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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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TEXT

The second provision of Law 27/2011 of 1 August on the updating, adequacy and modernisation of the Social Security system, in paragraph 1, provides that the Ministry of Labour and Immigration will determine, from their publication, the arrangements for special agreements with the Social Security which must be signed before the end of a given period, to be counted from the date on which the scheme has been reduced The right to unemployment benefits is either extinguished or is extinguished.

In compliance with that legal mandate and through the reform of Article 3 of Order TAS/2865/2003 of 13 October, which regulates the special convention in the system of social security, the time limit is set a year to apply for the subscription of the special convention, which shall not apply only in respect of certain special conventions covered by Chapter II of that order.

In turn, paragraph 2 of the aforementioned additional provision of Law 27/2011, of August 1, empowers the Ministry of Labor and Immigration to regulate, in the terms and conditions it determines, the subscription of the This is particularly important for those Spaniards who, without having previously been affiliated with the Social Security system, participate in training or research programmes without being paid for in a paid way abroad. linked by an employment relationship.

Taking into account that the situation of the latter collective, which must be moved and established in a foreign country to participate in the aforementioned training or research programmes, presents a number of common features with The Spanish emigrants, it is considered appropriate to apply to the same regulation provided for the special agreement to subscribe for the latter, in order to enable their inclusion in the protective field of the Spanish system of Social Security.

For this purpose, a new paragraph 1.4 is added to Article 15 of Order TAS/2865/2003 of 13 October concerning the special convention of emigrants and children of emigrants, in order to provide for the collective provision of the additional provision of Law 27/2011 of 1 August.

Article 15 (2) is also amended in order to adapt the procedures and documentation necessary to request the subscription of this special agreement to the various cases in which they are referred.

This order is issued in the exercise of the habilitation conferred on the Minister of Labour and Immigration by paragraphs 1 and 2 of the second provision of Law 27/2011 of 1 August on updating, adequacy and modernization of the Social Security system.

For all the above, according to the State Council, I have:

Single article. Amendment of Order TAS/2865/2003, of October 13, which regulates the special convention in the social security system.

Order TAS/2865/2003 of 13 October, which regulates the special convention in the social security system, is amended as follows:

One. Article 3 (1) is worded as follows:

" 1. Request your subscription to the provincial directorate of the General Treasury of Social Security or Social Security administration corresponding to the address of the applicant within one year, which will be computed as follows:

(a) In the cases referred to in Article 2 (2) (a), (2) (c) and 2 (e), from the day following the date of the effect of the reduction in the social security scheme in which it was registered.

(b) In the case referred to in Article 2 (2) (b), from the date on which the obligation to list Social Security is extinguished.

(c) In the case referred to in Article 2 (d), from the date of conclusion of the new contract with the same or different employer.

(d) In the case referred to in Article 2 (f), from the day following that in which the right to unemployment benefit has been extinguished or where the receipt of the allowance has been terminated, the unemployment.

e) in the cases referred to in Article 2 (2) (g), (2) and (2) (i), from the date on which the relevant administrative or judicial decision is signed.

Where, in the case referred to in paragraph 2 (i), the application for a retirement pension has been reduced by a social security scheme, it is necessary, in any event, that such a request be made. performed within the year following the year of low effects.

In the cases referred to in Article 2 (2) (j), the application for subscription of the respective special agreement may be made at any time, unless a specific time limit is required for this purpose. it must be carried out within a period of time or within the framework of another legally established procedure or a referral to the provisions of Chapter I of this order is made. '

Two. A new paragraph 2 is added to Article 3, with the following wording:

" 2. The application for a special agreement must be made in the official model established for the purpose by the General Treasury of Social Security, which may be filed in any of the places provided for in Article 38.4 of Law 30/1992, of 26 of November, the Legal Regime of Public Administrations and the Common Administrative Procedure, as well as the electronic procedure established by the aforementioned common service of social security. "

Three. The current Article 3 (2) becomes the new paragraph 3, and paragraphs 2.1, 2.2 and 2.3 of its new paragraphs 3.1, 3.2 and 3.3.

Four. A new paragraph 1.4 is added to Article 15, with the following wording:

" 1.4 Spaniards who, without having previously been affiliated with the Social Security system, participate abroad in training or research programs on a paid basis, whatever the concept or form of the remuneration they receive, without being bound by an employment relationship, which will have the consideration of emigrants to the sole effects of the subscription of this special arrangement. "

Five. Article 15 (2) is worded as follows:

" 2. The request to subscribe to this special arrangement may be made at any time and in the places referred to in Article 3.2 of this order, for the purposes of processing by the provincial management of the General Treasury of the Social security in Madrid, in the cases referred to in paragraphs 1.1, 1.3 and 1.4, and by the provincial directorate of the General Treasury for Social Security or Social Security administration corresponding to the address where it has been established the residence, in the case provided for in paragraph 1.2.

2.1 The stay abroad may be credited by a copy of the residence permit or stay issued by the relevant authorities of the country of immigration, certified by the work and immigration counseling Spanish or Spanish consulate in that country, or by certificate of registration of the registration of the Spanish embassy or consulate that corresponds.

2.2 The work, provision of services or training abroad may be accredited by any means admitted in law and, in particular, by any of the following:

(a) In the case provided for in paragraph 1.1, by means of a copy of the work permit issued by the relevant authorities of the country of immigration, certified by the Spanish labour and immigration department or consulate Spanish in that country, or by certificate of the work issued by the company, which is certified and translated by the indicated counseling or consulate.

(b) In the case provided for in paragraph 1.3, by certificate of the status of a person, missionary or cooperative sent abroad, issued by the organization or institution of which the person is dependent.

(c) In the case referred to in paragraph 1.4, by means of a certificate of participation in training or research programmes issued by the undertaking, entity or institution which corresponds to, and has been Spanish work and immigration counseling or Spanish consulate.

2.3 For the purpose of crediting the return to Spanish territory, it will be necessary to provide the certificate of absence in the Registry of Consular Registry and to authorize the General Treasury of the Social Security to verify the data of the residence and residence in Spain by way of consultation of the Residence Data Verification System provided for in Royal Decree 523/2006 of 28 April 2006, which eliminates the requirement to provide the certificate of registration, as a document proof of domicile and residence, in the administrative procedures of the Administration General of the State and its related or dependent public bodies. If such authorisation is not granted or where the registration has been carried out in the last two months, it shall be necessary to provide the certificate of discharge on the relevant municipal register. "

Single transient arrangement. Previous situations.

The one-year period for applying for the subscription of a special agreement, as set out in Article 3.1 of Order TAS/2865/2003 of 13 October 2003, shall be computed from the date of entry into force of this order when the casualties, (a) the obligation to list and other situations to be subscribed to have occurred prior to that date.

Single end disposition. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 30 November 2011. -Minister of Labour and Immigration, Valeriano Gómez Sánchez.