Key Benefits:
Article 13 of Royal Decree-Law 20/2011 of 30 December 2011 of urgent measures in budgetary, tax and financial matters for the correction of the public deficit, comes to extend the regulation contained in the article. 132 of Law 39/2010 of 22 December 2010 of the General Budget of the State for the year 2011, referring to bases and types of contribution to social security, unemployment, cessation of activity of the self-employed, the Guarantee Fund and vocational training for the said financial year, with the modifications and adaptations operated in the the legal innovations produced during 2011, but with the specifications and exceptions set out in the article. With regard to the mentioned legal innovations, the integration of the Special Regime of Social Security of the Employees of Home in the General Regime, established in Law 27/2011, of August 1, on update, adequacy and modernisation of the social security system, and Law 28/2011 of 22 September, which is the result of the integration of the Special Agrarian System of Social Security into the General System of Social Security.
To this end, this order is answered by means of which the legal provisions for social security contributions for the financial year 2012 are developed. Through it not only the bases and types of quotation reflected in the legal texts are reproduced, but in the development of the faculties attributed by article 110 of the recast text of the General Law of Social Security, approved by the Royal Decree of Law 1/1994 of 20 June, the bases of contributions established in general are adapted to the assumptions of part-time contracts.
In the case of accidents at work and occupational diseases, the premium rate set out in the fourth additional provision of Law 42/2006 of 28 December 2006 of the General State Budget for the year 2007.
In turn, and in accordance with the provisions of the General Regulation on the Listing and Settlement of Other Rights of Social Security, approved by Royal Decree 2064/1995 of 22 December 1995, the Coefficients applicable to determine the contribution to Social Security in specific cases, such as those of a special agreement, collaboration in the management of Social Security or exclusion of any contingency.
The coefficients for the determination of the contributions from the mutual work accidents and occupational diseases of the Social Security to the maintenance of the common services of the Social security, contributions to ensure the maintenance of the financial balance between the partners identified and the Social Security Administration, as well as the limit values for the rates of claims General and extreme claims for the financial year 2011 and the volume of (a) the rate of the contribution to be paid during the observation period, for the calculation of the incentive provided for in Royal Decree 404/2010 of 31 March for the establishment of a system for the reduction of the Professional contingency contributions to enterprises which have contributed in particular to the reduction and prevention of occupational accidents.
This order is made in use of the privileges conferred in paragraph Two of Article 13 of Royal Decree-Law 20/2011 of December 30, of urgent measures in budgetary, tax and financial matters for the correction of the public deficit, and in the single final provision of the General Regulation on the listing and settlement of other social security rights.
In its virtue, according to the State Council, I have arranged:
CHAPTER I
Social Security Quote
Section 1. General Regime
Article 1. Determination of the quote basis.
1. In order to determine the contribution basis for each month for the common contingencies in the General Regime, the following rules shall apply:
First, the remuneration payable in the month referred to in the quotation shall be computed.
Second. The remuneration computed in accordance with the preceding rule shall be added to the proportional share of the established extraordinary rewards and to those other remuneration concepts which have a frequency in their accrual higher than the monthly or which are not of a periodic nature and are satisfied within the financial year 2012. To this end, the estimated annual amount of such extraordinary rewards and other remuneration shall be divided by 365, and the ratio resulting shall be multiplied by the number of days covered by the contribution period of each month. In the case where the remuneration corresponding to the worker is monthly, the annual amount shall be divided by 12.
Third. If the basis of quotation resulting from the above rules is not between the amount of the minimum base and the maximum corresponding to the contribution group of the professional category of the worker, according to the table shall be listed in Article 3 for the minimum or maximum basis, depending on whether the result is lower than or above that. The minimum indicated base shall be of application whatever the number of hours worked per day, except in those cases where the contrary is established by law.
2. The first and second rules of the previous paragraph shall apply in order to determine the basis of contributions for each month for the contingencies of accidents at work and occupational diseases. The quantity thus obtained may not exceed the maximum ceiling nor less than the corresponding minimum ceiling, provided for in Article 2, irrespective of the number of hours worked per day, except in those cases in which the legal disposition is set to the contrary.
Item 2. Maximum and minimum quote tops.
1. The maximum ceiling for the contribution base to the General Scheme shall be EUR 3,262,50 per month from 1 January 2012.
2. From the date referred to in paragraph 1, the minimum contribution ceiling for occupational accident and occupational disease contingencies shall be equal to the minimum inter-professional salary in force at any time, increased by the a pro rata of the maturity perceptions higher than the monthly payment received by the employee, without being less than EUR 748,20 per month.
Article 3. Maximum and minimum contribution bases.
During the year 2012, the contribution to the General Regime for Common Contingencies will be limited for each group of professional categories for the following minimum and maximum bases:
|
Group | Professional Categories | Minimum Bases- Euros/month | Maximum Bases- Euros/month | |||
|---|---|---|---|---|---|---|
|
1 | Engineers and Licensors. Senior management staff not included in Article 1.3.c) of the Workers ' Statute | 1.045.20 | 3.262.50 | |||
| 2 | Technical Engineers, Perios, and Assistants Titled | 867.00 | 3.262.50 | |||
| 3 | Chiefs Administrative and Workshop | 754.20 | 3.262.50 | |||
| 4 |
748.20 |
3.262.50 | ||||
| 5 | 5 |
Administrative Officers | 748.20 |
| ||
| Subaltern | 748.20 |
| ||||
| 7 | 748.20 |
7 |
3.262.50 |
| Professional Categories | Minimum Bases - Euros/day | Maximum Bases - Euros/day | |
|---|---|---|---|
| 8 | First and Second Officers | 24.94 | 108.75 |
| 9 | Third and Specialist Officers | 24.94 | 108.75 |
|
10 | Peons |
24.94 | 108.75 |
|
11 | Workers under the age of eighteen, whatever their professional category | 24.94 |
108.75 |
Article 4. Quote Types.
As of January 1, 2012, the rates of the General Regime will be as follows:
1. For common contingencies, 28.30 per 100, of which the 23.60 per 100 will be in charge of the company and the 4.70 per 100 in charge of the worker.
2. For the contingencies of occupational accidents and occupational diseases, the rates of the premium rate set out in the fourth provision of Law 42/2006 of 28 December 2006 of the General Budget of the State for the year 2007, the resulting premiums being the sole charge of the company.
Article 5. Additional contribution for overtime.
The remuneration to be paid by workers for the concept of overtime is subject to an additional levy, which shall not be computable for the purpose of determining the regulatory basis for the benefits.
The additional levy for overtime-driven overtime shall be made by applying the rate of 14.00 per 100, of which 12,00 per 100 shall be borne by the undertaking and 2,00 per 100 by the worker.
The additional contribution for overtime that does not have the consideration referred to in the previous paragraph will be made by applying the rate of 28.30 per 100, of which 23.60 per 100 will be borne by the company and 4.70 percent. 100 in charge of the worker.
Article 6. Contributions during situations of temporary incapacity, risk during pregnancy, risk during natural lactation, maternity and paternity, and in cases of compatibility of maternity or paternity allowance with periods of rest in Part-time regime of working time.
1. The obligation to list remains during situations of temporary incapacity, risk during pregnancy, risk during natural lactation and the enjoyment of periods of rest by maternity or paternity, even if they involve a cause of suspension of the employment relationship.
2. In the situations referred to in the preceding paragraph, the contribution basis applicable to the common contingencies shall be that corresponding to the month preceding the date of incapacity, risk situations during pregnancy or risk during the period of natural breastfeeding, or the beginning of the enjoyment of periods of maternity or paternity leave.
For the application of the provisions of the preceding paragraph, the following rules will be taken into account:
First. In the case of a remuneration which is satisfied on a daily basis, whether or not the worker has remained in the undertaking for the whole of the preceding calendar month, the amount of the contribution base of that month shall be divided by the number of days to which relates to the listing. The resulting quotient shall be the daily basis of quotation, which shall be multiplied by the number of days in which the worker remains in a situation of temporary incapacity, risk during pregnancy, risk during natural lactation or the enjoyment of periods of maternity or paternity leave to determine the basis of contribution during that situation.
Second. Where the worker had a monthly remuneration and had remained in the company for the whole of the calendar month preceding that of the initiation of those situations, the basis for listing that month shall be divided by 30. If it has not remained high in the company for the whole of the preceding calendar month, the amount of the listing basis for that month shall be divided by the number of days referred to in the quotation. In both cases, the resulting quotient will be the daily basis of quotation, which will be multiplied by 30 to remain all month in the situation of temporary incapacity, risk during pregnancy, risk during the natural lactation or enjoyment of the periods of maternity or paternity leave, or the difference between that number and the number of days you have actually worked in that month.
Third. Where the worker has entered the undertaking in the same month in which he has initiated any of the situations referred to in this Article, it shall apply to that month as laid down in the preceding rules.
3. The provisions of the preceding paragraph shall apply in order to calculate the contribution base, for the purposes of the contingencies of occupational accidents and occupational diseases, during situations of temporary incapacity, at risk during the pregnancy, risk during natural lactation and maternity or paternity. However, in order to determine the contribution to be made by the concept of overtime, the average of those actually carried out and quoted during the year immediately preceding the date of the year immediately preceding the date of initiation of such situations. To this end, the number of hours made shall be divided by 12 or 365, depending on whether the worker's remuneration is satisfied or not on a monthly basis.
4. Except in cases where the contrary is established by law, in no case shall the basis of contributions for common contingencies, in the situations referred to in this Article, be lower than the minimum basis in force at any time corresponding to the professional category of the worker. For this purpose, the corresponding subsidy shall be updated from the date of entry into force of the new minimum contribution base.
5. In the case of accidents at work and occupational diseases, during periods of absence due to temporary incapacity and other situations with a suspension of the employment relationship with a contribution obligation, the rate shall continue to apply. of the contribution corresponding to the respective economic activity or occupation where appropriate, in accordance with the premium rate laid down in the fourth additional provision of Law 42/2006 of 28 December 2006 of the General Budget of the State for the year 2007.
6. Where the receipt of the maternity or paternity allowance is compatible with the enjoyment of the rest periods on a part-time basis, the contribution base shall be determined by the following two commands:
(a) The basis for the subsidy, in proportion to the working time portion of the rest period.
(b) Remuneration subject to quotation, in proportion to the day actually performed.
Article 7. Contribution to the high level of remuneration.
1. When the worker remains in the General Regime and the obligation to list according to the provisions of Article 106.2 of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree, is maintained. 1/1994, of 20 June, without receiving any computable remuneration, the minimum corresponding to the group of its professional category shall be taken as the basis of quotation. For the purposes of listing for the contingencies of accidents at work and occupational diseases, the minimum contribution ceiling set out in Article 2.2 of this order shall be taken into account.
2. The provisions of the preceding paragraph shall not apply to the situations provided for in the Order of the Ministry of Labour and Social Security of 27 October 1992.
Article 8. Basis for listing in the protected unemployment situation.
1. During the receipt of the unemployment benefit due to the termination of the employment relationship, the basis of contribution to the Social Security of those workers for which there is a legal obligation to list shall be the basis for the provision by unemployment, determined in accordance with Article 211.1 of the recast text of the General Law on Social Security, with respect, in any case, of the amount of the minimum basis for common contingencies provided for in each professional category, having such a basis on the basis of common contingencies for the purposes of the Social Security.
2. During the receipt of the unemployment benefit by temporary suspension of the employment relationship by virtue of a record of employment regulation or of a judicial decision taken within a court of insolvency or temporary reduction of the employment In the case of an employment regulation, or a judicial decision taken within a court of insolvency, the basis for the contribution to the social security of those workers for whom there is a legal obligation to pay is the equivalent to the average of the bases of the last six months of the occupation, due to contingencies (a) common and for the occurrence of occupational accidents and occupational diseases, prior to the legal status of unemployment or at the time of the legal obligation to list.
3. The resumption of the unemployment benefit in the cases of suspension of the duty will result in the resumption of the obligation to list on the basis of the contribution indicated in the preceding paragraphs at the time of the birth of the right.
4. Where the right to unemployment benefit had been extinguished and, pursuant to Article 210.3 of the recast of the General Social Security Act, the worker chooses to reopen the initial right, the basis of contribution to the Social security shall be as referred to in paragraph 1 of this Article, corresponding to the time of the birth of the right to which it is chosen, or, where appropriate, those referred to in paragraph 2 of this Article, corresponding to the time of the birth of the the right to opt for.
5. During the receipt of the benefit, only the contribution base indicated in the preceding paragraphs shall be updated where it is lower than the minimum social security contribution base in force at any time corresponding to the group of the contribution of the worker at the time of the legal situation of unemployment and up to that ceiling.
6. During the receipt of the unemployment benefit from the training and apprenticeship contract, the rules laid down in the preceding paragraphs shall apply, except in the cases referred to in paragraph 2 where the Social security contributions shall be made by applying the single quotas referred to in Article 44.1 and, in any case, provided for in Article 214 of the recast text of the General Law on Social Security.
Article 9. Contribution to the situation of pluriemployment.
1. Where the worker is in a multi-employment situation, the following rules apply:
a) For common contingencies:
First. The maximum ceiling for the bases of contribution, set at EUR 3,262.50 per month, shall be distributed among all the undertakings in proportion to the remuneration paid to the worker in each of them.
Second. Each of the companies shall be listed on the basis of the remuneration concepts that satisfy the worker, with the limit corresponding to the fraction of the maximum ceiling assigned to him.
Third. The minimum base corresponding to the worker, according to his professional category, will be distributed among the various companies and will be applied for each of them in the same way as the one indicated for the maximum ceiling. If the worker was given different minimum rates of contribution for his work classification, the minimum base of higher value would be taken for distribution.
b) For occupational accident and occupational disease contingencies:
First. The ceiling of the contribution base, set at EUR 3,262.50 per month, shall be distributed among all undertakings in proportion to the remuneration paid to the worker in each of them.
Second. The minimum contribution ceiling shall be distributed among the various undertakings and shall be applied for each of them in the same way as the ceiling for the ceiling.
Third. The basis of quotation shall be for each undertaking as referred to in Article 1, with the limits assigned to it, in accordance with the above rules.
2. In the event that one of the jobs involves the inclusion in the General Social Security Regime in the terms indicated in article 97.2.k) of the recast text of the General Law of Social Security and in Article 21.2 of the Law On 24 March, the distribution of the maximum ceiling for occupational accidents and occupational diseases will only be carried out in order to determine the quotas for occupational accidents and occupational diseases. contingencies commonly protected by both modalities of inclusion, as well as the other concepts of joint collection. To this end, a double distribution of the abovementioned maximum contribution ceiling will be made, one of which is to determine the contribution to occupational accidents and occupational diseases, as well as to vocational training, and the other to determine the Unemployment contribution and for the Wage Guarantee Fund.
3. The pro-rata provisions referred to in the preceding paragraphs shall be carried out at the request of the undertakings or workers concerned or, where appropriate, of their own motion, by the provincial addresses of the General Treasury of Social Security or their administrations. The distribution thus determined shall have effect from the settlement of quotas corresponding to the month in which the existence of the situation of pluriemployment is established, except in the case of periods in which the obligation of the Quote.
4. The provincial addresses of the General Treasury of Social Security or its administrations, on its own initiative or at the request of the worker or employer concerned, may rectify the distribution between the various undertakings, carried out in accordance with the paragraph 1, where deviations from the resulting contribution bases are made in accordance with paragraph 1.
Article 10. Contribution of the artists.
1. As from 1 January 2012, the maximum basis for contributions by common contingencies for all professional categories of artists referred to in Article 32.3 of the General Regulation on the listing and settlement of other rights of the Social security, approved by Royal Decree 2064/1995, of December 22, will be 3,262.50 euros a month.
The maximum ceiling on the basis of contributions due to the activities carried out by an artist, for one or more companies, will be annual and will be determined by the annual increase in the maximum monthly basis indicated.
2. The listing bases for determining the contribution of the artists, as provided for in Article 32.5.b) of the general regulation referred to in the preceding paragraph, shall be, as from 1 January 2012 and for all trading groups, the following: following:
| Euros/day | |
|---|---|
|
to EUR 370.00 | 217.00 |
|
370.01 and 665.00 euros | 274.00 |
| Between 665.01 and 1.111.00 Euros | 326.00 |
|
than 1.111.01 euros | 434.00 |
Article 11. Contribution of the Taurian professionals.
1. As from 1 January 2012, the maximum basis for common contingencies for all categories of Taurian professionals referred to in Article 33.3 of the General Regulation on the listing and settlement of other rights of the Social security will be EUR 3,262.50 per month.
The maximum ceiling of the bases of quotation for the taurine professionals will be annual and will be determined by the elevation to annual computation of the maximum monthly basis indicated.
2. The basis for listing the provisional liquidations by the Taurian professionals provided for in Article 33.5.b of the General Regulation referred to in the preceding paragraph shall be as from 1 January 2012 and for each group of quotation, the following:
| Euros/day | ||
|---|---|---|
| 1 |
2 | |
| 3 | 695 | |
|
7 | 415 |
Article 12. Quotation in the special system for the tasks of handling and packaging fresh tomatoes within the General Regime.
The quota per tonne of fresh tomato packed or fraction of 500 or more kilograms is set at EUR 1.28.
In cases where the price per tonne referred to in the preceding paragraph is less than 50 per 100 of the total Social Security contributions for common contingencies, including the contribution of the workers, the companies will be obliged to present to the provincial directorate of the General Treasury of the corresponding Social Security or administration of the same the documents proof of the exports made, in the form and with the periodicity to be determined by the General Directorate of the General Treasury of Social Security.
Article 13. Bases and rates of contribution in the Special System for Agricultural Employed Persons established in the General Social Security System.
1. Contribution basis for both common and professional contingencies during periods of activity:
1.1 As from 1 January 2012, the monthly basis applicable for workers included in this Special System providing services throughout the month shall be determined in accordance with Article 109 of the recast text of the General Law on Social Security, with the following maximum and minimum bases:
| Professional Categories | Minimum Bases - Euros/month | Maximum Bases - Euros/month | |||||
|---|---|---|---|---|---|---|---|
| 1 | Engineers and Licensors. Senior management staff not included in Article 1.3.c) of the Workers ' Statute | 1.045.20 | 1.800.00 | ||||
| 2 | Technical Engineers, Perios, and Assistants Titled | 867.00 | 1,800,00 | ||||
| 3 | Chiefs Administrative and Workshop | 754.20 | 1.800.00 | ||||
| 4 |
748.20 |
1,800,00 | |||||
| 5 | 5 |
Administrative Officers | 748.20 |
6 | Subaltern | 748.20 | |
|
| |||||||
| Administrative Auxiliary | |||||||
| 748.20 |
1.800.00 | ||||||
|
8 | 748.20 |
9 | |||||
| 9 | 9 | 9 |
3. and Specialist Officers | 748.20 | 1,800,00 | ||
|
10 | Peons | 748.20 |
1.800.00 | ||||
|
11 | Workers < 18 years | 748.20 |
1,800,00 |
Companies that opt for this monthly listing should communicate that option to the General Treasury of Social Security at the beginning of the workers ' activity, in the terms and conditions it determines. such a common social security service.
This mode of quotation must be maintained throughout the period of service provision, the completion of which must also be communicated to the General Treasury of Social Security, in the terms and conditions which it is determine.
When workers start or finish their activity without matching the beginning or end of a calendar month, provided that the activity lasts for at least 30 consecutive calendar days, the contribution shall be made with a proportional character to the days worked in the month.
This mode of monthly contribution shall be compulsory for employed persons on an indefinite basis, not including those for whom they provide services on a permanent basis, for which it will be optional.
1.2 As of 1 January 2012, the daily basis of the daily contribution for each of the groups of workers who carry out agricultural work for other persons and for which there is no other opted for the mode of contribution provided for in the preceding paragraph, shall be determined in accordance with Article 109 of the recast text of the General Law on Social Security, with the following maximum and minimum bases:
| Professional Categories | Daily Minimum Bases quotation - Euros | Daily maximum quotes - Euros | |||||
|---|---|---|---|---|---|---|---|
|
1 | Engineers and Graduates. Senior management staff not included in Article 1.3.c) of the Workers ' Statute | 45.44 | 78.26 | ||||
| 2 | Technical Engineers, Perios, and Assistants Titled | 37.70 | 78.26 | ||||
| 3 | Chiefs Administrative and Workshop | 32.79 | 78.26 | ||||
| 4 |
32.53 | 78,26 | |||||
| 5 |
5 | 32.53 | 32.53 |
| |||
|
| subaltern | 32.53 |
| 78.26 | |||
| 7 | Administrative Auxiliary | 32.53 |
78.26 | ||||
|
8 | 32.53 |
78.26 | |||||
| 9 | 9 |
9 |
3. and Specialist Officers | 32.53 | 78.26 | ||
| 10 | Peons | 32.53 |
78.26 | ||||
|
11 | Workers < 18 years | 32.53 |
78.26 |
When 23 or more actual days are held in the calendar month, the quotation basis corresponding to them shall be that set out in paragraph 1.1 of this Article.
2. In the year 2012, the applicable monthly contribution basis for employed persons included in this Special System, during the periods of inactivity, shall be EUR 748,20.
Quotation for these periods of inactivity will be determined by applying the following formula:
C = [(n/N)-(jr × 1 ,304/N)] bc × tc
In which:
C= The value of the quote.
n= Number of days in the Special System without quotation by monthly quotation bases.
N= Number of days high in the Special System in the calendar month.
jr= Number of days in the calendar month in which actual days were taken.
bc= Monthly Quote Base.
tc= The applicable quote type, as referred to in point 4.b).
In no case, the application of the above formula can result in C reaching a value less than zero.
When workers do not appear on the Special System for a full calendar month, the contribution for the periods of inactivity shall be carried out on a proportional basis to the days on the high in that month.
3. The rates applicable to the contribution of the employed persons included in this Special System shall be as follows:
a) During periods of activity:
For the common contingency listing, for workers surveyed in the listing group 1, the 28.30 per 100, being 23.60 per 100 in charge of the company and the 4.70 per 100 in charge of the worker.
For workers in the group 2 to 11, the 20.65 per 100, being 15.95 per 100 in charge of the company and the 4.70 per 100 in charge of the worker.
For the contribution of occupational accidents and occupational diseases, the rates of the premium rate set out in the fourth provision of Law 42/2006 of 28 December 2006 shall apply. General State budgets for the year 2007, the resulting premiums being the sole responsibility of the company.
(b) During the periods of inactivity, the rate of contribution shall be 11,50 per 100, the resulting contribution being the sole responsibility of the worker.
4. During 2012, the following reductions in business contributions will be applied to the contribution to this Special System during periods of activity with the provision of services.
(a) In the listing for the workers in the listing group 1, a reduction of 8,10 percentage points of the contribution basis shall be applied, resulting in an effective rate of contribution common from 15.50 per 100.
(b) In the contribution to the employees in the contribution groups 2 to 11, the reduction shall be in accordance with the following rules:
1.) For trading bases equal to or less than EUR 986,70 per month or EUR 42.90 per day, a reduction of 6,15 percentage points of the contribution basis shall be applied, resulting in an effective rate of Common contingencies contribution of 9.80 per 100.
2. (a) For quotation bases higher than the amounts indicated in the preceding paragraph, and up to EUR 1,800 per month or EUR 78,26 per day, the percentage resulting from the application of the following shall apply to them. formulas:
For monthly quotation bases the formula to apply will be:
| reduction month = 6.15% × (1 + | Base month-986.70 | × 2.52) |
| Base month |
For trading bases for real days the formula to apply will be:
| reduction day = 6.15% × (1 + | Base day-42.90 | × 2.52) |
| Base |
(c) In cases where the allowances and reductions referred to in Article 30 (3) and (4) are applied, they shall apply to the quotas resulting from common contingencies after the reductions established have been made. in paragraphs (a) and (b) above.
5. During situations of temporary incapacity, risk during pregnancy and risk during natural breast-feeding, as well as maternity and parenthood caused during the activity, the contribution shall be made on the basis of the hiring of workers:
(a) For agricultural workers with an indefinite contract, the contribution during these situations shall be governed by the general rules applicable to the General Social Security System.
In accordance with the provisions of Article 13 of Royal Decree-Law 20/2011 of 30 December 2011 and Article 132 of Law 39/2010 of 22 December 2010, the rate to be applied shall be as follows:
1. (º) For workers surveyed in the listing group 1, the rate of 15.50 per 100, applicable to the basis of contributions for common contingencies.
2. º) For workers surveyed in the quotation groups 2 to 11, the rate of 2.75 per 100, applicable to the base of contributions for common contingencies.
(b) In respect of agricultural workers on a temporary and fixed contract, the provisions of paragraph (a) shall apply in respect of the days engaged in those who have not been able to provide their services by be in any of the situations listed above.
As to the days in which the provision of services is not planned, these workers will be obliged to enter the contribution for the periods of inactivity, except in the case of perceived maternity and paternity allowances, which shall be taken into account for periods of effective contribution for the purposes of the corresponding retirement benefits, permanent incapacity and death and survival.
6. During the perception of the contributory level unemployment benefit, if it is to be listed in this Special System, the contribution basis shall be that set out in Article 8.
The quote type will be 11.50 per 100.
7. For workers included in the Special System, the additional contribution for overtime referred to in Article 132 (3) of Law 39/2010 of 22 December 2010 shall not apply.
Article 14. Bases and types of contributions in the Special System for Home Employees established in the General Social Security Regime.
1. As of 1 January 2012, the basis for listing for contingencies common to this Special System shall be determined on the following scale, depending on the remuneration received by the household employees for each employment relationship.
|
| Monthly Remuneration - €/month | Quote Base - €/month |
|---|---|---|
| 1. º | Up to 74.83 |
90.20 |
|
2. º |
From 74.84 to 122.93 | 98.89 |
|
3. º | From 122.94 to 171.02 | 146.98 |
|
4. º | From 171.03 to 219.11 | 195.07 |
|
5. | From 219,12 to 267.20 | 243.16 |
|
6. º | From 267.21 to 315.30 | 291.26 |
|
7. º | From 315.31 to 363.40 | 339.36 |
| From 363.41 up to 411.50 | 387.46 | |
|
9. º | From 411.51 to 459.60 | 10. º |
|
| 459.61 to 507.70 | 483.66 |
|
11. º | From 507.71 to 555.80 |
531.76 |
| 12. º | From 555.81 to 603.90 | 579.86 |
| 13. º | From 603.91 to 652.00 | 627.96 |
| 14. º | From 652.01 to 700,10 | 676.06 |
| From 700,11 | 748.20 |
For the purposes of determining the monthly remuneration of the household employee, the amount collected on a monthly basis shall be increased, in accordance with Article 109.1 of the recast of the General Law of the Social security, with the proportional portion of the extraordinary payments that the employee is entitled to receive.
2. During the year 2012, the rate of contribution for common contingencies, on the basis of contributions as indicated in the previous paragraph, will be 22.00 per 100, the 18.30 per 100 being the employer and the 3.70 per 100 in charge of the employee.
3. For the contribution of professional contingencies, on the basis of the contribution referred to in paragraph 1, the rate of contribution provided for in the premium rate approved by the fourth additional provision of Law 42/2006 of 28 of December, of the General Budget of the State for the year 2007, being the resulting quota at the sole expense of the employer.
4. In accordance with the provisions of the single transitional provision of Law 27/2011 of 1 August on the updating, adequacy and modernisation of the social security system, a reduction of 20% will be applicable during the financial year 2012. by 100 in the business contribution to the Social Security contribution for common contingencies in this Special System.
It will be beneficiaries of such reduction for employers who have contracted, in any form of contract, and discharged from the General Regime to a household employee as of January 1, 2012, provided that the the employee would not have been registered as a full time Home Employee Special Scheme, for the same employer, within the period from 2 August to 31 December 2011.
The provisions of this paragraph shall also apply in respect of the allowance provided for, for large families, in the said transitional provision.
5. By way of derogation from the above paragraphs, the rules for listing them shall apply only to employers and persons employed by the Special Scheme for the Social Security of Home Employees. from the first day of the month following the month in which the communication to the General Treasury of Social Security is carried out, provided for in the additional thirtieth provision of Law 27/2011 of 1 August, to be carried out within the the period of six calendar months to be counted from 1 January 2012.
6. As long as the communication referred to in the previous paragraph is not produced, the base and the type of contribution for common contingencies applicable, including in the month in which it occurs, shall be as follows:
Listing basis: EUR 748.20 per month.
Quote Type: 22 per 100.
When, in accordance with the regulations of the Special System of the Social Security of the Household Employees, the distribution of the type of quotation indicated above, is carried out as follows: The employer is in charge of the employer's 18.30 per 100 and the home employee's 3.70 per 100. Where the household employee provides services on a partial or discontinuous basis to one or more employers, the rate of contribution indicated above shall be the sole responsibility of the employee.
For the contribution of occupational accident and occupational disease contingencies, on the basis of the current contribution, the rate of contribution provided for in the premium rate included in the provision shall apply. Additional fourth of Law 42/2006 of 28 December 2006 of General State Budgets for the year 2007.
The contribution of professional contingencies shall be borne exclusively by the employer, except where the household employee provides services on a partial or discontinuous basis to one or more employers, in which case he shall be in charge exclusive of such employee the payment of the corresponding fee.
7. After the expiry of the period of six calendar months referred to in paragraph 5, the fulfilment of the conditions required for the inclusion in the Special System for Home Employees, the employees of the household, shall be released. its services on a partial or non-continuous basis to one or more employers shall be excluded from that Special System, with the consequent reduction in the General Regime, with effect from 1 July 2012. For household employees who provide their services exclusively and permanently for a single employer, their contribution to the Special System shall be carried out from 1 July 2012 on the basis of a base of EUR 748,20 per month.
Section 2. Special Regime of Workers for Own or Self-Employed Account
Article 15. Bases and types of quotation.
As of January 1, 2012, the bases and types of contributions for common contingencies in this Special Regime will be as follows:
1. Types of contributions for common contingencies: 29,80 per 100, or 29.30 per 100 if the person concerned is in receipt of the system of protection by cessation of activity.
However, where the self-employed or self-employed person does not have temporary disability protection under the scheme, the rate of contribution shall be 26,50 per 100.
Workers included in this Special Regime who are not covered by the protection afforded to contingencies arising from accidents at work and occupational diseases shall make an additional contribution equivalent to the 0,10 per 100, applied on the basis of the contribution chosen, for the financing of the benefits provided for in Chapters IV and IV of Title II of the General Law on Social Security.
2. Quote bases:
2.1 Minimum contribution base: EUR 850.20 per month.
2.2 Maximum contribution base: EUR 3,262.50 per month.
3. The contribution base for self-employed workers who, as at 1 January 2012, are less than 47 years of age will be chosen by them, within the limits of the minimum and maximum basis.
Equal choice may be made by self-employed persons who are at that date of age 47 years and their contribution base in December 2011 has been equal to or greater than 1,682,70 per month, or cause high in This Special Regime.
Self-employed persons who, as at 1 January 2012, are 47 years of age, if their contribution base is less than EUR 1,682,70 per month, shall not be eligible for a base of more than EUR 1,870.50 per month, unless exercise their option in such a way before 30 June 2012, which shall have effect from 1 July of the same year, or in the case of the surviving spouse of the business owner who, as a result of the death of the business owner, has had to be at the front of the same and to be discharged in this Special Regime with 47 years of age, in which case it will not exist such limitation.
4. The contribution base of self-employed persons who, as at 1 January 2012, are aged 48 or over, shall be between the amounts of EUR 916,50 and EUR 1,870,50 per month, except in the case of the surviving spouse of the holder of the business which, as a result of the death of the latter, has had to face the same and be discharged in this Special Regime with 45 or more years of age, in which case the choice of bases will be between the amounts of 850.20 and EUR 1,870.50 per month.
However, the basis for the contribution of self-employed workers who, before 50 years of age, would have been listed in any of the social security schemes five or more years, will have the following: amounts:
(a) If the last credited contribution basis has been equal to or less than EUR 1,682,70 per month, it shall be listed on a basis between EUR 850,20 per month and EUR 1,870.50 per month.
(b) If the last credited contribution basis has been higher than EUR 1,682,70 per month, it shall be listed on a basis between EUR 850,20 per month and the amount of that increased by 1 per 100. opt, if not reached, on a basis of up to EUR 1,870.50 per month.
As provided for in paragraph (b) above, it shall be the same for self-employed workers who, at 48 or 49 years of age, have exercised the option provided for in the second subparagraph of Article 2 (2) of the Treaty. 132 of Law 39/2010, of 22 December.
5. Workers whose discharge in this Special Scheme has been carried out on their own initiative, as a result, in turn, of a discharge in the General Social Security Scheme or in another scheme of employed persons, may choose either the age at the time of the discharge, between maintaining the basis of quotation for which they were trading in the scheme in which they caused a discharge or choosing a levy base by applying the general rules laid down, for such purposes, in this scheme Special.
6. Self-employed persons engaged in street or street sales (CNAE 4781 Retail trade in foodstuffs, beverages and tobacco in sales and market places; 4782 Retail trade in textile products, clothing and clothing and clothing and clothing) (a) footwear in sales and market places; 4789 retail trade in other products in sales and markets; and 4799 Other retail trade not carried out in establishments or in retail or market places) may choose to minimum basis for listing during the year 2012, EUR 850.20 per month, or a contribution basis of 748.20 Monthly euros.
Self-employed workers engaged in home sales (CNAE 4799) will also be able to choose as a minimum basis of contribution during the year 2012 of EUR 850.20 per month, or a contribution basis of EUR 467,70 per month.
7. The first subparagraph of paragraph 6 shall apply to the working partners of the associated worker cooperatives engaged in the street sale, who receive income directly from the buyers.
In such cases, in the case where it is credited that the street sale is carried out in traditional markets or "markets", with sales hours less than eight hours a day, it will be possible to choose between a base EUR 850.20 per month, or a basis of EUR 467,70 per month.
The choice of quotation bases provided for in the preceding paragraph shall also apply to persons who are individually engaged in the street sale in traditional markets or "markets" with sales hours. less than eight hours per day, provided that they do not have their own fixed establishment, or produce the items or products they sell.
In any case, it must be made compulsory for the contingencies of occupational accidents and occupational diseases, applying, on the basis of the chosen quotation, the rate of premiums referred to in paragraph 9.
8. In the cases referred to in paragraphs 6 and 7, as they are exclusive sales activities, there are no cases where, in addition, the products to be sold are manufactured or manufactured.
9. For the contingencies of occupational accidents and occupational diseases, the rates of the premium rate set out in the fourth provision of Law 42/2006 of 28 December 2006 of the General Budget of the State for the year 2007, on the same basis of contribution chosen by the stakeholders for common contingencies.
10. Self-employed workers who, by reason of their work as an employed person at the same time, have paid contributions in 2011, with regard to common contingencies in the form of multiactivity and taking into account both the business and the the worker in the General Regime, as well as those made in the Special Regime, for an amount equal to or greater than EUR 10,969,42, shall be entitled to a refund of 50 per 100 of the excess in which their contributions are paid exceed that amount, with the ceiling of 50 per 100 of the quotas entered into the Scheme Special, because of their contribution to the common contingencies of compulsory coverage.
The return will be made at the request of the person concerned, which will be made in the first four months of 2012.
11. The worker cooperative members of the associated worker cooperatives engaged in the street sale which, prior to 31 December 2011, have been included in the Special Scheme of Workers for the Account of Own or Self-Employed In accordance with Article 120.Cuatroo.8 of the Law of 23 December of 23 December, the State Budget for the year 2009, will be entitled, during 2012, to a reduction of 50 per 100 of the quota to be entered.
The working partners of the Associated Work Cooperatives dedicated to the street sale who have started their activity and are included in the aforementioned Special Regime shall also be entitled to this reduction. January 2009.
The reduction shall be applied to the quota to be applied, on the basis of the minimum basis chosen in accordance with paragraph 7, the rate of contribution applicable in accordance with paragraph 1 of this Article. Article.
12. For self-employed workers who at some point in the year 2011 and at the same time have employed a number of employed persons equal to or more than 50 employees at their service, the minimum contribution base shall be equal to the minimum basis for the workers in the levy group 1 of the General Scheme which, for the year 2012, is fixed at EUR 1,045,20 per month.
Article 16. Bases and types of contributions in the Special System for Agricultural Own Account Workers, established in the Special Regime of the Workers for Account Own or Autonomy.
1. As of January 1, 2012, the bases and types of contributions for contingencies common to this Special System will be as follows:
(a) In respect of compulsory cover contingencies, where the worker has chosen to make a basis of contribution from a base of between EUR 850,20 per month and EUR 1,020,30 per month, the rate of contribution Applicable shall be 18,75 per 100.
If the worker is listed on a basis of contribution of more than EUR 1,020,30 per month, the rate of the contribution shall be equal to the contribution rate of 26.50 per 100.
(b) With regard to the voluntary improvement of the temporary incapacity for common contingencies, the rate of contribution to be applied to the full amount of the interest rate of the person concerned shall be 3,30 per 100, or 2,80 per 100 if the interested is welcome to the system of protection by cessation of activity.
2. For the contingencies of occupational accidents and occupational diseases, the provisions of Article 15.9 shall apply.
In the case of workers who have been framed in the Special Agrarian Regime, they have moved into this Special System and have not opted for the coverage of all professional contingencies, a quota resulting from the application of the rate of 1,00 per 100 shall continue to be paid, as a cover for invalidity and death and survival contingencies.
3. Similarly, workers included in this Special System who have not chosen to cover, in the field of protection provided, all the contingencies of accidents at work and occupational diseases, shall carry out a additional levy equivalent to 0,10 per 100, applied on the basis of the contribution chosen, for the financing of the benefits provided for in Chapters IV and IV of Title II of the General Law on Social Security.
Section 3. Special Regime of the Sea Workers
Article 17. Applicable rules.
1. The provisions of Articles 1 to 9 of this Chapter shall apply to the Special Regime of the Workers of the Sea, without prejudice to the provisions of the Order of 22 November 1974 and of the provisions of the Order of 22 November 1974. (a) the provisions for the listing of workers included in the second and third groups, as referred to in Article 19.6 of the recast of Laws 116/1969 of 30 December 1969 and 24/1972 of 21 June, approved by the Decree 2864/1974, dated August 30.
2. As from 1 January 2012, the rate of contribution for the common contingencies of the self-employed person shall be 29,30 per 100 or 29.80 per 100 if the person concerned is not covered by the cessation of activity protection system.
Section 4. Special Regime for Coal Mining
Article 18. Peculiarities in the contribution of the Special Regime for Coal Mining.
1. During the receipt of the unemployment benefit, if it corresponds to the Special Scheme for Coal Mining, the contribution base shall be the standard in force corresponding to the category or professional craft of the worker in question. the time of the legal situation of unemployment. Such a contribution basis shall be updated in accordance with the basis in force at any time corresponding to the category or professional craft of the worker at the time of the legal situation of unemployment.
2. The contribution by common contingencies, in respect of workers belonging to newly created professional categories or specialties which are not assigned the corresponding standard base, and until it is determined, shall be made in function of the basis of contribution for accidents at work and occupational diseases.
This criterion will also apply to the assumptions of professional categories or specialties that, having disappeared, will be re-created again.
3. The quotation in the special agreement signed in the Special Regime for Coal Mining shall be as follows:
3.1 Professional categories or specialties that have a standardized basis of quotation, at the time of subscription of the special agreement.
The following rules apply:
First. The initial contribution base corresponding to the special agreement shall be the standard basis in force at the time of the subscription of the contract for the professional category or craft to which the worker belonged. The successive listing bases shall be equivalent to the standard bases which, in each financial year, are fixed for the respective professional category or craft.
Second. If the standard basis of the professional category or craft concerned has, in the relevant economic year, a lower amount than the special agreement, it shall remain unchanged until the standard basis for which the set to a value equal to or greater than that of the special convention.
Third. If the professional category or specialty to which the worker who signed the special agreement is removed, the basis for the contribution of the special agreement may be updated in accordance with the provisions of the set out in Article 6.2.2 of Order TAS/2865/2003 of 13 October 2003 regulating the special convention in the social security system, which may be increased by a maximum of the percentage of variation of the minimum base The General Regime's contribution.
As from the time the normalized listing basis for the relevant professional category or specialty is reestablished, the basis for listing in the special agreement will be the basis for the creation of the new category normalized, without prejudice to the second rule.
3.2 New professional categories or specialties that do not have a standard base set at the time of the special convention subscription.
In the cases indicated, the basis for listing, at the time of subscription of the special agreement, shall be that which results from the application of the procedure laid down in Article 6.2.1.b) of Order TAS/2865/2003 of 13 October 2003. The initial base so determined shall be replaced by the standard basis which, for the professional category or craft, is fixed by the Ministry of Employment and Social Security.
4. For the purposes of determining the contribution by pensioners of permanent incapacity, in the cases referred to in Articles 20 and 22 of the Order of 3 April 1973, for the application and development of Decree 298/1973 of 8 February 1973, and there is no standard basis for listing in respect of the professional category or specialty occupied by pensioners, in all or in one of the periods to be taken into account for the calculation of the retirement pension and for the purposes of determine the amounts to be deducted from the retirement pension, the following rules shall apply:
First. It shall be taken into account as a basis for listing and for the periods indicated in the basis of quotation fixed for the professional category or craft concerned, before their disappearance.
Second. The quoted basis shall be increased by applying the percentage of the increase which the minimum basis for listing in the General Scheme corresponding to the listing group in which the category or specialty is covered. professional to which the worker belongs, at the time, the worker.
5. For the purposes of the calculation of the standard quotation bases, the General Treasury of Social Security shall take the days worked and released in the General File of Affiliation, according to the information provided by the companies in the sector in accordance with the obligations set out in the General Regulation on the registration, affiliation, high, low and variations of data of workers in social security, approved by Royal Decree 84/1996 of 26 January.
Section 5. Rd Quotation reducing costs applicable to companies excluded from any contingency and to collaborating companies
Article 19. Coefficients applicable to companies excluded from any contingency.
Since January 1, 2012, the reducing coefficients to be applied to the fees payable by the companies excluded from any contingency will be as follows:
(a) In companies excluded from the contingency of temporary incapacity arising from common illness or non-work accident, the coefficient 0,055 shall be applied, corresponding to 0,046 to the business quota, and 0,009 to the quota of the worker.
(b) In the cases referred to in the second subparagraph of paragraph 2, first subparagraph, of the fifth transitional provision of Royal Decree 480/1993 of 2 April 1993, which is integrated into the General System of Social Security The Special System of Social Security of Local Administration Officials shall apply the coefficient 0,040, corresponding to 0,033 to the business quota and 0,007 to the fee charged by the worker.
(c) In the event of exclusion from temporary incapacity, maternity, paternity, risk during pregnancy and risk during natural lactation, in respect of public servants and other staff, Article 20 of the Royal Decree-Law 13/2010 of 3 December 2010, of actions in the field of taxation, labour and liberalising to encourage investment and job creation, will apply the coefficient 0,060, corresponding to 0,050% business contribution and 0,010 to the employee's contribution.
Article 20. Coefficients applicable to undertakings authorised to cooperate voluntarily in the management of social security.
From 1 January 2012, the coefficient of reduction applicable to undertakings authorized to cooperate voluntarily in the management of the economic performance of temporary incapacity arising from common illness or accident In the form provided for in article 77,1 (d) of the recast text of the General Law of Social Security, it will be 0.055 on the quota that would correspond to them if the collaboration does not exist.
Article 21. Application of the reducing coefficients.
The amount to be deducted from the quotation in the cases referred to in the preceding articles shall be determined by multiplying by the coefficients indicated or the sum of the same, if any, the full quota resulting from the application of the the single rate in force for the relevant trading bases.
Section 6. Coefficient applicable to determine quote in special convention assumptions
Article 22. Applicable coefficients.
1. The following coefficients shall apply from 1 January 2012 in the special agreement:
(a) Where the special convention is intended to cover all benefits arising from common contingencies, except for temporary incapacity, risk during pregnancy, risk during breast-feeding natural, maternity and fatherhood, 0.94.
(b) Where the special agreement had been concluded before 1 January 1998 and covers the coverage of retirement benefits and permanent incapacity and death and survival, arising from contingencies common, and social services, the 0.77.
(c) In the cases of special agreement concluded before 1 January 1998 by workers hired on a part-time basis and in the cases of reduction of the working day with a proportional reduction in salary, the 0.77. If the special agreement had been concluded after 1 January 1998, in the cases indicated or during the situation of a special high motivated by a statutory strike or a lockout, 0,94.
(d) In the case of workers receiving unemployment benefit, entitled to a contribution for the retirement pension, who subscribe to the special convention governed by Article 24 of Order TAS/2865/2003 of 13 December 2003, October:
For the entire contribution base chosen by the person concerned, for the coverage of the contingencies of permanent disability and death and survival, the 0.14.
By the difference between that quotation base and the one by which the State Employment Public Service, for the coverage of the retirement contingency, 0.80 at every moment, the 0.80.
If the special agreement had been concluded before 1 January 1998 or brought its cause of authorized employment regulation files prior to that date, the following coefficients shall apply:
For the entire contribution base chosen by the person concerned, for the coverage of permanent disability and death and survival contingencies, 0.33.
For the difference between that quotation base and the one by which the State Employment Public Service, for the coverage of the retirement contingency, is at every moment, 0.40.
e) In the special agreements regulated by Royal Decree 2805/1979 of 7 December 1979 on the inclusion in the General System of Social Security of Spaniards not resident in national territory who have the status of officials or employees of international intergovernmental organisations, where they have been signed before 1 January 2000, shall apply the 0,77. To those subscribed after that date shall be of application the 0.94.
(f) In the cases of a special agreement signed by those who are to serve in the European Union Administration, for the coverage of permanent disability benefits, the 0,27.
g) In the special agreements signed under the Royal Decree 996/1986 of 25 April, which regulates the subscription of a special convention for emigrants and children of emigrants, 0.77 will apply.
(h) In the special agreements signed under Royal Decree 615/2007 of 11 May, which regulates the Social Security of caregivers of persons in a situation of dependence, 0.77 will apply. Similarly, a contribution shall be made by vocational training to an amount equal to 0,20 per 100 of the contribution base referred to in Article 4.1 of the said royal decree.
(i) In the special agreements signed under the provisions of the first provision of Royal Decree 1493/2011 of 24 October 2011 governing the terms and conditions of inclusion in the scheme General of Social Security of persons participating in training programmes, in development of what is provided for in the third provision of Law 27/2011, of 1 August, on the updating, adaptation and modernisation of the system of the Social Security, will apply the 0.77.
2. In order to determine the price in the cases referred to in the preceding paragraph, the full quota shall be calculated by applying to the quotation basis corresponding to the single rate of contribution in force in the General Regime, and the result obtained multiply by the coefficient that in each case corresponds, constituting the product that results the quota to be entered.
Section 7. Coefficient applicable to determine the contribution rate in assistance level unemployment benefits
Article 23. Determination of the coefficient.
In order to determine the contribution to be made by the workers entitled to the unemployment benefit referred to in Article 218 of the recast of the General Law on Social Security, including the Employed persons of a fixed character of the Special System for Workers of an Agricultural Account established in the General Social Security Scheme, the reduction coefficient 0,20 shall be applied, to be deducted from the full quota result.
Section 8-Financing of the functions and activities attributed to the mutual of occupational accidents and occupational diseases of the Social Security in relation to the coverage of the economic benefit of incapacity temporary
Article 24. Determination of the quota fraction.
1. The financing of the functions and activities attributed to the mutual of occupational accidents and occupational diseases of the Social Security for the management of the economic benefit due to temporary incapacity arising from common contingencies (a) the employees of the associated companies who have chosen to formalise the coverage with them shall be made during the year 2012 by the proportion of the quota referred to in Article 71.2 of the Regulation on the cooperation of such undertakings. entities, approved by Royal Decree 1993/1995, of 7 December, applying the coefficient of 0,05 on the full share obtained by these companies as a result of applying the single rate of contribution for common contingencies to the relevant trading bases. This percentage shall be 0,055 for those mutuals who credit the financial insufficiency of the general coefficient on the basis of structural circumstances, all in terms which are determined in good time by the Directorate-General. General for the Management of Social Security, by means of a judgment given to the effect and published in the "Official State Gazette".
2. The proportion of the quota provided for in Article 76.2 of the Regulation referred to in the previous paragraph, which must be paid to the mutual benefit of occupational accidents and occupational diseases of social security for the financing of the the economic benefit due to the temporary incapacity of the workers included in the Special Scheme for the Self-Employed or Self-Employed Workers and the workers included in the Special System for Agricultural Own-Account Workers, fixed for the year 2012 in the result of applying the rate of 2.80 or 3.30 per 100 to the a corresponding contribution basis, whether or not it is available for protection by cessation of activity.
Section 9. Coefficient to determine the contributions from the mutual work accidents and occupational diseases of the Social Security and collaborating companies for the maintenance of the services common, and percentage for the determination of the allocation of the reserve by cessation of activity
Article 25. Applicable coefficients and percentage.
1. Contributions from the mutual of occupational accidents and occupational diseases of social security for the support of the common services of social security, as referred to in Article 75 of the general regulation on contributions and (i) the settlement of other social security rights shall be determined by applying the coefficient of 16,00 per 100.
The General Treasury of Social Security shall apply the coefficient referred to in the preceding paragraph on the fees entered in respect of each of the mutuals concerned, once the part relating to reinsurance has been discounted. mandatory.
2. The coefficient for determining the amount to be entered by undertakings authorized to assist in the management of health care and temporary incapacity arising from the contingencies of accidents at work is fixed at 31.00 per 100. occupational diseases, as a contribution to the maintenance of the common services of social security and to the contribution to other general expenses and to the requirements of national solidarity.
This coefficient shall apply to the contributions of accidents at work and occupational diseases raised by permanent incapacity and death and survival.
3. The percentage referred to in Article 21 (2) (b) of Royal Decree 1541/2011 of 31 October 2011 implementing Law 32/2010 of 5 August establishing a specific system of protection for the cessation of activity of the self-employed workers is fixed at 2.20 per 100.
Section 10. Cotization to Social Security in Special Assumptions
Article 26. Increase in the business quota for common contingencies in short-term temporary contracts.
In contracts of a temporary nature whose effective duration is less than seven days, the business quota for Social Security for common contingencies shall be increased by 36.00 per 100. Such an increase shall not apply to contracts of interinity. It shall also not apply to the Special System for Agricultural Employed Persons established in the General Social Security Scheme.
Article 27. Contribution to the payment of wages on a retroactive basis.
1. Where wages are to be paid retroactively, the income of the liquidations to be paid for Social Security, unemployment, the Guarantee Fund and vocational training, as a result of them, shall be made in the Member States. the time limits laid down in Article 56.1 (c) of the General Regulation on the collection of social security, approved by Royal Decree 1415/2004 of 11 June.
In such cases, the income shall be made by the corresponding supplementary settlement, to the end of which the bases, ceilings, rates and conditions in force in the months to which the said salaries correspond shall be taken.
2. In the same way, any consideration which may not be the subject of an early quantification, in whole or in part, for the purposes of the pro rata referred to in Article 1, to which the undertakings must conclude a settlement, shall be settled. complementary to the differences in contributions for the months of the year already elapsed, and to increase, in the relevant part, the contributions to be entered during the financial year 2012.
3. The additional liquidations referred to in the preceding paragraphs shall be drawn up in detail separately from each of the intervening months.
Article 28. Price for perceptions for holidays accrued and not enjoyed.
Perceptions for annual leave accrued and not enjoyed and that are paid to the end of the employment relationship will be the subject of liquidation and additional contribution to the month of the extinction of the contract.
The settlement and supplementary contribution shall comprise the days of the holiday period, even if they also reach the following calendar month or a new employment relationship is initiated during the holidays, without any pro-rata application, where appropriate, of the maximum contribution ceiling for the month or months concerned.
Notwithstanding the provisions of the preceding paragraph, in cases where, by law or in implementation thereof, it is established that the remuneration to be paid by the worker must include the proportional share corresponding to the the accrued holiday, the general listing rules shall apply.
Article 29. Quotation for the processing salaries.
According to the provisions of Article 209.6 of the recast text of the General Law of Social Security, the employer is the subject responsible for the fulfilment of the obligation to pay for the processing salaries in the Article 56 of the recast text of the Law of the Workers ' Statute, adopted by the Royal Decree of Law 1/1995 of 24 March, without prejudice to its right to claim the amount of the quotas corresponding to those salaries in the terms provided for in Article 57.2 of the latter law, and in the Royal Decree 924/1982 of 17 April 1982 on claims to the State for processing salaries in dismissal trials and other supplementary provisions.
The revenue of the corresponding quotas will be made within the time limit provided for in Article 56.1.c), 4. of the General Regulation on the collection of social security.
Article 30. Quote type in special assumptions.
1. The rate of temporary incapacity arising from common contingencies in the cases referred to in Article 112a of the recast of the General Law on Social Security shall be 1,75 per 100, of which 1,46 per 100 shall be position of the company and 0.29 per 100 in charge of the worker. The latter percentage shall also apply to determine the contribution of the worker to the temporary incapacity contribution arising from common contingencies in the cases referred to in the additional 20th of the Law 40/2007, of 4 December, of measures in the field of Social Security.
2. The type of temporary incapacity contribution in the cases referred to in the additional thirtieth provision of the recast of the General Law on Social Security shall be 3,30 or 2,80 per 100, as applicable, for workers. on behalf of the Special Regime of the Sea Workers and for self-employed or self-employed persons and agricultural own-account workers included in the Special System referred to in Article 16 of this order.
3. For the purposes of applying both the allowances provided for in Article 4.1 of Law 43/2006 of 29 December 2006 for the improvement of growth and employment, and for the reductions laid down in the fourth additional provision of the Law 39/2010, of 22 December, of the General Budget of the State for the year 2011, shall be taken into account the quotas resulting from applying to the corresponding contribution base the type of contribution of 22,14 per 100. In relation to the Special System for Workers of Agricultural Accounts established in the General Social Security Scheme, such allowances and reductions shall be determined on the basis of the quotas resulting from the application of the the cash rate of the resulting contribution decreased by 6,20 per 100.
4. Developing the provisions of Article 3 of Law 43/2006 of 29 December 2006 in relation to the sixth transitional provision and the single repeal of Law 35/2010 of 17 September 2010 on urgent measures for the reform of the job market, the following bonuses apply:
Non-defined full-time contracts concluded with unemployed workers with family responsibilities as of 3 December 2008, and before 18 June 2010, shall be entitled for the maximum period of time. of two years provided for in the standard, to an allowance in the business contribution to the Special System for Workers for Agricultural Account established in the General Social Security Scheme of EUR 4,07 for each day listed during the month natural, in the case referred to in Article 13.1.1, and EUR 5,08 for each actual day listed in the case referred to in Article 13.1.2, with a maximum of EUR 125 per month.
5. The sum of the allowances and reductions referred to in paragraphs 3 and 4 of this Article, as well as the remaining allowances provided for in this order, shall not exceed the amount of the corresponding fee.
6. In relation to the firemen referred to in Royal Decree 383/2008 of 14 March, establishing the coefficient reducing the retirement age in favour of the firemen at the service of the administrations and public bodies, it will proceed apply an additional levy rate of 7,10 per 100, of which 5,92 per 100 will be borne by the company and 1,18 per 100 by the employee.
7. With regard to the members of the Ertzaintza Body referred to in the additional 47th text of the recast of the General Law on Social Security, an additional rate of 6,50 per 100 shall be applied for that 5.42 per 100 will be in charge of the company and 1.08 per 100 will be in charge of the worker.
Article 31. Reduction of contributions by professional contingencies. Limit values and contribution volume applicable for the financial year 2011.
In accordance with the provisions of Article 4.4 of Royal Decree 404/2010 of 31 March 2010 regulating the establishment of a system for the reduction of contributions by professional contingencies to undertakings which have contributed in particular to the reduction and prevention of the occupational accident, in the annex of this order the limit values of the rates of general accident and extreme claims are fixed for the financial year 2011 for the calculation of the applicable incentive.
For the financial year 2011, the volume of contributions by professional contingencies to be exceeded during the period of observation referred to in Article 4.4 of Royal Decree 404/2010 of 31 March 2010 shall be EUR 5 000, as provided for in Article 2.1.b) of that royal decree.
CHAPTER II
Unemployment contribution, Guarantee Fund, vocational training and the cessation of activity of self-employed workers
Article 32. Bases and types of unemployment contributions, Guarantee Fund and vocational training.
1. The unemployment contribution base, the Guarantee Fund and vocational training, in all the social security schemes covered by such contingencies, with the exception of the workers included in the second and third groups of the Special arrangements for the Workers of the Sea, the basis of which will be determined by the order of the Ministry of Employment and Social Security, shall be that corresponding to the contingencies of accidents at work and occupational diseases.
In the case of contracts for training and learning, this will be provided for in Article 44.
Regardless of their inclusion in the unemployment contribution basis, the calculation of the benefit regulatory basis shall exclude the remuneration for overtime, as provided for in Article 211.1 of the recast text of the the General Law of Social Security.
2. The rates of unemployment contributions, the Guarantee Fund and vocational training shall, as from 1 January 2012, be as follows:
2.1 Unemployment:
2.1.1 Indefinite recruitment, including indefinite fixed and part-time contracts, as well as the employment of fixed-term contracts in the form of training and training contracts, and learning, relief, interinity and contracts, whatever the modality used, with workers who have recognised a degree of disability not less than 33 per cent: 7.05 per 100, of which 5.50 per 100 will be in charge of the company and 1,55 per 100 in charge of the worker.
2.1.2 Determined duration:
2.1.2.1 Recruitment of fixed-term duration: 8.30 per 100, of which 6.70 per 100 will be borne by the employer and 1.60 per 100 by the employee.
2.1.2.2 Contracting of fixed-term fixed-term contracts: 9,30 per 100, of which 7.70 per 100 shall be borne by the employer and 1,60 per 100 by the worker.
2.1.3 Processing of fixed-term hiring for indefinite duration: When the fixed-term, fulltime or part-time contract is transformed into an indefinite duration contract, shall apply the rate of contribution provided for in paragraph 2.1.1 from the date of the date of processing.
2.1.4 Worker and worker partners of cooperatives: the worker partners of the worker cooperatives, the workers ' partners of the Community's cooperatives of the land, as well as the partners of In the case of cooperatives, including in social security schemes which have been provided for in the case of unemployment, they shall be listed at the rate provided for in paragraph 2.1.1, if the societarium link with the cooperative is indefinite, and at the rate provided for in the paragraph 2.1.2, if the societarium link with the cooperative is of a fixed duration.
2.1.5 Collective with a temporary service relationship with administrations, health services or the armed forces: Employment officers of public administrations, staff with appointment temporary statutory health services, complement military personnel and military personnel of the armed forces who maintain a relationship of services of a temporary nature shall be listed as provided for in paragraph 2.1.1, if such services are of interinity or substitution, and as provided for in paragraph 2.1.2, if those services are of an eventual nature.
2.1.6 Recognition of disability during the term of the contract of a given duration: The type of contribution provided for in paragraph 2.1.2 shall be amended by the rate laid down in paragraph 2.1.1 above from the date on which the recognize the worker with a disability degree of not less than 33 per 100.
2.1.7 Trade representatives providing services for several companies: Trade representatives providing services as such for several companies will be subject to the type of unemployment contribution which will be applied to them. corresponds to each procurement.
2.1.8 Internationals working in penitentiary and minor workshops: Penados and minors who carry out work activities in prison workshops and detention centers will apply the type provided for in the 2.1.1.
2.1.9 Public and trade union charges. The public and trade union charges referred to in Article 205.4 of the recast of the General Law on Social Security shall be listed in accordance with paragraph 2.1.2 above, depending on whether their dedication is exclusive in full time or partial.
2.1.10 Reserved. Voluntary reservists, except where they are career officials, and reservists of special availability, when activated to provide services in units, centres and agencies of the Ministry of Defence, shall be listed at the rate provided for in
2.1.2.1.2.2 Wage Guarantee Fund: 0.20 per 100, in charge of the company.
2.3 Professional training: 0.70 per 100, of which 0.60 per 100 will be in charge of the company, and 0.10 per 100 per employee.
Article 33. Bases and types of unemployment contributions, Guarantee Fund and vocational training in the Special System for Workers for Employed Persons established in the General System of Social Security.
The contribution of unemployment, Guarantee Fund and professional training of employed persons, included in this Special System, will be obtained by applying to the established bases of contribution in Article 13 (1.1) and (1.2), according to the professional contingency contribution method corresponding to the worker, the following types:
1. Unemployment:
For employed persons of a fixed character, 7.05 per 100, of which 5,50 per 100 will be in charge of the company and 1,55 per 100 in charge of the worker.
For employees of an eventual character, the 8.30 per 100, of which the 6.70 per 100 will be in charge of the company and the 1.60 per 100 in charge of the worker.
By way of derogation from the preceding paragraph, in the case of fixed-term contracts or contracts concluded with disabled workers referred to in Article 32.2.1.1, the applicable rate shall be 7,05 per 100 of the that 5.50 per 100 will be in charge of the company and the 1.55 per 100 will be in charge of the worker.
By way of derogation from the preceding paragraphs of this paragraph, during the year 2012 it shall apply for all workers in temporary incapacity, risk during pregnancy and risk during natural lactation. as well as maternity and paternity caused during the activity situation, whatever the group in which they may be placed, a reduction in the share of the unemployment contribution equivalent to 2.75 percentage points of the base of the quotation.
2. Salary Guarantee Fund: 0.10 per 100, which will be the sole responsibility of the company.
3. Vocational training: 0,18 per 100, of which 0,15 per 100 shall be borne by the undertaking, and 0,03 per 100 by the worker.
Article 34. Applicable rules for the unemployment contribution in the Special Regime of the Sea Workers.
In the Special Regime of the Workers of the Sea, to the basis of unemployment contribution, determined in accordance with the provisions of Article 32 of this order, the weightings to which they relate shall apply. Article 19 (6) of the recast text approved by Decree 2864/1974 of 30 August 1974 and the Order of 22 November 1974, without prejudice to Article 17 of that order.
Article 35. Bases and type of contribution for the protection by cessation of the activity of the self-employed.
1. The contribution base corresponding to the protection by cessation of activity of the workers included in the Special Regime of the Workers for Account Propia or Autonomos and the workers included in the Special System for Workers Agricultural Own Account established in the Special Regime, shall be the one for which the workers included in such Regime and Special System have chosen.
In the Special Regime of the Workers of the Sea, the basis for the cessation of activity shall be that which corresponds to the self-employed person included in the same, by applying the weightings to which In the case of the special scheme for the workers of the Sea and the Order of 22 November 1974, the Commission of the European Communities refers to Decree 2864/1974 of 30 August 1974 laying down the weightings of the contribution base for groups II. and III of the Special Regime of the Social Security of the Sea Workers.
The provisions of the preceding paragraph shall also apply to vessel owners as referred to in the additional provision of Royal Decree 1541/2011 of 31 October 2011 for the development of Law 32/2010 of 5 December 2011. August, establishing a specific system of protection for the cessation of the activities of self-employed workers, except for those included in Group I of the Special Regime, the basis of which will be for the contingency of occupational accidents and occupational diseases.
2. Both in the Special Regime of the Workers for Account Own or Autonomous, and in the Special System of the Workers for Own Account Agrarians established in the Special Regime of the Workers for Account Own or Autonomous, as well as in The Special Regime of the Workers of the Sea, the basis of contribution during the perception of the benefits by cessation of activity will be the corresponding to the regulatory base of the same in the terms established in article 9.1 of the Law 32/2010 of 5 August, without, in any event, being less than the amount of the minimum base or single base in force in the relevant scheme and in accordance with the specific circumstances in the beneficiary.
Those collectives which, in accordance with the rules governing the contribution to social security, during the activity are based on a lower basis than the ordinary minimum basis for the contribution of the employees on their own account or They shall be listed on the basis of a reduced contribution during the receipt of the cessation of activity.
3. During the year 2012, the rate of contribution for the protection by cessation of activity shall be 2,20 per 100 in charge of the worker.
CHAPTER III
Listing on partial-time contract assumptions
Article 36. Quotation bases.
1. The contribution to social security, unemployment, the Guarantee Fund and vocational training resulting from part-time work contracts shall be made on the basis of the remuneration actually paid on the basis of the hours worked. in the month that is considered.
2. The following rules shall apply to determine the monthly contribution basis for common contingencies:
First.-The remuneration payable for the ordinary and supplementary hours in the month referred to in the quotation shall be computed, whatever form or denomination, irrespective of whether it has been satisfied on a daily basis, weekly or monthly.
Second. Such remuneration shall be added to the proportional share corresponding to weekly rest and bank holidays, extraordinary payments and other remuneration concepts that have a periodicity in their accrual. higher than the monthly or non-periodic in character and are satisfied within the year 2012.
Third. -If the monthly contribution basis, calculated in accordance with the above rules, is lower than the minimum bases resulting from the provisions of Article 37, or higher than the maximum laid down for general purposes, the various groups of professional categories shall be taken, respectively, as a basis for quotation.
3. In order to determine the basis of contributions for occupational accidents and occupational diseases, as well as unemployment, the Guarantee Fund and vocational training, the remuneration for such accidents shall also be taken into account. (a) the first and second subparagraph of the preceding paragraph shall be taken into account in the case of overtime. In no case shall the basis thus obtained be higher, from 1 January 2012, to the maximum ceiling referred to in Article 2.1 and not less than EUR 4,51 per hour worked.
Regardless of their inclusion in the unemployment contribution basis, the calculation of the benefit regulatory basis shall exclude remuneration for these overtime hours.
4. The remuneration to be paid by part-time workers for the concept of overtime motivated by force majeure, as referred to in Article 35.3 of the recast of the Law on the Staff Regulations, is subject to the additional contribution as regulated in Article 5 of this order.
Article 37. Minimum basis for common contingency contributions.
1. From 1 January 2012, the minimum basis for hours applicable to part-time work contracts shall be as follows:
| Professional Categories | Minimum Base Per Hour Euros | ||
|---|---|---|---|
| 1 | Engineers and Licensors. Senior management staff not included in Article 1.3.c) of the Workers ' Statute | 6.30 | |
|
2 | 5.22 | ||
|
3 |
3 | Administrative and Workshop | 4.54 |
| 4 | Untitled Helpers | 4.51 | |
|
5 | 4.51 | ||
| 6 | Subalternate |
6 |
4.51 |
| 7 |
4.51 | ||
|
8 | |||
| First and second | 4.51 | ||
| 9 | Third and Specialist Officers | 10 | |
|
10 Work_table_body"> Unskilled eighteen-year-old workers | 4.51 | ||
|
11 | Workers under the age of eighteen, whatever their professional category | 4.51 |
2. The minimum monthly contribution basis will be the result of multiplying the number of hours actually worked by the minimum hourly base set in the previous section.
Article 38. Contribution to temporary disability, risk during pregnancy, risk during natural breastfeeding and maternity or paternity.
During situations of temporary incapacity, risk during pregnancy, risk during natural breastfeeding and maternity or paternity the daily basis of contribution will be the result of dividing the sum of the bases of contribution (a) in the three months immediately preceding the date of the causative event between the number of days actually worked and, therefore, listed in that period. This basis shall apply only to the days in which the worker would have been obliged to provide effective services within the undertaking, not to be in any of the above situations.
Article 39. Contribution to the situation of pluriemployment.
Where the worker provides services in two or more undertakings on a part-time basis, each of them shall be listed on the basis of the remuneration paid to him. If the sum of the remuneration received exceeds the maximum contribution ceiling for social security, it shall be distributed in proportion to those paid to the worker in each of the undertakings.
Article 40. Quotation in the case of concentrated work in periods of less than high.
1. In accordance with Article 65.3 of the General Regulation on the Listing and Settlement of Other Social Security Rights, in those cases where workers have agreed with their employer that the whole of the hours of (i) work which must be carried out each year at certain periods of each year, in receipt of all the annual remuneration or the remuneration for the lower period in question, in those periods of concentrated work, In addition to the monthly, the Social Security contribution will be made in accordance with the with the following rules:
First. The contribution base shall be determined on the basis of the contract of employment and at the beginning of each year in which the worker is in such a situation, taking into account the total amount of remuneration which the worker is entitled to receive on time. in that year, excluding in any case the amounts corresponding to the non-computable concepts on the basis of contribution to the social security system, in accordance with Article 23 of the general regulation cited above and other additional provisions.
Second. The amount obtained shall be prorated between the twelve months of the year or the lower period in question, thereby determining the amount of the contribution base corresponding to each of them and irrespective of whether the remuneration is receive in full the periods of work concentrated or in a pro rata manner throughout the respective year or lower period.
Third. The monthly contribution basis, calculated in accordance with the above rules, shall not be less than the amount of the minimum bases resulting from the provisions of Article 37.
Fourth. If, at the end of the financial year or period in question, the employee on a part-time basis, in the absence of his employment relationship, has received remuneration for a different amount than the one initially considered in that year or period for determine the monthly basis for listing during the same period, in accordance with the above rules, the corresponding regularisation shall be carried out. To this end, the employer must either practise the corresponding supplementary settlement of quotas for the differences in more and make the payment within the month of January of the following year or the month following that in which the relationship is extinguished. or request, where appropriate, the return of the fees that are unduly paid.
Fifth. In addition, the Social Security Administration may carry out the payment of quotas on its own initiative and agree on the returns requested, in particular in the case of the termination of the employment relationship of these workers. on a part-time basis for ordinary or early retirement, for the recognition of a permanent disability pension, for death or for any other cause, with the consequent reduction in the corresponding social security scheme; and cessation of the obligation to list.
2. The provisions of the above paragraph shall not apply to the fixed-discontinuous workers referred to in Article 15.8 of the recast of the Law of the Workers ' Statute, in accordance with the provisions of the additional provision Royal Decree 1131/2002 of 31 October 2002.
Article 41. Minimum contribution basis for the associated worker cooperative partners, in the case of a part-time contract.
The basis of contributions by common and professional contingencies of worker cooperative members who have opted in their statutes to assimilate the workers ' employees to employed persons, (a) in the case of the cooperative activity in the General Regime, in the Special Regime of the Workers of the Sea or in the Special Regime for Coal Mining, in the case of the provision of part-time services, it may not be less than the amounts which are shown below for the different trading groups:
| Euro Monthly Minimum | |
|---|---|
|
1 | 470.4 |
|
2 | 346.8 |
|
3 | 301.8 |
|
4 to 11 | 299.4 |
Article 42. Contribution to the Special System for Agricultural Employed Persons established in the General Social Security System.
Regardless of the number of hours of work performed on each day, the contribution base of the Special System workers may not be less than 32.53 euros/day.
Article 43. Quote in the legal guardian or direct care assumptions of a family member.
In the case of workers and public employees who, by virtue of the provisions of Article 37 of the recast of the Law of the Workers ' Statute, in Article 30 of Law 30/1984, of 2 August, of measures for the reform of the Civil Service, and in Articles 48 and 49 of Law 7/2007, of 7 April 2007, of the Basic Staff Regulations, make a reduced day with a proportional reduction in their remuneration, the contribution shall be made on the basis of the remuneration they receive without, in any event, the contribution base being less than the amount resulting from multiplying the hours actually worked in the month referred to in the quotation for the minimum time bases referred to in Article 37.1 of this order.
CHAPTER IV
Listing on contracts for training and learning
Article 44. Determination of quotas.
1. During the year 2012, the contribution to social security and other contingencies protected by workers who had concluded a contract for training and learning shall be carried out in accordance with the following:
(a) The contribution to Social Security shall consist of a single monthly fee of EUR 36,39 for common contingencies, of which EUR 30,34 shall be borne by the employer and EUR 6,05 by the worker, and EUR 4,17 per professional contingencies, in charge of the employer.
(b) The contribution to the Salarial Guarantee Fund shall be a monthly fee of EUR 2,31, by the employer.
(c) For the purposes of professional training, a monthly fee of EUR 1,26 shall be paid, of which EUR 1.11 shall correspond to the employer and EUR 0.15 to the worker.
(d) Where an unemployment contribution is made, the contribution base shall be the minimum basis for the contingency for occupational accidents and occupational diseases to which the type and distribution of the the same as referred to in Article 32.2.1.1.
(e) During the receipt of unemployment benefit, the contribution to the Social Security contribution shall be made in accordance with the provisions of Article 8.6.
(f) The remuneration to be paid by workers in respect of overtime shall be subject to the additional levy provided for in Article 5.
2. The provisions of paragraph 1 (a) shall also apply to the contribution of research staff in training for grants included in Royal Decree 63/2006 of 27 January 2006 approving the Staff Regulations of the investigating staff in the training.
This trading system will not affect the determination of the amounts of the economic benefits to which they are entitled, in respect of which the amount of the minimum base corresponding to the group will continue to be applied Contribution of the General Regime.
3. Similarly, the provisions of paragraph 1 (a) shall also apply to the contribution of persons treated as selfemployed persons referred to in Royal Decree No 1493/1999 of 24 October 2011 on the terms and conditions of the the conditions for inclusion in the General Social Security Scheme of persons participating in training programmes, in development as provided for in the third provision of Law 27/2011 of 1 August, on updating, adjustment and modernisation of the system of social security, and to make the contribution of people (a) to carry out non-work practices under the provisions of Royal Decree 1543/2011 of 31 October 2011 governing non-employment practices in companies.
Additional disposition first. Contribution by professional contingencies in the cases of suspension of the employment relationship.
The contribution by accident of work and occupational diseases by those workers who have suspended the employment relationship for economic, technical, organizational or production causes or derived from force majeure, to which Article 47 of the recast text of the Law of the Staff Regulations, which are in a state of total unemployment, shall be effected by applying the rates established for the respective economic activity, in accordance with the of the premiums laid down in the fourth provision of Law 42/2006, 28 of December, the General Budget of the State for the year 2007.
Additional provision second. Contribution of unemployed workers to work for social collaboration work.
1. In accordance with the provisions of the fifth additional provision of the General Regulation on the listing and settlement of other social security rights, public administrations which, in accordance with the provisions of Article 38 of the Royal Treaty, Decree 1445/1982 of 25 June 1982 using unemployed workers to carry out social collaboration work, they will be obliged to formalize the coverage of occupational accidents and occupational diseases. workers and to enter the quotas corresponding to the aforementioned contingencies.
2. The basis of contributions for the contingencies referred to in the preceding paragraph shall be calculated on the basis of the average of the contribution bases for such contingencies, in the last six months of effective occupation, without prejudice to the application, (c) case, as provided for in Article 8 (3) and (4
.In the case of workers receiving unemployment benefit, the contribution base shall be equal to the minimum contribution ceiling referred to in Article 2.
Additional provision third. Contributions during the collection of unemployment benefits by victims of gender-based violence.
During the period of receipt of unemployment benefits by victims of gender-based violence that have suspended the employment relationship, the management entity of the benefits will pay the contribution to the Social security as established for the purposes of the termination of the employment relationship.
Additional provision fourth. Contribution of the public employees to the General Social Security Scheme.
During the year 2012, the basis for listing all the contingencies of the public employees in the General Social Security Regime to whom the provisions of the additional provision would have been applied The seventh of the Royal Decree-Law No 8/2010 of 20 May, as long as its employment or service relationship remains, will be in line with the situation in December 2010, unless the remuneration which it receives may correspond to one of the (a) the higher value, in which case the monthly contribution is to be made.
For the purposes of the preceding paragraph, the contribution basis for the month of December 2010 shall be deducted, where appropriate, from the amounts of the remuneration concepts which have a periodicity in their accrual. higher than the monthly or non-periodic in character and which would have integrated that base without having been subject to a pro-rata basis.
Additional provision fifth. Reduction in the business contribution in the contribution of public officials.
In accordance with the fifth transitional provision of Royal Decree-Law 13/2010 of 3 December 2010, of actions in the field of taxation, labour and liberalisation to encourage investment and job creation, the contribution Business in the contribution to social security for common contingencies of civil servants who have entered into their respective administration as from 1 January 2011 and are included in the scope of Article 20 of the said Royal Decree-Law, will be reduced by 50 percent of the one that would correspond according to the rules of application.
Additional provision sixth. Revision of the coefficients set out in Articles 19 and 20.
The coefficients set out in Articles 19 and 20 of this order may be reviewed in the light of the liquidation of the Social Security Budget for the year 2011.
Additional provision seventh. Provision for cessation of activity of workers included in the Special System for Agricultural Own Account Workers.
The obligation to list for the protection by cessation of activity, which shall be born from 1 January 2012 in accordance with the provisions of paragraph 5 of the fifth additional provision of Royal Decree 1541/2011 of 31 October 2011, affect workers included in the Special System for Agricultural Own Account Workers who have cover all professional contingencies.
First transient disposition. Option of bases of quotation, in certain assumptions, in the Special Regime of Workers for Account Own or Autonomous.
The workers covered by the Special Scheme of Workers for the Own or Self-employed Persons who, on the date of the impact of the bases of contribution provided for in Article 15, have opted for the maximum bases permitted until that time, until the last day of the month following that of the publication of this order in the "Official Gazette of the State", any basis of quotation from the one to which they were listed and the the maximum limit that applies to them. The new base chosen shall have effect from 1 January 2012.
Second transient disposition. Income from contribution differences.
1. The differences in prices which could have been incurred in the application of the provisions of this order in respect of the contributions which, as from 1 January 2012, would have been made, may be entered without a surcharge within the period specified in the end on the last day of the second month following the publication of this order in the "Official State Gazette".
2. In addition, the differences in contributions which arise as a result of what is laid down in the first transitional provision, where the workers concerned opt for a higher contribution basis than that for which they are based. By listing, they may be entered without a surcharge until the last day of the month following the end of the period of option set out in the above provision.
Transitional provision third. Provisional determination of the applicable contribution bases in the Special Regime for Coal Mining.
The contribution of the workers included in the Special Regime for Coal Mining, with respect to common contingencies, will be carried out on the bases established for 2011, until the bases of contribution are approved they are to be governed in this financial year, without prejudice to the regularisations to which, subsequently, there is a place.
Final disposition first. Entry into force.
This order shall enter into force on the day following that of its publication in the "Official Gazette of the State", with effect from 1 January 2012.
Final disposition second. Application and development powers.
The Directorate-General for Social Security Management is empowered to resolve any questions of a general nature in the application of this order.
Madrid, February 2, 2012. -Minister of Employment and Social Security, Fatima Banez García.
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