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FELIPE VI KING OF SPAIN to all that the present join together and act.
Know: That the Cortes Generales have approved and I come in to sanction the following law: PREAMBLE and the maritime and fishing work is characterized by a series of distinguishing notes that deviate substantially from those that define and promote the application of protective mechanisms to other professional groups: the physical space in which activity, the harsh conditions of life on board takes place , the prolonged isolation of them crews, the remoteness of the home family, them high rates of morbidity and claims, etc., as well as the character seasonal of the work and the existence of a remuneration to the part.
With base in it earlier, the legislator took in consideration the character special of the activity maritime-fishing and you granted said qualifying, in order to the proper application of them benefits of it security Social. Thus, the Law 193 / 1963, of 28 of December, on Bases of the Security Social, in the number 11 of its base third foresaw, as one of them regimes special that had of be regulated specifically, the of them workers of the sea.
Subsequently, the text articulated first of the referred law on Bases of the Security Social, approved by the Decree 907 / 1966, of 21 of April, includes in its article 10.2, between them regimes special of it security Social, the of them workers of the sea. In the paragraph 4 establishes that is governed by them laws specific that is handed down to the effect, and must tender is in its regulation to the homogeneity with the regime General.
In fulfilling this mandate, Act 116/1969, of 30 December, came to regular regime special the Security Social of the workers of sea. Subsequently, by Decree 2864 / 1974, 30 August, approving the revised text of the law 116/1969, of 30 December, and 24/1972 of 21 June, which regulates regime special the Security Social of the workers of sea, with the fundamental purpose of achieving a degree of social protection similar to the of workers from other sectors for workers of the sea.
The circumstances indicated the work at sea, along with others such as extraterritoriality of maritime labour, the dispersion of the collective, seasonality of campaigns, the hostile and unpredictable nature of the environment where it develops the activity, etc., make up, also a labor framework that, along with Social Security benefits, is made precise definition and implementation underway of the fishing sector-specific programmes in the framework of a model of protection differed by its specific and integral character.
This protection social workers in the fishing sector integral is given by a single body, the Social Marine Institute, which carries out a double mission to these hard-working people: it is the body responsible for the protection and social problems of the fishing sector and acts as managing body of regime special the Security Social of the workers of sea.
Thus, article 1 of the law of October 18, 1941, which reorganizes the Social Marine Institute, establishes that the essential purpose of this organization is to meet the maximum application to the working people of the sea, favouring his moral, professional and socio-economic improvement.
The consolidated text of the law 116/1969, of 30 December, and 24/1972 of 21 June, in its article 44 comes to regulate certain social services aimed at working people from the sea and that they incardinarían in this comprehensive social protection of them, such as employment and the training action, periodic medical examinations , the inns, etc., which, at the time, were considered to be included within a broad concept of Social Security.
Moreover, the Institute Social of the Marina has come assuming, in its quality of body responsible of it protection social of them people workers of the sector fishing, certain powers and functions directed to the improvement professional and socio-economic of these people working, that have come imposed by it ratification, from Spain, of certain conventions of it Organization International of the work , as well as by the application of regulations specific for the sector maritime.
This more specific social protection of workers in the fishing sector, which exceeds the own Social Security and that covers not only to workers who develop their activity in this sector but also aim to access it, never had a uniform legal framework, as has occurred with regulation regime special the Security Social of the workers of sea contained in the revised text of the law 116/1969, of 30 December, and 24/1972 of 21 June.
II. up to the present time have been several with legal provisions that have come to alter the content of the text adopted in 1974, in order to provide new wording to different articles, add any new or proceed to its repeal in cases in which thus has become necessary. All this in order to adapt the rule to the existing reality.
On the other hand, the legislative amendments operated on the consolidated text of the General Social Security Act have come to also influence the content of the text of 1974. Concerning notably the amendment of conception of the social services that are part of the protective action of Social Security operated by Royal Decree-Law 36/1978, of 16 November, on institutional management of Social Security, health and employment, leaving out the same benefits and services that provides the Social Marine Institute , such as those corresponding to the training action, preventive medicine, etc.
Seems, therefore, that has arrived the time of give a step more in this process of adequacy normative and proceed to the reprocessing of a new text legal that adjust both the regime special of it security Social of them workers of the sea as the rest of benefits and services managed by the Institute Social of the Marina as entity responsible of the protection and problematic social of the sector fishing.
Are several them reasons that advise undertake this performance institutional: it obsolescence of the text existing regulator of the regime special, it already referred profusion normative dictated with after to the entry in force of the text consolidated of 1974, it complexity of the regime special, especially appreciable in materials as the field of application, it quote and it action protective, with special attention to the provision of retirement , the coexistence in a same Social security scheme for workers and self-employed workers self-employed or autonomous, to which must be added, therefore, the figure of the assimilated working person, who added more complexity, if possible, to the definition of the person working from the sea for protective purposes, as well as the absence of a standard legal rank governing benefits and services targeted to working people of the fishing sector and that go beyond Social Security benefits.
In addition, the quantity and variety of regulations issued in implementation and development of the current consolidated text require an update of the content of the same, in order to maintain the principle of policy coherence and the need to adapt the specific legislation regime special of the Security Social of the workers of the sea and various benefits not included in the system of Social Security to the social and economic reality of the fishing sector.
Moreover, in this new text is aims to clarify and define the field of application of the regime special, primarily in what is refers to certain collective in which is produce important incidents with regard to its framework.
Finally, is precise noted that the Commission for the reform of them administrations public (CORA), in its report approved by the Council of Ministers the last 21 of June of 2013, has raised the need of address a «Plan of rationalization normative» that, in the field of the administration of the State, affects practically to all them ministries.
Also, there are that have in has the mandate content in it available additional second of it Law 19 / 2013, of 9 of December, of transparency, access to it information public and good government, according to which the Administration General of the State will undertake a review, simplification and, in his case, a consolidation normative of its ordering legal, for which must repeal them standards that have remained obsolete and determine the need of introduce modifications , news or propose the elaboration of a consolidated text.
This makes it even more appropriate, if possible, address without further delay the task of reworking a new legal text regulating the social protection of workers in the fishing sector.
III the law is structured into a preliminary title and three titles.
Title I of the Act regulates regime special the Security Social of the workers of sea.
Them main objectives pursued by the law for the regulation of this regime special are them of define the field of application, regulated in the chapter I attending to them requests made by the sector, to the doctrine jurisprudential, to them changes operated in the form of organization of the sector and to the own evolution of the cited sector fishing.
First, continues in the regime special the Security Social of the workers of the sea to those workers who perform a maritime-fishing activity on board, enrolled as technicians or crew members, but included as a novelty to certain groups that, not yet developing a work activity that is strictly that nature, is considered that they should be protected by the aforementioned special regime when performing the same on board a boat , as it is the research staff, fisheries observers and security personnel.
On the other hand, is includes by first time the term aquaculture, to the object of grouping low such denomination different activities framed in the regime special, being excluded of it same them people workers that provide services in companies dedicated to the aquaculture in area terrestrial. In addition, divers are professionals, which so far only included in the regime special the Security Social of the workers of the sea when they held their services in a maritime-fishing company, being excluded the recreational.
In what regard to them stevedores port and before it great problematic emerged in them last years. with regard to the request of inclusion of people working in this regime special as such stevedores when not performed activities of stowage port, is includes a definition of the stevedore port, configuring it as that that performs them activities that integrate the service port of manipulation of goods related in the article 130 of the text consolidated of it law of ports of the State and the merchant marine, approved by Royal Legislative Decree 2/2011.
Is still including them works of character administrative, technical or junior of them companies maritimo-pesqueras and of them brotherhoods of fishermen and others organizations of the sector and is incorporate, as novelty, them works administrative of companies forklifts and entities of put to disposal of people working to such companies whenever develop its activity exclusively in the field port, equating his treatment to the of those. Inclusion that is carried out is clearly different administrative work of these companies of the work developed by the stevedore, so that the first does not entail the application of reduction coefficients of the retirement age if applied to the second.
Also it has been configured the special regime with two large groups, self-employed workers and persons working on their own, by deleting fictitious legal formulas which, although at one point they served to regulate certain groups, it is not currently necessary to keep, as it is the case of shipowners assimilated to working people on behalf of others.
Thus, in the article 4 is defines to them people working by has own, keeping is as autonomous those that came defined as such in the text consolidated of 1974 e including is a new collective of autonomous dedicated to the marine merchant that, until now, were framed in the regime special of it security Social of them workers by has own or autonomous. The self-employed engaged in aquaculture and the professional divers, excluded the recreation are also included.
Suppresses the Group of working people assimilated to working people employed, regulated in article 4 of the text revised in 1974 as it is considered as workers on their own with the unique peculiarity of van shipped.
In this regime special, them boats are considered as centers of work by what must exist a connection or bonding between the registration of boats that is manages by the Institute Social of it Marina and the record of ships of Marina merchant, coordination that is collects in it law incorporating is it mandatory of that them boats national listed registered in the record of ships of Marina merchant with character prior to the registration of the boat in the Instituto Social de la Marina.
Also is provides the possibility of sign boats foreign in the registration of the Institute Social of the Marina in the so-called of that them crew should be framed in the regime special of it security Social of them workers of the sea.
In chapter III, relating to the trading, remains the peculiarity in terms of the determination of the contribution bases for workers paid a part and in congruence with the incorporation of new collective of autonomous workers and suppression of assimilated self-employed owners, is included in three existing trading groups both to workers employed as to persons working on their own , keeping them peculiarities with regard to the application of coefficients corrective of it quote exclusively for the groups second and third.
Also included is new the incompatibility of apply the weightings quote along with any further reduction or bonus in the quote, unless expressly otherwise provided.
Finally, referred to only in relation to benefits regulated in chapter IV, the specialties that correspond to this special scheme, referring to everything else to the general rules of Social Security, in order to achieve a manageable and simplified text, avoiding duplication in regulation.
Title II of the Act regulates the specific social protection of workers in the fishing sector that do not have the consideration of Social Security benefits.
Chapter I sets who are the beneficiaries of this specific social protection, i.e., those who develop or want to develop a work in the fishing sector. Therefore, included as beneficiaries not only to those workers who develop their activity in this sector and which, therefore, are framed in the regime special the Security Social of the workers of the sea, but also to those who want to join the fishing sector and which, for this must receive the corresponding maritime training or obtain the required medical examination to embark.
In the chapter II is regulate them benefits and services targeted to them people workers from the sector fishing that constitute that protection social specific.
This includes all the features of maritime health. Maritime health actions are based on the concept of health in the marine environment requires to implement preventive, supplementary health mechanisms of the health care, comprehensive and planned, so try to minimize those factors morbigenos which determine the uniqueness of this fishing sector, in particular the remoteness of health centres from the health point of view work on mobile platforms, exposure to unpredictable natural environment and the social and familial isolation. Includes, therefore, medical examinations of maritime shipping, which, in addition to ensuring that the working person access the ship in the best possible conditions, allow and represent from the health point of view, an important contribution of data that are the starting point to get to know the State of health of the population of the fishing sector and finally constitute an important support in the event that the working person required medical care aboard from the different (healthcare units which are designated in article 21.2. to); also, the inspection of them conditions sanitary of them boats, taking in has that them conditions of life and of work aboard may be determinants of certain diseases or predispose to the risk of accidents labour, by what said control constitutes a work of capital importance in it function preventive of the accident and of the disease; kits control and protection, promotion, and improvement of occupational health.
On the other hand, the welfare services for the maintenance and repatriation are included in cases of abandonment, shipwreck or similar facts.
Finally, provides health and maritime vocational training to meet the demands and training needs of workers in the fishing sector.
Title III contains a number of provisions on the management carried out by the Social Marine Institute as an entity responsible for the social protection of workers in the fishing sector, as well as its economic and financial regime.
PRELIMINARY TITLE General provisions article 1. Regulatory legislation.
Regime special the Security Social of the workers of sea shall be regulated by this law and its development provisions, as well as rules of general application in the Social security system.
The protection social of them people workers of the sector fishing is complements with the other provisions contained in this law and in their standards of development.
TITLE I scheme special of the Security Social of the workers of the sea CHAPTER I scope article 2. Extension of the field of application.
Will be framed in regime special the Security Social of the workers of sea workers or assimilated people that fulfill the requirements to be included in the system of Social security listed in article 7 of the revised text of the General Social Security Act, approved by Royal Legislative Decree 1/1994, of 20 June , exercise its activity in territory national, with the caveats referred in the article 6 of the present law, and is are included in some of them alleged referred in this chapter.
Article 3. Self-employed.
Will be covered in the regime special the Security Social of the workers of the sea following workers employed: to) workers exercising their activity maritime-fishing aboard the boats, ships or following platforms, appearing in the role of as technicians or crew: merchant marine 1.
2 of sea fishing in all its forms.
3 of inland ports traffic.
4th sports and of recreation.
5 fixed platforms or appliances or facilities susceptible perform exploration or exploitation of marine resources, on the bed of the sea, anchored or supported on it.
Not will have the consideration of such facilities them pipelines, gas pipelines, cables submarine, emissaries submarines and any other type of pipes or facilities of character industrial or of sanitation.
(b) workers exercising their activity on board boats or ships of the Merchant Navy or fishing there as research staff, fisheries observers and security personnel.
(c) persons workers dedicated to the extraction of products from the sea.
(d) workers engaged in aquaculture developed in the area of maritime and terrestrial, including aquaculture in sand and water, such as cultivated banks, parks crops, trays and cages.
Are expressly excluded them people working by has others that provide their services for companies dedicated to the aquaculture in the area terrestrial, as hatcheries, farms marine and centers of research of crops marine. Also, excludes working people dedicated to freshwater aquaculture.
(e) divers extractors of marine resources.
(f) divers with professional qualification in industrial activities, including the educational activity to obtain this degree.
Are excluded the divers with degrees scuba.
(g) driftnet and netmakers.
(h) port stevedores.
For the purposes of its business environment in this special scheme only considered port dockers, irrespective of the common or special nature of their employment relationship, to those who develop directly the activities of loading, stowage, unloading, unloading and transhipment of goods, subject to maritime traffic, allow their transfer between ships or between these and Earth or other means of transport , that make up the port service of handling goods listed in article 130 of the text revised the law of State ports and merchant marine, approved by Royal Legislative Decree 2/2011, 5 September, and regardless of the State or autonomic nature of the port.
In any case, these port stevedores must develop activities referred to in the previous paragraph as a proprietor of the corresponding license of the port service of handling goods or services, as well as entities of provision of workers to these companies.
(i) practical of port.
(j) workers who develop activities of administrative, technical, and junior maritimo-pesqueras companies of port stevedoring and within authorities in provision of workers to companies of the port handling goods service licenses, provided that develop their activities exclusively in the port, regardless of the State or autonomic nature of the port.
Working people that develop these activities in the service of fishermen's associations and their federations, cooperatives of the sea and of the trade union organizations of the fishing sector and associations of shipowners will also be included.
For the purposes of the framework in this special scheme for workers of port stevedoring companies, the company shall be licensee's corresponding of the port handling goods or services license service, regardless of the State or autonomic nature of the port.
(k) any other group of people working to develop a maritime-fishing activity and whose inclusion in this scheme is determined by the Ministry of employment and Social Security.
Article 4. Self-employed persons.
1 will be included in the regime special the Security Social of the workers of the sea, as workers self-employed, those who perform habitually, personal and direct, outside of the scope of management and organisation of different and lucrative title any of the following activities: to) activities maritimo-pesqueras on Board of vessels or vessels listed below , figuring such workers or owners in the role of as technicians or crew: merchant marine 1.
2 of sea fishing in all its forms.
3 of inland ports traffic.
4th sports and recreation.
(b) aquaculture developed in maritime or terrestrial area.
(c) the shellfish, sea bites, seaweed pickers and analogues.
(d) divers extractors of marine resources.
(e) divers with degree professional in activities industrial, including the activity teaching for the obtaining of such qualification.
Are excluded the divers with degrees scuba.
(f) purse and rederas.
(g) practical of port.
2. will have the consideration of family contributors of the person working by has own, and therefore, will be included as people working by has own in the regime special, the spouse and them relatives by consanguinity or affinity until the second grade including, of any of them people workers by has own to is concerns this article, that work with them in their holdings of form usual , live with the householder and depend on economically from it, unless is show its condition of salaried.
However the above, to be considered as family contributor in the groups second and third contributions referred to in article 10, shall be prerequisite performing identical activity to the holder of the exploitation.
Article 5. Similar to self-employed workers.
1 shall be treated as workers self-employed, with exclusion of the unemployment protection and the bottom of wage guarantee, counselors and administrators of capitalist corporations, provided that they do not have control on the terms set out in paragraph 1 of the twenty seventh additional provision of the consolidated text of the General Social Security Act When your position involves carrying out the functions of direction and management of the society, being paid for it or by their status as workers by the same account.
2. also, is treated to people working by has outside them practical of port that, for the realization of its activity of pilotage, is constitute in companies holders of license of the service port of pilotage in a port, with exception of the right to them benefits by unemployment and Fund of warranty wage, of which are excluded. Such entities shall be regarded as entrepreneurs for the purpose of this special regime with regard to our port in these pilots and the rest of the staff at your service.
Article 6. Exception to the principle of territoriality.
1 are included in the scope of this special scheme working people resident in Spanish territory, although exercising an activity employed on Board of a vessel flying the flag of a Member State of the European Union or flag of a State with which Spain has signed a bilateral or multilateral social security agreement that will collect the exception to the principle of territoriality they are paid by a company or a person who has his seat or his domicile in Spain.
2 will also be included in this special scheme workers resident in Spanish territory to work in mixed societies and based companies registered in the official register, without prejudice to what might result from bilateral or multilateral international treaties signed by Spain.
CHAPTER II registration of companies and affiliation of workers article 7. Registration of companies and affiliation of workers.
In the field of registration of companies and affiliation of workers will be provisions in General in the consolidated text of the General Social Security Act and its regulations of development, with the following special features: a) vessels, fixed platforms, artifacts and marine facilities where workers included in the scope of this special scheme to develop their maritimo-pesqueras activities shall be entered in the register of ships than to such effect will be by the managing body.
For the registration in the registration of boats will be requirement necessary the justification of have been registered e identified the boat in the corresponding register, ordinary or special, of ships of ownership of the Ministry of promotion.
Also entered in the register of ships foreign vessels in which, pursuant to article 6, provide their services workers that should be included in the scope of this special scheme.
(b) the high chosen out of the term regulatory by the person working by has own not will have effect retroactive one.
(c) the workers on their own in the third group of contributions regulated in article 10 of this law shall be obliged to arrange with the entity managing the protection of the common contingencies and will be required to quote for the contingency of vocational training.
CHAPTER III contribution and revenue article 8. Quote.
In regime special the Security Social of the workers of sea birth, duration and the extinction of the obligation to make contributions, the liquidation operations of the same, period, form, place and deadline for their submission, as well as verification and control, shall be governed by provisions of a general nature in the consolidated text of the General Social Security Act and its implementing regulations that establish the peculiarities of this special scheme.
Article 9. Contribution bases.
1 quote for all contingencies and situations protected in this special scheme of the Security Social of the workers of sea shall be carried out having as base actually pay, computed according to the rules established for the contribution to the General regime of the Social Security and subject to the absolute limits, minimum and maximum, and the relative minimum and maximum bases applicable to each group of occupational categories (, in them terms established by the normative regulatory, without others particularities that them following: to) for the determination of them bases of quote for all them contingencies and situations protected by this regime special, with regard to them people workers included in them groups second and third of them groups of quote to is concerns the article 10 of this law actually pay are considered to be those determined annually by order of the Ministry of employment and Social Security, on the proposal of the Social Marine Institute, heard the Trade Union and employers organizations representative, fishermen's associations and fishing producers organizations.
This determination is made by provinces, modalities of fishing and categories Professional on the base of them values media of the remuneration perceived in the year preceding and by the procedure that set the Ministry of employment and security Social.
(b) the contribution bases determined pursuant to the preceding paragraph with respect to working persons included in the second and third groups referred to in article 10, shall be unique. However, these bases not may be lower to the bases minimum established in each exercise for the different categories professional in the regime General of it security Social.
(c) in any case, for the determination of the basis for contribution for common contingencies regarding the companies and workers included in the groups second and third groups of contributions established in article 10, the resulting amounts in accordance with the rules laid down in the preceding paragraphs of this article, the weightings laid down in article 11 shall apply.
2. employers the regime special of the Security Social of the workers of the sea shall be notified to the General Treasury of the Social Security in each settlement period, the amount of the compensation paid to their workers concepts, regardless of its inclusion or not on the basis of Social security contributions and although unique bases may apply.
Article 10. Classification of people working.
1 workers included in the special regime of the Social security are classified, for the purpose of quotation, in three groups: to) the first group include: 1 working people assimilated or self-employed person paid salary carrying out any of the activities listed in article 3.
2. self-employed workers persons carrying out any of the activities listed in article 4 except that appropriate inclusion in another group.
3rd them people working by has alien or assimilated and them people working by has own or shipowners, paid to the part, that exercise their activity fishing aboard of boats of more than 150 tons of record gross (GRT).
(b) in the second group, that is subdivided to its time in two, is will include: 1 group second A: them people working by has alien and by has own or shipowners, paid to the part, that exercise its activity fishing aboard of boats covered between 50,01 and 150 GRT, enrolled in them same as technical or crew.
2nd second group B: workers self-employed and own-account or owners, paid the party, carrying their fishing on Board of vessels between 10.01 and 50 GRT, enrolled in them as technicians or crew.
(c) the third group include: 1 workers employed paid the party, carrying their fishing activities on board vessels that do not exceed 10 GRT, enrolled in them as technicians or crew.
2nd working people on their own such as shellfish, sea bites, pickers of algae and analogues, divers extractors of purse, marine resources and netters and shipowners carrying their fishing activity on Board of vessels of up to 10 TRB, being enrolled in them as technicians or crew.
2. to be included in the second or third group as a person working on their own, the income obtained from such activities shall constitute its fundamental life means, even though a casual or permanent basis perform other work not specifically maritimo-pesqueros determinants or non-inclusion in any of the regimes of the Social security system.
3 system of remuneration adopted, salary or the part, will link equally to all members of the crew, including the ship-owner.
Article 11. Weightings.
(1. to them companies and people working that are included in them groups second and third of the paragraph 1 of the article earlier, is them may apply for the purposes of quote them coefficients corrective following: to) to the Group second of quote, you will be of application ones coefficients corrective of two thirds and of a medium, according to is are included in the Group second to or second B.
(b) a third group of quotation, shall you apply a corrective factor of one third.
2. the coefficients corrective is apply to the base of quote by contingencies common, unemployment and cessation of activity.
3. the regulatory bases of the economic benefits that are caused by workers included in the second and third groups will be calculated over the whole of the base of contributions, without application of the weightings.
4. a first group of quote they will not be of application the weightings of the quote.
5. the application of the weightings will be incompatible with any other reduction or bonus in the quote, unless expressly otherwise provided.
Article 12. Fundraising.
1 in the regime special the Security Social of the workers of the sea the revenue management is governed by provisions in General in the consolidated text of the General Social Security Act and its implementing regulations.
2. the Social Institute of Navy will collaborate with the General Treasury of the Social Security in the performance of actual revenue function within the scope of the referral scheme special of the Social Security.
CHAPTER IV article 13 protective action. Protected contingencies.
1. the special regime of the Social security of workers in the sea covers contingencies and benefits which are determined by this law.
2. the contingencies protected under this law are defined as set out in the General scheme of the Social Security in relation to self-employed workers and as set out in the special regime of the Social security of employees by self-employed in relation to self-employed workers.
Article 14. Benefits.
1 a working persons covered in the scope of this special scheme and, where appropriate, their families or assimilated, shall be granted, in the extension, terms and conditions that are established in this law and the regulations that are applicable, the following features: to) health care in cases of maternity , disease common or professional and accidents, whether or not working, both on national territory or abroad.
(b) recovery professional, whose provenance is appreciate in any of those cases that is mentioned in the paragraph above.
(c) the economic benefit for temporary disability.
(d) providing economic by maternity.
(e) financial benefit for paternity.
(f) economic benefit for risk during pregnancy.
(g) financial benefit for risk during breastfeeding.
(h) financial benefit for care of children affected by cancer or other serious illness.
(i) financial benefit for permanent disability.
(j) financial benefit for retirement.
(k) economic benefits for death and survival.
(l) family benefits.
(m) unemployment in their levels of tax and welfare benefits.
(n) performance by cessation of activity.
(n) welfare benefits and social services in response to contingencies and special situations resulting from work in the sea.
(o) the benefits for social services that may be established for training and rehabilitation of people with disabilities and assistance to older people, as well as other matters that it considers appropriate.
2. in addition, and as a complement of benefits included in the previous section, the social assistance benefits may be granted.
Article 15. Voluntary improvement of benefits.
The protective action of this special scheme may be voluntarily improved on the terms laid down in the General regime of the Social Security and other special regimes.
Article 16. Revaluation of pensions.
Pensions recognized by regime special of the Security Social of the workers of the sea, anyone who is the contingency that have determined them, will be increased at the beginning of each year, in accordance with provisions in this field in the consolidated text of the General Social Security Act.
Article 17. Characters in the performance.
1 benefits the regime special of the Security Social of the workers of the sea, as well as the benefits of its social services and social assistance, may not be subject to retention, without prejudice to the provisions of paragraph 2 of this article, total or partial assignment, compensation or discount, except in the following cases: to) in order to comply with maintenance obligation in favour of the spouse and children.
(b) in the case of obligations assumed by the beneficiary within the field of Social Security.
Embargo concerning it shall apply provisions of law 1/2000, of 7 January, code of Civil procedure.
2. perceptions derived from the protective action of regime special the Security Social of the workers of sea is subject to taxation under the terms and conditions set forth in the regulations of each tax.
3. no any tax fee may be required or right of any kind in how much information or certifications have provided the corresponding bodies of the Social Security Administration and administrative, judicial bodies or any other order in relation to allowances and benefits referred to in paragraph 1 of this article.
Article 18. Incompatibility of pensions.
1. this special scheme pensions are incompatible each other when match in a same beneficiary, unless otherwise provided by law or legal. In the event of incompatibility, who could be entitled to two or more pensions may choose one of them.
2. the regime of incompatibilities established in the paragraph previous will be also applicable to the compensation to both raised planned in the paragraph 2 of the article 139 of the text consolidated of it law General of it security Social as provision replacement of the pension of disability permanent, in his grade of total.
Article 19. Computation of periods of contribution to the various Social security schemes.
1 when a working person accredited successive or alternatively contribution periods regime special of the Security Social of the workers of the sea and other or other Social security schemes, these periods or those who are assimilated to them, who had served under the rules governing them, may be totaled, provided that they do not overlap , for the acquisition of the right to benefits.
2. in no case may apply the reciprocal calculation of contributions by cessation of activity between regimes, as well as the reciprocal calculation of quotes by cessation of activity and unemployment.
Article 20. Conditions of entitlement to the benefits.
1. the persons included in the scope of this special scheme will result in entitlement to benefits of the same when, in addition to individuals required for the respective provision, meet the general requirement to be affiliated and high in this regime or equivalent situation at discharge, to ensue the contingency or protected status, unless expressly otherwise legal.
2 benefits whose concession or amount is subject, in addition, to the fulfilment of certain periods of contribution, only will be Computable actually made contributions or expressly assimilated to them in legal or regulatory provision.
Article 21. Health care.
1 will have right to health care to same extent and conditions that are established in the General Scheme: to) workers or assimilated persons covered by this special scheme, in the contingencies of common or professional disease, accident, or not work, and maternity.
(b) pensioners of this special regime, and that without such character are receiving regular benefits, on terms to be determined by regulation.
(c) family members or assimilated to have in charge the persons referred to in the preceding paragraphs, in the extent and terms established by law.
2 workers or assimilated persons covered by this special scheme, well they are engaged, abroad or within the national territory, have the right, in any case, to health care, which will be lent by the Social Marine Institute in the following cases: to) when they are on-board and/or abroad, using its own means such as the Centre medical radio , them ships health, them centers care in the foreign and others that can implement is or according the evacuation and repatriation of people working sick or rugged, without prejudice of them obligations that fall to them entrepreneurs in accordance with the legislation existing.
When the Institute Social of the Marina not available of resources health in the port foreign in that is attended the sick or rugged, such assistance health will be to cargo of the company by whose has work and, subsequently, the entity manager refunded to them companies registered in the regime special of it security Social of them workers of the sea the amount of them expenses that les unreasonable such assistance , any that is it contingency determinant of the same, whenever such companies have covered such contingency with it own entity, according to the conditions, concepts and amounts that is established regulations.
(b) within the national territory, in the cities of Ceuta and Melilla and in those territories in which those functions not will have transferred to the autonomous community concerned, including hospital care, specialty and emergency services.
(3. the provisions of paragraph 2.b) of this article shall also apply to pensioners and recipients of periodical and family or similar benefits from these and the workers covered by this special scheme. In the rest of the country, health care will be provided by the public health service of the corresponding autonomous community.
4. the participation of the beneficiaries in payment of medicines will be identical to the General regime.
Article 22. Professional recovery.
He is may recognize workers included in the regime special the Security Social of the workers of the sea to the provision of professional recovery, whose origin to appreciate in any of the cases mentioned in the previous article, in the terms and conditions that is regulated by law.
Article 23. Temporary disability.
1. the economic benefit for temporary disability resulting from common illness or non-work-related accident and accident at work or occupational disease shall be granted to workers employed and self-employed regime special of the Security Social of the workers of the sea under the same conditions and with the same requirements as those laid down in the regulations of the General scheme or , where appropriate, the special regime of the Social security of employees by self-employed.
2. for workers employed in the second and third groups referred to in article 10, the payment of the benefit shall be made in the form of direct payment by the managing body or the mutual partner with Social Security, maintaining the obligation to make contributions as long as the employment relationship is not extinguished.
Article 24. Maternity.
1. the provision economic by maternity, is grant to them people working by has alien and by has own of the regime special of it security Social of them workers of the sea in them same conditions and with them same requirements that them established in the normative existing of the regime General or, in its case, of the regime special of it security Social of them workers by has own or autonomous.
2. to them effects of the cited provision is considered situations protected the maternity, the adoption and the foster care family, both pre-adoptive as permanent or simple, although such foster care are provisional, of conformity with it willing in the text consolidated of the law General of it security Social.
3. also can be beneficiary of a subsidy by maternity them working by has alien that, in case of childbirth, meet all them requirements established for access to the provision by maternity, except the period minimum of quote established in the article 133 ter of the text consolidated of the law General of it security Social.
Article 25. Paternity.
1. it provision economic by paternity is grant to them people workers by has alien and by has own of this regime special in the same conditions and with them same requirements that them established in the regime General or, in its case, in the regime special of it security Social of them workers by has own or autonomous.
2. for the purposes of the aforementioned provision shall be considered situations protected the birth of the child, the adoption and the foster care family, both pre-adoptive and permanent or simple, although such foster care are provisional, in accordance with the provisions of the consolidated text of the General Social Security Act.
Article 26. Risk during the pregnancy.
1. the financial risk during pregnancy benefit will be awarded to workers employed and self-employed regime special of the Security Social of the workers of the sea under the same conditions and with the same requirements as those laid down in the regulations of the General scheme or, where appropriate, of the special regime of the Social security of workers self-employed or autonomous.
2. to them effects of the cited provision is considered situation protected, for them workers by has alien, the period of suspension of the contract of work in them alleged in that, must it woman working change of since of work by another compatible with its State, in them terms expected in the article 26, paragraphs 2 and 3, of the law 31 / 1995 8 November, of prevention of labour risks, said change of position is not possible technical or objectively, or not may reasonably be required for justified reasons.
3. also, in the so-called of workers by has own, is considered situation protected that in that is is it working pregnant during the period of interruption of it activity professional, in them alleged in that the performance of the same influence negatively in your health or in it of the fetus and so is certify by them services medical of the entity manager or of it mutual collaborator with it security Social competent.
4. for the purposes of this provision is not considered protected situation arising from hazards or diseases that may affect negatively on the health of the woman or the fetus, if it is not related to agents, procedures or working conditions of the activity performed, determining their inclusion in the scope of regime special the Security Social of the workers of sea.
Article 27. Risk during breastfeeding.
1. the financial risk during breastfeeding benefit will be awarded to workers employed and self-employed regime special of the Security Social of the workers of the sea under the same conditions and with the same requirements as those laid down in the regulations of the General scheme or, where appropriate, of the special regime of the Social security of workers self-employed or autonomous.
2. for the purposes of the aforementioned provision shall be deemed protected situation, in the case of workers employed, the period of suspension of the employment contract in the cases, and working women shifting of work by other compatible with its location, in the terms provided for in article 26.4 of the law 31/1995 , of 8 of November, said change of since not is technical u objectively possible, or not can reasonably demand is for reasons justified.
3 Furthermore, in the case of self-employed, shall be deemed protected situation the period of interruption of the profession during the breastfeeding period, when the performance of it could adversely affect the health of the woman or of the son and is so certified by the managing body or mutual collaborating with the competent Social Security medical services.
4. for the purposes of this provision shall not be deemed protected situation arising from hazards or diseases that can affect the health of the worker or the child, if it is not related to agents, procedures or working conditions of the job or activity held.
Article 28. Economic benefit for care of children affected by cancer or other serious illness.
The economic benefit for care of children affected by cancer or other serious illness will be granted to workers employed and self-employed regime special of the Security Social of the workers of the sea under the same conditions and with the same requirements as those laid down in the regulations of the General scheme or, where appropriate , the special regime of the Social security of the workers by self-employed.
Article 29. Permanent disability.
1. the economic benefit for permanent disability awarded by this special scheme will be governed by the norms established for the General scheme or, where appropriate, the special regime of the Social security of employees by self-employed.
2 will be beneficiaries of this provision, to the corresponding extent, self-employed and own-account workers persons included in this special regime are declared in such a situation and that, in addition to meeting the requirement in article 20.1 of the Act, would have covered the minimum contribution period required in the revised text of the General Social Security Act unless this situation arising out of accident, whether or not of work or occupational disease, in which case not be demanded any prior contribution period.
However provisions in the previous paragraph, pensions for permanent incapacity in the degrees of permanent disability, absolute for all work or serious disability, derived from common contingencies may occur although stakeholders are not at the time of the risk materialized in signup or assimilated to the high status, in which case the provisions of the second paragraph of article 138.3 of the text of the General Social Security Act applies as regards the contribution period.
3. shall be the recognition of the right to the provision of permanent disability arising from common contingencies when the recipient, on the date of the causal event, reached the age to access with or without the application of reduction coefficients ordinary retirement.
Article 30. Retirement.
1. the economic benefit retirement regime special the Security Social of the workers of sea will be unique for each beneficiary and will consist of a pension that will be recognized in the same conditions, amount and manner as established in the regulations of the General scheme or, where appropriate, the special regime of the Social security of workers self-employed or autonomous.
2. the age for access to this service will be established in the General Scheme. This age can be reduced by applying reducing coefficients in professional activities of exceptionally painful, toxic, hazardous or unhealthy nature which accused is high rates of morbidity or accidents, as well as those of others whose realization involves a continuous separation from home and family estrangement. The reduction coefficients shall apply at the time effectively performed in each of the activities. Likewise, shall be included within the time effectively made landing periods due to illness or accident, as well as vacations, permits or other paid licenses that apply in accordance with that established in the applicable labour legislation.
Them cited coefficients reducers are them established in the Real Decree 1311 / 2007, of 5 of October, by which is established new criteria to determine the pension of retirement of the regime special of it security Social of them workers of the sea.
Any modification, removal or application of new reduction coefficients of the retirement age must comply with the procedure laid down in the Royal Decree 1698 / 2011, on 18 November, which regulates the legal regime and the general procedure to set reduction coefficients and anticipate the retirement age in the Social security system.
3. the period of time in that is lowered the age of retirement of the person working by it application of them coefficients reducing to is refers the paragraph previous not may be upper to ten years and is computed as quoted to the exclusive effect of determine the percentage applicable for calculate the amount of the pension, without in no case said percentage can be upper to which is would have applied of have continued working until it age ordinary of retirement that in each case would have corresponded to the person working.
4. not proceed the application of them coefficients reducers of age, when is access to the pension of retirement from the situation of not high.
Article 31. Death and survival.
1 in the case of death, anyone who was their cause, will be awarded, depending on the circumstances, some or some of the following features: a) a relief by death.
(b) a life pension for widowhood.
(c) a temporary provision of widowhood.
(d) an orphan's pension.
(e) a pension on behalf of relatives or, in their case, a temporary subsidy.
(f) a compensation special to both fixed in case of accident of work or illness professional.
2. with regard to the benefits contained in the preceding paragraph shall apply the rules laid down in the General scheme or, where appropriate, the special regime of the Social security of employees by self-employed for each of them.
Article 32. Family benefits.
1 workers and pensioners placed under this special procedure shall be entitled to family benefits in the same amounts, assumptions and conditions set out in the regulations.
2. Management, recognition and payment of family benefits shall be the managing body to be determined according to the rules.
Article 33. Unemployment benefits.
Them benefits by unemployment is granted to them people working by has outside of this regime special in them same terms and conditions and with them same requirements that in the regime General, without prejudice of them provisions specific that can approve is on the occasion of the peculiarities of the work in the sea.
Article 34. Benefits for cessation of activity.
1 workers self-employed framed in this special scheme may be beneficiaries of allowances for cessation of activity in the same terms and conditions and with the same requirements as those provided for autonomous workers in law 32/2010 of 5 August, by which establishes a specific protection system for cessation of activity of self-employed workers , unless by the specificities own of the working fishing is necessary the application of criteria specific.
2. the application and management of the provision on cessation of activity will correspond to the mutual partner with Social security or the Social Marine Institute, depending on who the coverage of occupational contingencies have agreed.
3 in the regime special the Security Social of the workers of the sea, the base pension is calculated on the totality of the contribution base for this contingency, without application of the weightings for quotation.
4. the periods of compulsory ban approved by the competent authority will not be taken into account for the computation of the 12 months immediately prior to the legal situation of cessation of activity and continued, provided in these periods of veda does not provision would have perceived by cessation of activity.
Article 35. Social services and social assistance.
1. irrespective of the benefits referred to in the preceding articles, social services to be determined by regulation shall be established in favour of working people and, where appropriate, of their beneficiaries.
(Is considered included in the paragraph previous them services rendered in them facilities of welfare social in port, i.e., them services of hospedería, as well as the following benefits welfare in attention to contingencies and situations special of the work of the sea as consequence of shipwreck or accident of sea: to) by loss of luggage individual.
(b) by death on board or disappearance.
(c) by transfer of corpse.
Them benefits of them Inns is will lend by the Institute Social of the Marina in the cities of Ceuta and Melilla and in those territories in which them functions in matter of services social not is have pierced to the community autonomous corresponding.
2. the assistance social is can grant in the same alleged and conditions that in the regime General.
CHAPTER V infractions and sanctions article 36 in respect of Social Security. Offences and penalties.
In respect of offences and sanctions it will be provisions in the revised text of the General Social Security Act and the revised text of the law on offences and sanctions in the Social order, approved by Royal Legislative Decree 5/2000 of 4 August.
CHAPTER VI implementation of the General rules of the system article 37. Suppletive law.
In matters not provided for expressly in the law it will be provisions in the revised text of the General Social Security Act, as well as the provisions taken for its implementation and development.
TITLE II social specific protection of workers in the fishing sector subjective CHAPTER I scope of application article 38. Beneficiaries.
They will be beneficiaries of benefits and specific services that are regulated in the present title, in the context of the Instituto Social de la Marina, people who develop their activity in the sector of maritime-fishing, being framed in the regime special the Security Social of the workers of the sea, as well as those who not be framed in such a special regime intend to develop a work in the fishing sector.
CHAPTER II benefits and specific services for the fishing sector article 39. Maritime health.
Maritime health services shall include at least the following aspects: to) conducting medical examinations for sea-service in accordance with the specific Spanish legislation and the International Labour Organization conventions ratified by Spain, which are intended to ensure that the applicant's physical conditions are compatible with the characteristics of the job and do not pose danger to the health and safety of the individual or the rest of the crew as well as the realization of those other medical examinations determined based on Spanish law itself or derived from international conventions ratified by Spain and which are necessary for activities related to the fishing sector.
These medical examinations are practiced in centers of maritime health of provincial and local addresses of the Social Marine Institute.
(b) the inspection of them conditions health of them boats, including the control of them kits aboard, that is held by the personal health of the Institute Social of the Marina in the frame of the normative Spanish specific and of the derived of conventions international ratified by Spain.
Also held control of the kits that have IR equipped with ships as an instrument of support to the prescription by the optional through consultation radio medical, taking into account factors such as the type of ship, the number of people on board, the nature, destination and duration of travel, the kinds of activities that will be carried out during the trip the characteristics of the loading and the number of persons working on board. Grant-making procedures can articulate to partly finance the compulsory provision of these kits on board.
(c) the development of actions for the protection, promotion and improvement of occupational health, including the monitoring of the health of workers in the fishing sector, in accordance with the provisions of the law 14/1986 of 25 April, General health, and in the law 31/1995 of 8 November, de Prevención de riesgos laborales , and its implementing regulations, and any other actions of preventive medicine in the workplace, aimed at the sector, which it could instruct in the future the Social Marine Institute.
Article 40. Welfare services.
1 will be established in favour of the beneficiaries laid down in article 38 the following assistance services: a) assistance abroad to sustain and the repatriation of workers of the sea in the event of abandonment, imprisonment, shipwreck or similar fact.
(b) assistance to working people of the sea passers-by, national or foreign, in national territory, need a result of shipwreck, accident or any other cause.
These services will be provided by the Instituto Social de la Marina in the cities of Ceuta and Melilla and in those territories in which the functions in the field of social services have not has passed the corresponding autonomous community.
2. beneficiaries laid down in article 38, that are not enclosed in the regime special the Security Social of the workers of the sea, may benefit also from regulated services in article 35 if they meet the requirements established for access to the same, although in these cases, such services will be funded pursuant to the provisions of article 48.3.
Article 41. Sea and health professional training.
1. the Institute Social of the Marina, in accordance with it planned in them different recommendations, conventions and directives both of it Organization International of the work (ILO) as of the Union European, in particular of the recommendation number 137 of the ILO, and under them skills that has attributed in matter of training professional maritime and health, in order meet them demands and needs training of them beneficiaries of the sector fishing approve annual training plans, which may be extended or changed in each year.
2. may be beneficiary of it training professional maritime and health of the Institute Social of the Marina all those people that can be interested in such training for remain or access to occupations of the sector fishing, must prove, in the time of presentation of its request, them requirements that is established in the normative existing in each time.
3. the training will be held on national maritime training centres and provincial or local of the Social Marine Institute, with media owned or contracted as necessary to carry out the training.
TITLE III management and financial economic regime CHAPTER I management article 42. Entity competent.
1 the Social Institute of Navy, as an entity of public law with its own legal personality of national scope, which acts under the direction and supervision of the Ministry of employment and Social Security, is attached to the Secretariat of State of the Social Security and has a double dimension of skills: as the body responsible for the welfare of the fishing sector and as a managing body of regime special the Security Social of the workers of sea.
2. the Social Institute of Navy will develop its activity in decentralized regime, at different territorial levels. You will enjoy, to the same extent that the State, with the limitations and exceptions which, in each case, set current, absolute tax exemption tax legislation, including rights and fees, notary and registry, for acts performed or goods purchase or possess affected its purposes, provided that the taxes or levies that is borne directly by the organism of reference on taxpayer legal concept and without possible legal translation of the tax burden to other people.
You will also enjoy, in the same measure as the State, postal and telegraphic franchise.
3. in the field of data, reports or records obtained by the Social Marine Institute or supplied to him in the exercise of their functions shall apply as provided for in articles 66 and 66 bis of the consolidated text of the General Social Security Act.
Article 43. Management regime special the Security Social of the workers of sea.
1. as entity manager of the regime special of it security Social of them workers of the sea, corresponds to the Institute Social of the Marina it management, administration and recognition of the right to the benefits of said regime special, covered in it action protective of the same regulated in the chapter IV of the title I of this law.
Also, will act as entity collaborator of the Treasury General of the Security Social in matter of registration of companies, affiliation, high, low and variation of data of them people workers assigned to the cited regime special, as well as in the management of the quote and fundraising in period voluntary.
2. the collaboration in the management of the regime special of it security Social of them workers of the sea is take to out by them mutual collaborating with it security Social, companies and associations, foundations and entities public and private, in accordance with it established in the section fourth, of the chapter VII of the title I of the text consolidated of it law General of it security Social.
Article 44. Management of specific social protection of workers in the fishing sector.
As agency responsible for specific social protection of workers in the fishing sector, corresponds to the Social Marine Institute management, management and recognition of the right to benefits and services regulated under Title II of this law.
The development of this management will collaborate with the General direction of the merchant marine, the General Secretary of fisheries and other agencies related to the fishing sector.
Article 45. Organizational structure of the Social Marine Institute.
1. the Government, on the proposal of the Ministry of employment and Social Security, will regulate the structure and competencies of the Social Marine Institute.
2. the Social Institute of Navy will develop its activity in decentralized regime, at different territorial levels.
3 the Social Marine Institute will count as organs of participation in the control and monitoring of management with the following: to) at the national level: 1st General Council.
2. Executive Committee of the General Council.
(b) in the field provincial: commissions Executive provincial.
Article 46. Composition and functioning of the organs of participation in it management.
1. the composition and the operation of them organs of participation in the control and surveillance of it management, to which is concerns the article previous, is will regulate regulations, taking in has that between their members must appear, fundamentally by parts equal, representatives of them organizations Union and business more representative and of the Administration public, besides representatives of them corporations of right public of the sector fishing. The designation of representatives of the Administration General of the State is held in accordance with the principle of presence balanced of women and men, except by reasons based and objective, properly motivated.
2. the Council General will be chaired by the person holder of the Secretariat of State of it security Social and his Commission Executive by it person holder of the address of the Institute Social of the Marina.
CHAPTER II regime economic financial article 47. System business.
The financial system the regime special of the Security Social of the workers of the sea will be provided in the second section of Chapter VIII of title I of the consolidated text of the General Social Security Act.
Article 48. General resources.
1. the resources the regime special of the Security Social of the workers of the sea will be those provided for in the financing of the Social security system collected in the second section of Chapter VIII of title I of the consolidated text of the General Social Security Act, including fees and public prices and those natural or legal persons received income public or private and gratuitously, that is authorized to receive contributions.
2. the funding of it action protective of the regime special of it security Social of them workers of the sea, in its mode not contributory and universal, as well as the determination of the nature of them benefits, is governed by it willing in it section second of the chapter VIII of the title I of the text consolidated of it law General of it security Social.
(3. of conformity with it willing in the article 86.2. b) of the text consolidated of it law General of it security Social, the benefits and services of assistance health included in it action protective of it security Social and them corresponding to them services social, managed by the Institute Social of the Marina, unless is derived of accident of work and disease professional , will require of a funding from the State to contemplate in the budgets of each exercise economic.
First additional provision. Exception to the incompatibility of the application of coefficients Correctors of the quote with any other bonus or reduction.
It shall not apply the provisions of article 11.5 to the bonuses that come enjoy prior to the entry into force of this law.
Provision additional second. No increase in staff costs.
The measures included in this standard may not assume increased allowance or remuneration of other staff costs.
Third additional provision. Study on the conditions of work of sports and recreational divers.
Within a year, the Government will carry out relevant studies that allow to determine whether the work developed by recreational divers meets the requirements necessary to proceed with the inclusion of this group in the scope of regime special the Security Social of the workers of sea.
Available to transient first. Application of legislation previous to cause right to pension in retirement.
1 members high on the national maritime Montepio and welfare of portworkers boxes on August 1, 1970, date of entry into force the regime special of the Security Social of the workers of the sea, or on any other date previously and that, under the rules of the repealed regime, had right to retirement pension from age fifty-five or sixty in the case of dockers port, can also cause pension starting from these ages. In such a case the percentage of pension that the new regime applicable to them, according to their contribution periods, will experience seven cents lower each year that is missing to reach retirement age. The fractions of time inferior to the year will be assessed by twelfth parts.
For the purposes of the calculation of the percentage of pension that is referenced in the preceding paragraph, shall be weighted, in his case, the reduction coefficients of the age for retirement, referred to in article 30 of this law cause.
2. If by application of the provisions of paragraph 1 of the present transitional provision it is, in any case, a lower percentage to which would have corresponded in accordance with the statutes and other regulations before the entry into force of this special regime, applies this last percentage.
Second transitional provision. Contributions made in previous regimes.
Shall apply to this special scheme rules contained in the second transitory provision of the consolidated text of the General Social Security Act and the laid down for their application and development with the following caveats: a) the references to the date of the General scheme or on January 1, 1967, be construed as references to the entry into force of this special regime August 1, 1970.
(b) references to the labor Mutualism means made the national maritime Montepio and boxes of forecast port stevedores and, correlatively, those relating to the General regulations of the labor Mutualism to the regulatory standards of the aforementioned associations and mutual societies.
Provision repealing only. Repeal legislation.
They are hereby repealed many provisions are opposed to provisions in this Act and expressly, the consolidated text of the law 116/1969, of 30 December, and 24/1972 of 21 June, which regulates regime special the Security Social of the workers of sea, approved by the Decree 2864 / 1974, 30 August , and the regulation General of the law 116 / 1969, of 30 of December, by which is regulates the regime special of it security Social of the workers of the sea, approved by the Decree 1867 / 1970, of 9 of July.
First final provision. Title competence.
This law is issued under cover of the provisions of article 149.1.17. ª of the Constitution, which establishes as an exclusive competence of the State basic law and economic regime of the Social Security.
Is except of it previous the title III, that is only of application direct in the field of it Administration General of the State, the article 39, that is dictates to the amparo of the competition that the article 149.1.16. th of it Constitution attributed to the State in matter of bases and the coordination general of it health, and the article 41, dictated to the amparo of the competition that the article 149.1.7. th of it Constitution attributed to the State for dictate it legislation labour.
Second final provision. Regulatory development.
Is enabled to the Government to dictate them provisions General necessary for the development of it planned in the present law.
Third final provision. Change in measurement of the tonnage of the vessels.
In compliance with current legislation in the field of measurement of the tonnage of the vessels, proceed to statutorily modify the classification of workers for all purposes.
Fourth final provision. Entry in force.
1 this law shall enter into force the day first of the month following its publication in the "Official Gazette", except as provided in article 3, letters b), e), f), i) and j), in article 4.1, lyrics to), 1st, 3rd, and 4th, d), e) and g), in article 10 and in article 11.5 , that will enter into force the 1 of January of 2016.
2. the allocation of rights, duties and obligations inherent to the business environment in the regime special the Security Social of the workers of the sea, for those groups of workers related in chapter I of title I of this Act that were not included previously in the field of application of the referral system, will be determined by the date of entry into force of this law.
Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.
Madrid, October 21, 2015.
The Prime Minister, MARIANO RAJOY BREY
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