Order Tin-3356-2011, On November 30, Which Modifies The Order Tas/2865/2003, 13 October, Which Regulates The Special Agreement On The Social Security System.

Original Language Title: Orden TIN/3356/2011, de 30 de noviembre, por la que se modifica la Orden TAS/2865/2003, de 13 de octubre, por la que se regula el convenio especial en el sistema de la Seguridad Social.

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The second additional provision of law 27/2011, August 1, about updating, adaptation and modernization of the Social security system, in its paragraph 1, establishes that the Ministry of labour and immigration will determine, from its publication, the modalities of special agreements with Social security that should necessarily subscribe before a certain period during from the date that has been done it low regime corresponding or extinguished the right to benefits by unemployment.

In fulfilment of this legal mandate and through the reform of article 3 of the order TAS/2865/2003 of 13 October, which regulates the special agreement on the Social security system, proceeds to establish the general period of one year to apply for the subscription of the concerned special Convention, which only does not apply with respect to certain special agreements regulated in chapter II of this order.

At the same time, paragraph 2 of the aforementioned second additional provision of law 27/2011, of 1 August, empowers the Ministry of labour and immigration to regulate, in the terms and conditions determined by, the signing of special agreement with Social security by those Spaniards who, without having been previously affiliated to the Social security system participate in abroad, paid form, in training programmes or research without being bound by an employment relationship.

Taking into account that the situation of this last group, which has to move and settle in a foreign country to participate in the referral programs for training or research, presents a number of features in common with the Spanish emigrants, is estimated appropriate to apply to it the planned regulation for the special agreement to be signed by the latter, in order to enable their inclusion in the protective scope of the Spanish Social security system.

To do this we proceed to add a new paragraph 1.4 to article 15 of the order TAS/2865/2003 of 13 October, concerning the Special Convention of immigrants and children of immigrants, in order to see the Group provided for in the additional provision segunda.2 of the law 27/2011, from 1 August.

Paragraph 2 of the aforementioned article 15, is also modified in order to adapt the procedures and documentation required to request the subscription of this special agreement to the various cases covered.

This command is run at office of the habilitation conferred to the Minister of labour and immigration by paragraphs 1 and 2 of the second additional provision of law 27/2011, August 1, about updating, adaptation and modernization of the Social security system.

For these reasons, according to the Council of State, I have: single article. Modification order TAS/2865/2003, 13 October, which regulates the special agreement on the Social security system.

Order TAS/2865/2003 of 13 October, which regulates the special agreement on the Social security system, is hereby amended as follows: one. Paragraph 1 of article 3 is worded in the following terms: in the cases referred to in paragraphs 2.a)» ((, 2.c) and 2.e) of article 2, the day following the date of effect of the decline in the Social security scheme in which it was framed.

((b) in the case provided for in paragraph 2.b) of article 2, the date on which the obligation is extinguished of pay into Social Security.

((c) in the case referred to in paragraph 2.d) of article 2, the date of the new contract with the same or a different employer.

((d) in the case referred to in paragraph 2(f)) article 2, starting from the day following that where the right to benefit is extinguished by unemployment or has ceased in the perception of the subsidy for unemployment.

(((e) in the cases provided for in sections 2.g), 2.h) and 2.i) of article 2, the date when the corresponding administrative or judicial resolution is firm.

When, in the case referred to in paragraph 2.i) has had caused low in a Social security scheme by reason of the application for a retirement pension, will be necessary, in any case, that such a request has been made within the year following the effects of the low.

(En los supuestos a que se refiere el apartado 2.j) of article 2, the request for entry into the respective special agreement may make at any time, unless this is required by a specific term, your subscription is to be made within a period of time or in another legally established procedure or made a referral to the provisions of chapter I of this order ".

Two. Add a new paragraph 2 to article 3, with the following wording: «2. the application of special agreement must be in the official form established for this purpose by the Treasury General of the Social Security, which may be submitted in any of the places referred to in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure» «, as well as through the electronic procedure establishing the cited common service of Social Security.»

3. The current paragraph 2 of the article 3 happens to constitute new paragraph 3 and paragraphs 2.1, 2.2 and 2.3 new paragraphs 3.1, 3.2 and 3.3.

Four. Add a new paragraph 1.4 article 15, with the following wording: «1.4 Spaniards who, without having been previously affiliated to the Social security system, participate in training programs or research abroad paid form, either that the concept or form of compensation received, without being bound by an employment relationship» which shall be regarded as migrants for the sole purpose of the signing of this form of special agreement.

5. Paragraph 2 of article 15 is worded as follows: ' 2. the application to sign this form of special agreement may make at any time, and in the places indicated in article 3(2) of this order, for the purposes of processing by the provincial Directorate of the General Treasury of the Social security of Madrid, in the cases referred to in paragraphs 1.1» 1.3 and 1.4, and by the provincial Directorate of the General Treasury of the Social security or the Social Security Administration corresponding to the domicile where has been fixed the residence, in the case referred to in paragraph 1.2.

2.1. the stay abroad may be credited via copy of residence or stay permit issued by the relevant authorities of the country of immigration, authenticated by the Ministry of labour and Spanish or Spanish in that country Consulate, or certificate of registration in the register of registration of the Embassy or Spanish Consulate that corresponds.

(2.2 work, provision of services or training abroad may be established by any means admissible in law and, in particular, by any of the following: a) in the case referred to in paragraph 1.1, using the copy of the work permit issued by the relevant authorities of the country of immigration, authenticated by the Ministry of work and immigration Spanish or Spanish Consulate in that country , or by a certificate of work issued by the company, certified and translated by the Department or Consulate indicated.

(b) in the case referred to in section 1.3, by certificate of the status of secular, missionary or worker sent overseas, issued by the organization or institution which one belongs.

(c) in the case referred to in paragraph 1.4, through participation in training programs or research certificate issued by the company, organization or institution the appropriate, certified and translated by the Ministry of work and immigration Spanish or Spanish Consulate.

2.3. for the purpose of credit return to Spanish territory, it will be necessary to provide low certificate to the Matricula Consular registry and to authorize the General Treasury of the Social Security to check the data of the domicile and residence in Spain via query to the verification data system of residence laid down in Royal Decree 523/2006 of 28 April whereby the requirement to provide the registration certificate, as probative document of domicile and residence, in the administrative procedures of the General Administration of the State and its public organizations linked or dependent shall be deleted. Does not grant authorization or when registration is performed in the last two months, it will be necessary to provide the certificate of discharge in the corresponding register».

Sole transitional provision. Previous situations.

Within a year to apply for entry into special agreement, laid down in article 3(1) of the order TAS/2865/2003 of October 13, be computed from the date of entry into force of this order when casualties, cases of extinction of the obligation to make contributions and other situations that allow you to subscribe to it have occurred prior to that date.

Sole final provision. Entry into force.
This order shall enter into force the day following its publication in the "Official Gazette".

Madrid, 30 November 2011.-the Minister of labour and immigration, Valeriano Gómez Sánchez.

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