The current economic situation and the employment situation of the derivative demand, as an urgent measure, the restructuring of the unemployment benefit of Social Security. Aware of this reality, the Government expressed in its programmatic statement the immediate adoption of measures to this end.

The need to give new regulation to the unemployment benefit is therefore necessary, thus obviating the difficulties and inadequacies that the current legislation has shown in its practical application.

To this end, the reform to be undertaken by this Royal Decree-Law is intended, on the one hand, to amend the requirements relating to the enjoyment of the benefit and, on the other, to restate the aspects relating to the amount and duration of the allowance.

As far as the first point is concerned, the regulation of the dynamics of the law is modified, mainly in terms of the cases of suspension, extinction and reopening of the right to the subsidy. The concept of marginal occupation is deleted, considering the provision of work as a suspension, except in cases where it is extended for a period longer than that of the minimum contribution period required or the cessation of the period in question. imputable to the worker. The aim is to remove obstacles to the acceptance of job offers of limited duration, since they do not have an impact on the right to benefit from the allowance. The conditions for reopening this, on the other hand, do not require but reprove a new period of contribution within the corresponding period.

With regard to the amount of the subsidy, it has been claimed that this is an intimate connection with the income of assets. For this purpose, the basis for this contingency has been varied, considering as such those corresponding to accidents at work and occupational disease, so that the regulatory basis on which the subsidy is calculated is made up of the wages actually paid by the worker.

As for the duration of the temporary unemployment benefit, a second extension of six months is innovated, which extends to eighteen the period of time of perception.

In addition to these measures, other measures are taken to penalize the conduct of infringement or fraud of the legislation relating to this benefit. The rigor in the contemplation of the assumptions and the aggravation of the offending behaviors are the characteristics of this regulation, which will be complemented by a jealous surveillance and inspection in this field.

In its virtue, on the proposal of the Council of Ministers at its meeting of the day ten of August of one thousand nine hundred and seventy six, in use of the authorization granted by article thirteen of the Law constitutive of the Cortes, recast text approved by Decree of 20 April of one thousand nine hundred and sixty-seven, and the Commission referred to in the first paragraph of Article 12 of that

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DISPONGO:

Article first.

The General Law of Social Security, of thirty May thousand nine hundred and seventy-four, is amended in accordance with the provisions of this Article:

First.

From one of October to one thousand nine hundred and seventy-six, each worker's contribution base for unemployment contingency will be equal to the base corresponding to accident of work and illness. professional.

Second.

One. The basis for the allowance corresponding to unemployment situations arising from the date set out in the preceding paragraph shall be determined by applying the rules in force to the bases of contributions laid down in that paragraph. paragraph. However, in the event that there is to be a calculation of any period of contribution prior to the date indicated above, it shall be taken as the basis for the contribution of the worker who has served as such for an accident at work and sickness. professional.

Two. The maximum period for the duration of the basic economic benefits, laid down in Article 100 (70) and (6) of the General Law on Social Security, may be the subject of a second extension of six months, if the circumstances exist which determined the initial grant.

Three. During the extension set out in the preceding number, the amount of the subsidy shall be sixty per cent of the regulatory base.

Third.

One. The right to basic unemployment benefits shall be suspended for six months if the beneficiary refuses an adequate job offer or refuses, without foundation, to practise the vocational training measures agreed for to facilitate their employment. If, during the period of suspension established in the preceding paragraph, the beneficiary is again incurred in any of the conduct referred to therein, his right to such benefits shall be extinguished.

Two. Appropriate work shall be considered to be appropriate to the physical and professional skills of the unemployed person and to develop at the place of his or her habitual residence or residence, except where he may continue to live with his or her family. suitable accommodation possibilities in the new place of employment.

Fourth.

One. The implementation of a work involving the inclusion of those who do so in any of the Social Security Regulations shall give rise to the suspension of the right to basic unemployment benefits, where the duration of such work does not exceed of six months and the cessation of the same shall be caused by a cause which is not imputable to the worker, and shall extinguish the right referred to when there are no such last two circumstances.

Two. The right to basic unemployment benefits is included among the causes of extinction of the beneficiary's compliance with the minimum age required for the right to a retirement pension, provided that he is accredited by the minimum period of contribution required for this purpose.

Fifth.

Extinguished, for any reason, the right to basic unemployment benefits, the worker may obtain again the recognition of that right when he is satisfied at the time of the event causing the minimum period of the contribution required for the purpose, within the time limit, and without the time being taken into account for unemployment or for aid of a kind granted in relation to this contingency.

Article 2.

One. The National Labour Protection Fund may, depending on its available resources, supplement the amount of the unemployment benefit by granting the corresponding exceptional aid in the light of the personal circumstances which are in the unemployed.

Two. The Ministry of Labor is empowered to adapt the current Investment Plan of the National Fund for Labor Protection and the provisions of this Royal Decree-Law, as well as to modify the aid that will be granted for the purposes of the successive plans. mentioned in the previous number, taking into account the economic circumstances and the conditions of employment.

Third item.

The Employment and Training Service, by virtue of its organic nature of the Common Service of Social Security, will collaborate in the management of unemployment benefits, in the terms and conditions set out in the Ministry of Labour.

Article 4.

One. The employer who is employed as a worker to a beneficiary of the basic unemployment benefits or aid granted on the basis of that contingency, without having registered it in the registration book or without having applied for his discharge in the relevant Social Security Scheme, in accordance with the applicable rules, will incur the serious infringement provided for in Article 4 (1) (a) of the General Rules of the High and Penalties, approved by Decree two Ninety-two-hundred and ninety-two-thousand nine hundred and seventy, twelve September, and sanctioned with a fine of five thousand one to 100 000 pesetas, in accordance with Article 6 (2) of that Regulation.

The recidivism in the infringement may result in the fines mentioned in the previous paragraph being doubled in their amount.

In the event that an employer employs more than one worker under the conditions set out above, an infringement shall be deemed to be an offence for each of those workers.

Two. The principal employer shall be jointly and severally liable with the contractors and subcontractors for the payment of the penalties referred to in the preceding number, where they have been employed by the beneficiaries who are referred to in the the Primary Enterprise.

Three. The obtaining or enjoyment of unemployment benefits by fraud by the beneficiary shall result in the loss of the right to such benefits, without prejudice to the obligation to reintegrate them in accordance with Article 50 and six of the General Law of Social Security.

Employers who are included in the cases mentioned in numbers one and two of this article will respond in solidarity in any case of the refit.

ADDITIONAL dlPOSITION

One. The contribution rates for the General Social Security Scheme, as well as for those Special Regiments which are referred to the General in this matter, shall be as follows:

(a) For the unemployment contingency, during the period from one October to one thousand nine hundred and seventy-six and the thirty-one in March of a thousand nine hundred and seventy-seven, the rate of contribution shall be two-fold Seventy per cent, of which the two coma thirty-five will be in charge of the employer and the zero coma thirty-five in charge of the worker.

(b) For other contingencies, excluding those for accidents at work and occupational disease, the rates of contribution during the periods indicated in accordance with those laid down in the second article of the Decree Twenty-four hundred and twenty-four hundred and seventy-six, of twenty-two of April, will be:

First. Period from one October to thirty-one in December from one thousand nine hundred and seventy-six:

One) On the rated basis, the forty-one is sixty-six percent, of which the thirty-five comatons forty-one will be in charge of the businessman and the six-point-twenty-five-in-charge of the worker.

Two) On a complementary basis, twenty-seven per cent, of which the twenty-two is ninety-five will be in charge of the businessman and the four-point zero-five in charge of the worker.

Second. Period from one January to thirty-one in March from one thousand nine hundred and seventy-seven:

One) On the rated basis, the forty-one comatons forty-seven percent, of which the thirty-five comma-twenty-five will be in charge of the businessman and the six-point twenty-two in charge of the worker.

Two) On the complementary basis, the twenty-seven comas ninety-three per cent, of which the twenty-three coma seventy-four will be in charge of the businessman and the four-coma nineteen in charge of the worker.

Two. The premiums of the first rate for the contribution to the accident of work and occupational disease, excluding the headings applicable to the Special Agrarian Regime, approved by Decree two thousand three hundred and forty three/thousand nine hundred and sixty and seven, of twenty-one of September, will be reduced by ten percent, from one of October of miI nine hundred and seventy-six.

FINAL DISPOSITION

One. The Government, on the proposal of the Minister of Labour, will approve a recast text of the provisions of the General Law of Social Security that are modified by the provisions of this Royal Decree-Law.

Two. The Ministry of Labour is empowered to lay down the precise rules for the application and development of the provisions of this Royal Decree-Law, from which the Courts will be immediately given an account.

TRANSIENT DISPOSITION

The provisions of this Royal Decree-Law shall apply to the beneficiaries of unemployment benefits, the cause of which is prior to the date of entry into force of the Act, in any case where it is more favourable to they, with the exception of the provisions of the third paragraph of Article 1.

Given in Palma de Mallorca to ten of August of one thousand nine hundred and seventy six.

JOHN CARLOS

The President of the Government,

ADOLFO SUAREZ GONZALEZ