recognition, suspension, resumption and extinction of the right to the aforementioned subsidy, to be paid in the form determined by the Institute and to monitor compliance with the conditions of access and permanence therein.

2. They shall cooperate in the management of the allowance for the bodies to be determined, in the form laid down in the Conventions to which there is a place.

3. In any case, the Ministry of Economy and Finance, the National Social Security Institute and the General Treasury of Social Security will provide the National Employment Institute with the necessary data for the recognition and maintenance of the right.

Art. 10. Financing.

The unemployment benefit will be fully funded through the State's contribution.

TRANSIENT PROVISIONS

First.-During 1984, they will be entitled to the allowance:

(a) Those who were beneficiaries of Community employment in 1983, for meeting the requirements of Article 4 (1). of the Ministerial Order of 11 June 1981, other than that entered in point (f), are in a legal position of unemployment and are not entitled to any income of any kind for the whole of the family unit, consisting of the spouse and the persons who live with the holder balo the same roof and are linked by kinship links, which in monthly computation, do not exceed 150 per 100 of the minimum interprofessional salary. In any event, workers shall not be entitled to the allowance if they or their spouses are holders of a tax licence for commercial, professional or artistic activities or who are, by any means, at the head of holdings agricultural and agricultural products, the value of which is, as a whole, equal to or greater than 12,000 pesetas per year.

(b) Those who, not included in the preceding case, credit the levy, during 1984, of the minimum of actual days laid down in Article 3 (1) (c), as well as the other conditions for access to the subsidy.

In any case, the beneficiaries will be subject to the legal system of the subsidy regulated in this Royal Decree.

Second.-The system of the unemployment benefit regulated in this Royal Decree will apply, during 1984, to the Autonomous Communities of Andalusia and Extremadura, in application of the provisions of Article 1. of this Royal Decree.

Third.-Until the income incompatible with the subsidy, as referred to in Article 1 (1), is determined. and point (d) of Article 3 (1). of this Royal Decree, its existence shall be presumed to be the presumed beneficiary, or his spouse, at the head, for any degree, of agricultural holdings whose taxable base is equal to or greater than 12,000 pesetas per year.

Fourth.-Until such time as the payment of the contribution of the worker to the Special Agricultural Social Security Scheme, as referred to in Article 4, can be carried out by the managing body. of this Royal Decree, that will pay the worker the 10 per 100 of the minimum interprofessional salary in force at each moment for the workers not possible, as aid to the payment of their monthly fixed quota to the Special Agrarian Regime of the Social security, during the period of receipt of the allowance.

Fifth.-Until the amount of the data on actual days quoted for the recognition of the corresponding subjective rights is not available to the managing entity of the subsidy, it will be carried out on the basis of the Actual days worked by the National Institute of Social Security.

Sixth.-Without prejudice to the maximum duration of the susbsidio provided for in Article 4. of this Royal Decree, the maximum number of monthly days of perception will be twenty during 1984.

ADDITIONAL DISPOSITION

In all aspects not expressly mentioned in this Royal Decree, it will apply the general provisions for the unemployment benefits provided for in the Basic Employment Law.

REPEAL PROVISION

As many provisions of the same or lower rank are repealed as set out in this Royal Decree, and expressly Royal Decree 448/1978 of 11 March on coordination of actions to mitigate unemployment (i) the provision of services to workers in the field of employment, the provision of services to workers, the provision of services, the provision of services, the provision of services, the provision of services, the provision of services and the provision of services to workers. Community transitional measures, and the Order of 11 June 1981 on extraordinary measures of a nature transitional arrangements for the application of the funds intended to mitigate the effects of agricultural unemployment, except as provided for in the first transitional provision of this Royal Decree, and without prejudice to the maintenance of the Provincial Employment Commissions Community to the sole effect of the final approval of the accounts of the Community employment funds for 1983.

FINAL PROVISIONS

First.-The Ministry of Labour and Social Security is empowered to lay down the rules necessary for the implementation and development of this Royal Decree.

-This Royal Decree will enter into force on 1 January 1984.

Given at Baqueira Beret on December 28, 1983.-JUAN CARLOS R.-The Minister of Labor and Social Security, Joaquin Almunia Amann.