Resolution Of September 15, 2015, Of The Directorate-General Of Planning Of The Social Security, Which Establishes A Period Of Option Protection Coverage For Cessation Of Activity, Au Or Own-Account Workers...
Original Language Title: Resolución de 15 de septiembre de 2015, de la Dirección General de Ordenación de la Seguridad Social, por la que se establece un plazo de opción por la cobertura de la protección por cese de actividad, para los trabajadores por cuenta propia o au...
Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10084
In date 1 January 2015 entered into force the law 35/2014, on December 26, amending the consolidated text of the General Social Security Act in relation to the legal regime of the mutual of accidents at work and occupational diseases from Social Security. This law, in turn, in their second final provision, amended law 32/2010, of 5 August, by which establishes a specific protection system for cessation of activity of self-employed workers.
Between them modifications made in the already cited law 32 / 2010, of 5 of August, is comes to give a new drafting to its article 2, modifying so the regime legal of the provision, by what the coverage of such provision passes to be of character voluntary, eliminating is of this way it obligation of cover it protection by cessation of activity in those cases in which the worker autonomous was protected by them contingencies professional. However, the law 35 / 2014, of 26 of December, not fixed a term for them autonomous in high to date 1 of January of 2015 opt by keep or give to the coverage of the cessation of activity, now of character volunteer.
Before this lagoon regulations, to determine a term unique for all them workers by has own, is dictates the present resolution that regulates the term to exercise such option during 2015.
International powers that article 6.1 l) of Royal Decree 343/2012, 10 February, on basic organic structure of the Ministry of employment and Social Security, attributed to the Directorate General of management of the Social Security, I resolve: first. Scope subjective in application.
This resolution will apply to self-employed workers in status that already were high in the special scheme for self-employed persons or self-employed or in the special scheme for sea workers on December 31, 2014, and had agreed on that date coverage for cessation of activity mandatory.
Second. Term of choice.
Prosecuting those falling within the scope of this resolution, provided that they have not already exercised the right of option for the year 2015, may choose to waive the coverage for cessation of activity until September 30, 2015, fixing date as the first day of the month following the date of the application.
Applications submitted beginning October 1 of the same year will have as the effects of coverage change date of January 1, 2016.
For those self-employed workers who have requested the resignation in time before this resolution, and thus record truthfully, the date will be day first of the month following the date of the application.
In the so-called of that the worker accredits that it date of it request is previous to the date of entry in force of this resolution, is will proceed, prior request of the interested, to it return of them quotas entered in concept of provision of cessation of activity, by the period understood between it date of effects of it resigns set as is has in the paragraph second and the day first of the month following to the entry in force of This resolution, in accordance with the general collection of the Social security regulations, approved by the Royal Decree 1415 / 2004, of 11 June.
This clause does not will be of application to those workers autonomous framed in the regime special of the sea.
The present resolution will enter in force the day following to the of your publication in the «Bulletin official of the State».
Madrid, 15 of September of 2015.-the Director General of management of it security Social, Rafael Antonio Barbera of the tower.
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