Advanced Search

Order Ess/484/2013, Of 26 March, Which Regulates The Referral System Electronic Data In The Field Of Social Security.

Original Language Title: Orden ESS/484/2013, de 26 de marzo, por la que se regula el Sistema de remisión electrónica de datos en el ámbito de la Seguridad Social.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, urges in its article 45.1 to the public administrations to promote the use and application of the techniques and electronic, computer and telematic means for the development of their activity and the exercise of their competences, with the limitations that the use of these means establish the Constitution and the laws. For its part, the citizens ' right to communicate with the administrations by electronic means is enshrined with the enactment of Law 11/2007, of June 22, of electronic access of citizens to public services, in which it is regulates the performance of public administrations in order to generalise the information society through these means. In the development of this last law, Royal Decree 1671/2009 of 6 November, establishes a flexible framework to facilitate the adaptation of organizations, functions and procedures to the communication by electronic means, guaranteeing at the same time other constitutionally protected goods, such as data protection, access rights to administrative information or the preservation of third-party interests, are not affected.

Within the specific scope of the Administration of Social Security the use and application of techniques and electronic means for the development of its activity and the exercise of its competences has been regulated in the Order of 3 of April 1995, on the use of electronic, computer and telematic means in relation to the registration of companies, the affiliation, the ups and downs of workers, the listing and the collection; means and procedures which, under the name "Electronic Data Transmission System (RED System)" has been the subject of implementation and development progressive through successive resolutions of the General Directorate of the General Treasury of Social Security, issued pursuant to the aforementioned Ministerial Order.

The scope and conditions of use of the RED System have also been profiled in accordance with the provisions of Article 30 of Law 50/1998 of 30 December 1998 on fiscal, administrative and social security measures, in application of which, on the one hand, Order TAS/399/2004, of 12 February, on presentation in computer support of the medical parts of the discharge, confirmation of the discharge and discharge corresponding to processes of temporary incapacity, has extended its scope to the presentation of low and high medical parts, low and high confirmation In the case of temporary incapacity proceedings, and, on the other hand, by Order TAS/1562/2005 of 25 May 2005 laying down rules for the application and development of the general regulation on the collection of social security, determined the cases of compulsory incorporation into that system, following its reform by Order TIN/2777/2010 of 29 October, and recently in the area of the Special Regime of the Sea those cases were extended by Order ESS/229/2012, 9 of February, for the year 2012 the bases of contribution to the Social Security of the Special Sea Regime workers included in the second and third groups.

In turn, various regulations on social security, such as the fifth additional provision of the general regulation of the financial management of social security, approved by Royal Decree 1391/1995 of 4 August; the Article 38 of the general regulation on the registration of undertakings and other rights of social security, adopted by Royal Decree 2064/1995 of 22 December 1995; Article 38 of the General Regulation on the registration of undertakings and the membership, high, low and variations of data of workers in social security, approved by Royal Decree 84/1996 of 26 January and the additional fourth and fifth provisions of the General Regulation on the collection of social security, approved by Royal Decree 1415/2004 of 11 June, also provide for the possibility of to use the procedures and means that make up the RED System for the performance of administrative actions and the provision of data or documents relating to matters governed by such regulations, the Minister of Employment and Social Security to determine the conditions of use of the said system, either expressed in those same precepts or by the corresponding final provisions on the powers of implementation and development of the respective regulations.

Finally, the additional fiftieth provision of the recast text of the General Law on Social Security, adopted by the Royal Legislative Decree 1/1994 of 20 June, has introduced the mandatory notification by electronic, computer or telematic means of the administrative acts that they bring cause or are dictated as a result of the data transmitted electronically through the RED System.

On the basis of the aforementioned legal forecasts and with the objective of systematizing the criteria in them, as well as to provide for the extension of the obligation of incorporation to this system to the rest of the enterprises, groups of undertakings and other subjects responsible for the fulfilment of the obligation to list under any of the schemes of the social security system, irrespective of the number of workers remaining on the high level, considers that the use of electronic, computerised and electronic means should be regulated in a single text telematic in the performances of registration of companies, affiliation, ups, downs and variations of data of workers, listing and collection of companies and workers, communication of medical parts of the lower, confirmation of the discharge corresponding to temporary incapacity processes, as well as any other actions to be determined in the field of Social Security through the RED System.

This order has been favourably informed by the Ministry of Employment and Social Security's Ministerial Committee on Electronic Administration, under the provisions of Article 2.2.e of Order TIN/3155/2011, 8 of November, by which the composition and functions of the aforementioned collegiate body are regulated.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, and according to the State Council, I have:

Article 1. Objective application scope and scope.

1. The purpose of this order is to regulate the Electronic Data Referral System (hereinafter referred to as "RED System") as a service managed by the General Treasury of Social Security for the electronic exchange of data or documents, as well as for the communication of administrative action between the latter and those authorised to do so, in order to facilitate the fulfilment of the obligations of Social Security by the persons responsible for the following matters:

(a) Enrollment of companies, affiliation, ups, downs and variations of data of workers, contributions and collection of companies and workers in the field of Social Security in the terms and conditions foreseen in each Time by the rules applicable to these matters.

(b) Communication of lower and lower medical parts, of discharge for temporary incapacity processes whose management is entrusted to the managing body or to the mutual of accidents at work and diseases Social Security professionals, in the terms set out in Order TAS/399/2004, of February 12, on presentation in computer support of the medical parts of the lower, confirmation of the discharge and corresponding to the processes of temporary disability.

(c) Any other action required under the Social Security legislation, the management of which is attributed to the General Treasury of Social Security in the form and with the technical specifications it establishes by Resolution of its Director General.

2. Notifications of the administrative acts that they bring cause or are issued as a result of the data to be communicated electronically through the RED System shall be made at the electronic headquarters of the Secretariat of State of Security Social, as provided for in the additional fiftieth text of the recast text of the General Law on Social Security, adopted by the Royal Legislative Decree 1/1994 of 20 June, as well as in Order ESS/485/2013, of 26 March, on the regulation of notifications and communications by electronic means in the field of electronic Social Security.

Article 2. Scope of subjective application.

1. Incorporation into the RED System shall be mandatory for the subjects responsible for the obligation to list referred to in paragraph 2 of this Article. The remaining responsible subjects may voluntarily join in the implementation of the administrative procedures that at each moment allow such a system for these groups. In any case, the prior authorization granted by the General Treasury of Social Security shall be specified for incorporation.

2. For the purposes indicated, undertakings, groups of undertakings and other subjects responsible for the fulfilment of the obligation to list under any of the schemes of the social security system, irrespective of the number of such schemes, Workers who remain in high employment, will be obliged to join the RED System, without prejudice to the following paragraphs.

In the case of workers included in the Special Regime of Social Security of Workers for the Account of Own or Self-Employed, with the exception of those corresponding to the Special System of Workers for Account In the case of agricultural products, only those who have the status of employers who are obliged to transmit to the system the data relating to their employees, in which case they will also be obliged, shall be obliged to make them effective. to transmit their own data as self-employed workers by the same system.

The incorporation into the RED System will not be mandatory for companies, groups of companies and other subjects responsible for the fulfilment of the obligation to be listed in the General Regime, in respect of the groups of taurine professionals and trade representatives and the Special Systems for Home and Industry Employees Resinera, as well as in the Special Regime of the Workers of the Sea, with respect to the workers for account own.

3. Administrative action, for the exchange of data or documents, in the RED System may be carried out by the persons responsible for the fulfilment of the obligations referred to in Article 1, either in their own name or by way of of representative.

Article 3. Impact of effective incorporation into the RED System in the acquisition and maintenance of benefits in the Social Security contribution.

1. As provided for in the first paragraph of Article 29 of Law 50/1998 of 30 December 1998 on tax, administrative and social measures, in the event that undertakings, groups of undertakings and other persons responsible for the compliance with the obligation to list that they have requested or obtained reductions, bonuses or any other benefits on the bases, rates and quotas of the Social Security and concepts of joint collection, are not incorporated in a way effective to the RED System, they will not be able to obtain the aforementioned benefits and will be suspended, without further processing, those who have been granted, in respect of all their employed or equivalent employees, and in respect of all their trading account codes, both principal and secondary, from the date on which such entry was made. Such suspension shall also apply to the persons responsible for the effective use of the RED System in the actions relating to the framing, listing and collection.

Obtaining the indicated benefits will be governed by the regulations in force in the liquidation period corresponding to the effective incorporation into the RED System and will take effect from the first day of that period, without prejudice the loss of profits by the time elapsed from the birth of the right to such effective incorporation. In addition, the suspension of those benefits shall be without effect and shall be applicable again from the liquidation corresponding to the new incorporation into that system, without any recovery of the lost profits. In one case or another, the benefits shall be deemed to have been applied for the purposes of calculating their duration during the period between the initial date on which they were obtained, whether or not they were obtained. suspended, and the effective onboarding of the RED System.

It will not result in the loss of reductions, bonuses or any other benefits granted, the lack of data transmission through the RED System due to technical reasons attributable to the Treasury General of Social Security, without prejudice to the obligation to present the listing documents and those of affiliation, ups, downs and variations of data within the time limits set.

2. For the purposes referred to in the preceding paragraph, the use of this system for the performance of the actions provided for in Article 1 with full validity and effectiveness shall be understood as an effective incorporation into the Network System. and obligations established by the regulations in force in relation to such acts, as well as any other required in the regulations of Social Security, in the form and with the requirements set by the General Treasury of Social Security.

3. Compliance with the obligation to join the RED System will not be affected when the actions of the framing, listing and collection can be carried out through other electronic means other than the aforementioned system, in the terms and conditions to be set by the General Treasury of Social Security, in order to facilitate the provision of electronic services pursuant to Law 11/2007, of June 22, of electronic access of citizens to public services.

Article 4. Network System features.

1. The RED System shall comprise the computer and telematic applications which at each moment are precise for the purpose of the purpose indicated above, with the authorization to use public and private networks of transmission of data, nail combinations and any other means to be determined by the General Treasury of Social Security.

2. The RED System guarantees the following general principles:

a) Authentication. The system shall unequivocally identify the issuer and the recipient of the information that is different from the General Treasury of Social Security, ensuring its identity. The identification of the persons concerned shall necessarily be carried out by means of electronic signature systems determined in accordance with Law 59/2003 of 19 December, electronic signatures, as well as in Articles 13 and Law 11/2007, of 22 June, and Royal Decree 1671/2009 of 6 November 2009, for which the said law is partially developed, which are appropriate to ensure their identification, as well as the authenticity of electronic documents.

b) Constancy. The system shall have a service in which the date and time of dispatch of each of the communications between the users and the General Treasury of the Social Security are recorded.

c) Confidentiality. The system shall ensure that only the duly accredited user has access to the communications containing personal data, in accordance with the provisions of the Organic Law 15/1999 of 13 December on the Protection of Data of Character Personal. To this end, the system shall include the relevant security measures in the transmissions by means of data encryption or through any other mechanism that ensures that the information is not intelligible or manipulated by third parties.

d) Integrity. The system shall ensure that the information and documents are transmitted without alteration of their original content, and any failure by the receiver of the same can be detected.

e) Conservation. The system shall ensure the preservation of the information and documents transmitted during the time required by the applicable rules according to the data transmitted.

f) I don't repudiate. The system shall be used in such a way that the receiver of the information or document is unable to reject a validly effected consignment and that the sender is aware of its receipt.

Article 5. Authorization to act through the RED System.

1. In order to operate in the field of action as defined in Article 1, it will be necessary to have authorization granted by the General Treasury of Social Security. Such authorisation may be of two types:

a) Authority to act on its own behalf.

b) Authorization to act on behalf of others.

The General Treasury of Social Security shall determine by resolution of the Director General the requirements to be met for obtaining each type of authorization.

2. Applications for authorization shall be settled by the provincial directors of the General Treasury of Social Security, informing the authorized person of the conditions of use of the authorization in the case of orders of the court.

The maximum period in which the express resolution is to be served shall be three months, after that time limit may be deemed to be rejected by the administrative silence.

This resolution may be the subject of an appeal to the General Directorate of the General Treasury of Social Security, in accordance with Articles 114 and 115 of Law 30/1992, of 26 November, of Regime Legal of Public Administrations and of the Common Administrative Procedure, the interposition of which shall suspend the execution of the contested act. The time limit for the application shall be one month from the day following the notification. After the period of three months from the interposition of the said appeal without the express decision being taken, the same may be understood as dismissed, as provided for in Article 115 of that Law No 30/1992 of 26 November.

The authorizations granted will cease to have effects both for non-compliance with their conditions of use and for the abusive or fraudulent use of these, by means of a reasoned resolution of the General Treasury of Security Social.

3. Granted an authorization to act through the RED System, the authorized will be enabled both for the electronic transmission of the data or documents through the aforementioned system and for the reception of the communications and notifications of the administrative action taken in this respect, involving this authorization the obligation of the authorized to manage exclusively by means of said system, except impossibility of the service due to the General Treasury (i) the implementation of the social security system, the fulfilment of obligations and actions in the field of referred to in Article 1 in respect of all the persons responsible for such authorisation, having been made directly by the latter.

4. The actions to which the RED authorization for electronic transmission of data or documents and the receipt of communications and notifications of the administrative actions resulting from such transmission may be made may be carried out. both by the authorised and by the users designated by it through the corresponding service established for the purpose by the General Treasury of the Social Security, guaranteeing in accordance with Article 4.2.a) the identification of the issuer or recipient and the authenticity and integrity of the data and documents object of transmission.

In any case, the transmissions of data or documents made by the users through the RED System, as well as the communications and the notifications of the administrative actions that they receive from the General Treasury of Social Security, shall be understood to be transmitted and received by the authorised person.

Article 6. Requirements for the effective exercise of the RED authorizations.

For the effective exchange of data or documents and receipt of communications and notifications of administrative actions that they bring cause or are dictated as a consequence of the data to be communicated through of the RED System, corresponding to responsible subjects, is required:

(a) In the case of authorisations to act on their own behalf, the communication by the means establishing the General Treasury of the Social Security of the codes of account of contributions or numbers of affiliation whose data must be transmitted through the RED System.

(b) In the case of authorizations to act on behalf of third parties, in addition to the communication referred to in the preceding paragraph, the accreditation of the representation granted by the responsible subjects shall be necessary in the name of act, in favour of the authorised and its users, by the means established by the General Treasury of Social Security.

Article 7. Responsibility of the authorized persons.

The responsibility for the actions carried out falls in any case on the authorized person, regardless of who performs them, and without prejudice to the responsibility that the latter may require from the users responsible for the action.

It is expressly prohibited to the authorized RED and to the users designated by this the automated processing of the data to which they have access by the creation of computer files for purposes other than the strictly Network system itself.

It will be the responsibility of the authorized to keep the relationship of accredited users to operate on the system up to date, in the context of their authorization.

Article 8. Effects of electronic transmission of data or documents through the RED System.

1. The electronic transmission of data or documents relating to actions for the registration of undertakings, affiliation, high, low and variations of data on workers, contributions and collection of undertakings and workers in the field of social security and the communication of low and discharge medical parts, corresponding to temporary disability processes through the RED System, as well as the transmission of the administrative actions carried out by the General Treasury of the Social Security or the managing body concerned, which is derived from that transmission, shall enjoy full validity and effectiveness, generating the rights and obligations established by the rules in force in relation to those acts.

2. The obligation to report on the data contained in the nominal worker relations (TC-2 series documents) transmitted by the RED System, as provided for in Article 25.4 of the General Regulation on the collection of social security, approved by Royal Decree 1415/2004 of 11 June, shall be deemed to be fulfilled in accordance with the provisions of that Article, by placing or making available to the workers, through the presentation on a computer screen or computer terminal, of the data of its files which, for such purposes, will be considered as a copy authorised of the said nominal relations of workers, provided that, in the latter case, they are accompanied by their corresponding electronic footprint.

3. In the event of a failure to enter the corresponding payment obligations, the contribution in computerised form of the data in the nominal working relationship of workers shall be deemed to be the presentation of documents. for the purposes of Article 26 of the recast text of the General Law on Social Security.

4. The use of the RED System for the provision of data shall be without prejudice to the compliance by the undertakings and other responsible persons with the other obligations laid down in the General Regulation on the registration of undertakings and membership, high, low and variations of data of workers in Social Security, approved by Royal Decree 84/1996, of January 26.

Article 9. Validity of documents generated by authorized printing of the actions processed electronically through the RED System.

The documents generated by authorized printing of the electronically processed actions through the RED System will include elements of contrast/collation and will enjoy the same validity and effectiveness against third parties certificates issued in this respect by the competent bodies of the General Treasury of Social Security.

The General Treasury of Social Security may make the impression of the data and documents received, produced and issued by the RED System, being considered as contrast printing and enjoying the same validity as the original processed.

The authenticity and integrity of the documents generated may be verified by means of the systems arranged for this purpose, consisting of the verification by electronic code of authenticity (CEA), by means of fingerprint or any other system that allows the information of those documents to be contrasted with the worker in the corresponding corporate databases.

Article 10. Connection and working modes.

1. The connection for the electronic exchange of data or documents shall be made through the Internet.

Exceptionally, the General Treasury of Social Security may authorize certain responsible subjects with a high number of workers to opt for a mode of electronic exchange of data under protocol " ad ". Furthermore, the General Treasury of Social Security may also determine, on the basis of other objective criteria, which authorised users will use a specific protocol for the exchange of data.

2. The working modes used by the RED System are two:

a) Direct connection to the General Treasury of Social Security.

b) Sending and receiving files with a specific structure, according to technical instructions on the Social Security website.

The General Treasury of Social Security may include any other protocol or modality of work that the technological evolution advises, as well as the suppression of those used so far.

Additional disposition first. Exemption from the obligation to submit the nominal worker relationship.

In those cases where there is electronic transmission of the nominal ratio of workers through the RED System, and for technical reasons the General Treasury of Social Security cannot calculate the liquidation corresponding, for its sealing and validation, the nominal number of workers (TC-2 series documents) must not be attached to the quotation mark (TC-1 series) at the time of the entry of the quotas into any of the offices Authorised retreaders. In this respect, the following shall be indicated in the box of the quotation mark (TC-1 series) for signature and stamp of the employer:

" Not Accompanying TC-2

TGSS authorization number ................... of date ................................ "

Additional provision second. Assistance and guidance service for the completion of the activities of framing, listing and collection by electronic means.

In the framework of the provisions of Article 8 of Law 11/2007, of June 22, the General Treasury of Social Security will make available to companies, groups of companies and other responsible persons obliged to to be effectively incorporated into the RED System, which because of its personal difficulties or its reduced size and geographical location so requires, a service of technical assistance and advice, which will include the means necessary to guarantee the effectiveness of the enforcement of the electronic transmission obligation of the data the registration, listing and collection imposed by Article 1.1.

This service shall be provided whenever the responsible subject does not have the corresponding authorization to transmit through the RED System, in the terms and conditions determined by the General Treasury of Social Security.

Single transient arrangement. Authorities to act through the RED System granted prior to the date of entry into force of this order.

Regarding authorizations to act through the RED System granted prior to the date of entry into force of this order to collegiate and third-party professionals who would be electronically transmitting through the System RED data relating to one or more companies, groups of companies and other responsible persons, shall be valid, unless otherwise expressed, and without prejudice to the General Treasury of the Social Security the moment to request the accreditation of the representation, proceeding to leave without effect the authorisation of the undertakings or the subject-matter in the event that they are not sufficiently accredited.

Single repeal provision. Regulatory repeal.

1. All provisions of equal or lower rank are repealed as long as they contradict or oppose the provisions of this order.

2. The following provisions are expressly repealed:

(a) The Order of 3 April 1995, on the use of electronic, computer and telematic means in relation to the registration of companies, affiliation, high and low workers, listing and collection in the field of Social Security.

(b) Order TAS/1562/2005 of 25 May 2005 laying down rules for the application and development of the General Regulation on the collection of social security, approved by Royal Decree 1415/2004 of 11 June 2005, Article 28 and the fourth and fifth additional provisions.

(c) Order ESS/229/2012 of 9 February establishing for the year 2012 the bases for social security contributions of the workers of the Special System of the Sea included in the second and third groups, the paragraphs 1 and 2 of your unique additional provision.

Final disposition first. Competence title.

This order is dictated by the provisions of article 149.1.17. of the Spanish Constitution, which attributes to the State exclusive competence in the field of basic legislation and the economic regime of Social Security.

Final disposition second. Application and development powers.

The Director General of the General Treasury of Social Security is empowered to make any decisions necessary for the application of the provisions of this order.

Final disposition third. Entry into force.

This order shall enter into force on the 1st of the month following that of its publication in the "Official State Gazette".

Madrid, March 26, 2013. -Minister of Employment and Social Security, Fatima Banez García.