The third, nine, final provision of Law 39/2010, of 22 December, of General State Budgets for the year 2011, has added a new additional provision, the fiftieth third, to the General Law of Security Social, recast text approved by the Royal Legislative Decree 1/1994, of 20 June, by which it extends, with effect from 1 January 2011, the protective action for professional contingencies to the workers included in the Regime Special Social Security of Home Employees.

This rule should be framed in the process initiated as a result of the 1995 Toledo Pact, in its fourth recommendation and subsequent updates in 2003 and 2011, which determine a principle of homogenization. gradual regulation of the various special schemes and an extension of the protected contingencies which should culminate in an equalisation with the protective action of the General Regime.

Until now, under the provisions of Decree 2346/1969 of 25 September, which regulates the Special Regime of the Social Security of the Employees of the Home, the contingencies protected under this regime were exclusively those laid down in the General Social Security Scheme by common contingencies, irrespective of whether the sickness or accident of the household worker is, or is not, a professional or occupational character, have.

Due, therefore, to the fact that the Special Regime of Social Security of the Household Employees had recognized fewer contingencies within the Social Security system, it was necessary to make effective the expansion of the protected contingencies, including those of a professional nature, with the aim of equating the conditions for the protection of workers included in the field of application of the said scheme with those belonging to the other schemes.

The additional fifteenth provision of the General Law on Social Security also provides that professional contingencies will recognize the benefits that are provided for by the workers included in the General Regime, in terms and conditions which are established in a regulated manner, also determining the consequent obligation to list for the repeated contingencies and referring to the relevant standard specification of the type of contribution provided for in the premium rate for these professional contingencies to be applied to these workers.

Accordingly, in accordance with the above mentioned provision and in order to make fully effective the new extension of the protective action of the persons included in the alluded to Special Regime of Home employees, it is necessary to proceed both to the adaptation of the general regulations on registration of companies and affiliation, high, low and variations of data of workers in the Social Security, and on the listing and liquidation of Other rights of the Social Security, adopted, respectively, by the Royal Decrees 84/1996, January 26, and 2064/1995, of December 22, as well as the timely development of regulations on performance.

This regulatory development is done without prejudice to the adaptation that will need to be made when, with effect from 1 January 2012, the provisions of Law 27/2011 of 1 August on updating are effective, Adaptation and modernisation of the Social Security system, regarding the integration of the Special Regime of Home Employees into the General System of Social Security.

In the handling of this royal decree the appropriate reports have been obtained from the social partners and the affected organs of the General Administration of the State.

The royal decree is issued in accordance with the final provision seventh of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of June 20.

Under its virtue, on the proposal of the Minister of Labour and Immigration, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on November 4, 2011,

DISPONGO:

Article 1. Protected contingencies and benefits.

For the purposes of the additional 50th third of the General Law of Social Security, the Special Regime for Social Security of Home Employees is considered to be protected. contingency for work accident and occupational disease on the same terms and conditions as those established for the coverage of professional contingencies in the General Regime.

For the contingencies indicated, the benefits that, by the same, are foreseen in the General Regime, in the terms and conditions that are established in this royal decree, will be recognized.

Article 2. Concept of the accident at work and occupational disease.

In order to comply with this rule, the concepts of the accident at work and the occupational disease shall be those laid down in Articles 115 and 116 of the General Law on Social Security, respectively, Recast text approved by the Royal Legislative Decree 1/1994 of 20 June.

Article 3. Scope of protective action for professional contingencies, arising from accidents at work or occupational disease.

1. Household employees and, where appropriate, their family members shall be entitled to the following benefits:

a) Healthcare.

b) Professional recovery.

c) Temporary disability allowance.

d) Permanent disability benefits.

e) Benefits for death and survival.

(f) flat-rate allowances for permanent non-invalidating injuries resulting from accidents at work or occupational diseases.

2. The cost of benefits in the event of an accident at work and occupational disease due to the absence of measures for the prevention of occupational risks, as referred to in Article 123 of the General Law, shall not apply to household employees. of Social Security.

Article 4. Conditions of access to benefits.

1. It shall be a prerequisite for the recognition and payment of economic benefits, arising from professional contingencies, that the obligations of membership and discharge in this Special Regime have been fulfilled.

2. By way of derogation from the above paragraph, where the household owner has failed to fulfil the obligations of affiliation, discharge or listing of the household employee, the economic benefits arising from contingencies shall be recognised. (a) to the extent to which they are responsible for the payment of the levy and the penalties arising under the Law on the Infractions and for the purposes of the payment of the liability to the family household holder; Sanctions in the Social Order, recast text approved by the Royal Legislative Decree 5/2000, 4 of August.

3. Failure to comply with the obligations of membership and/or discharge in the Special Regime of Home Employees, if the obligation to apply for them is the worker himself, will prevent access to benefits.

However, if the household employee has fulfilled such obligations but is not aware of the payment of the Social Security contributions, the payment invitation mechanism provided for in Article 28 (2) of the Treaty shall apply. Decree 2530/1970, of 20 August, which regulates the Special Regime of Social Security for self-employed or self-employed persons.

Article 5. Temporary disability allowance.

1. The economic benefit due to temporary incapacity arising from professional contingencies shall be governed by the provisions of this Article and, as far as is not regulated in it, by the provisions of the General Regime.

2. The temporary incapacity allowance, in the case of an accident at work or occupational disease, shall be paid from the ninth day of the discharge, with the employer being responsible for the payment of the benefit to the worker since the fourth day to the eighth of the above, both inclusive.

3. The daily allowance shall be the result of applying 75 per 100 to the relevant regulatory basis.

The basis for the benefit shall be the contribution base of the employee of the household corresponding to the month preceding that of the medical discharge, divided by 30. Such a basis shall be maintained throughout the temporary incapacity process, including the corresponding relapses, unless a change is made to the single contribution base, in which case the latter shall be taken into account.

4. The management and control of the economic performance due to temporary incapacity arising from professional contingencies shall be carried out by the managing body or, where appropriate, the mutual of occupational accidents and occupational diseases. Social with which the coverage of such contingencies has been formalized.

Article 6. Risk allowances during pregnancy and at risk during natural lactation.

Risk subsidies during pregnancy and at risk during natural lactation will be governed by the provisions of Royal Decree 295/2009 of 6 March 2009 regulating the economic benefits of the system of Social security for maternity, paternity, risk during pregnancy and risk during natural lactation.

Article 7. Permanent disability benefits, non-invalidating permanent injury and death and survival benefits.

The basis for the provision of permanent disability and death and survival, arising from professional contingencies, shall be equivalent to the contribution base of the household employee on the date of the event causing the benefit.

With regard to permanent disability benefits and non-invalidating permanent injury compensation, the provisions of Royal Decree 1300/1995 of 21 July 1995 on the development of permanent disability benefits will be in line with the (a) the labour force of the Social Security system, Law 42/1994 of 30 December 1994, of fiscal, administrative and social measures, and its implementing and development rules.

Article 8. Recognition of the right and payment.

The recognition of the right and the payment of benefits arising from professional contingencies shall be carried out, in equal terms and in the same situations as in the General Social Security Regime, by the entity the management or, where appropriate, the mutual of occupational accidents and occupational diseases of the Social Security with which the coverage of such contingencies has been formalised.

To this end, in the case of pensions caused by permanent incapacity or death resulting from an accident at work or occupational disease, with a charge to a mutual, it shall, in the terms laid down in Article 87.3 of the General Law of Social Security, to the capitalization of the amount of such pensions, and must constitute in the General Treasury of General Security, up to the limit of its liability, the corresponding cost capitals.

Single transient arrangement. Choice of entity for the coverage of professional contingencies.

The family household owners who, at the entry into force of this royal decree, had employees at home on discharge, or the discontinuous household employees themselves who were on the high at that time, would have to choose the a managing body or a partner with whom they wish to formalise the coverage of professional contingencies, within 30 working days of the date of entry into force of the same.

In the absence of such a choice within the prescribed period, the coverage shall be the responsibility of the managing body of the Social Security, being formalised by the General Treasury of Social Security.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they are contrary to the provisions of this royal decree and, expressly, Article 22 (3) and Article 33 (2) of Decree 2346/1969, 25 of September, for which the Special Regime of the Social Security of the Employees of the Home is regulated.

Final disposition first. Competence title.

This Royal Decree is issued under the exclusive competence of the Economic System of Social Security attributed to the State by Article 149.1.17. of the Constitution.

Final disposition second. Amendment of the General Regulation on the registration of enterprises and affiliation, high, low and variations of data of workers in Social Security, approved by Royal Decree 84/1996, of January 26.

Article 49 (1) and (2) of the General Regulation on the registration of enterprises and affiliation, high, low and variations of data of workers in social security, approved by Royal Decree 84/1996 of 26 January, they are worded in the following terms:

" 1. At the time of applying for registration as employers, family heads or household owners who have employees of household to their service on an exclusive and permanent basis must include the managing body or contributor to the who choose to protect the contingencies of occupational accidents and occupational diseases with respect to those.

2. The person required to apply for membership, discharge and discharge in the Special Home Employee Scheme shall be the worker himself at the service of the family household when he/she provides his/her services to one or more family heads or household holders to partial time, whether or not for an indefinite period, both on a regular and fixed basis, or for a fixed period in the cases provided for in Article 15 of the recast of the Law on the Staff Regulations, adopted by the Royal Legislative Decree 1/1995 of 24 March.

1. In this case, in addition to the documentation established in general, the household employee must accompany his or her application for membership or a high declaration of all the heads of household in which each person record the time and other conditions for the provision of services on a partial or discontinuous basis.

The application for discharge must also include the managing body or partner for which the household employee has chosen to cover the contingencies of occupational accidents and occupational diseases.

These applications for membership and discharge as well as the documentation to accompany them will be submitted within six calendar days of the start date of the corresponding activity.

2. For the purposes of this Regulation, part-time services shall be considered to be provided for a period of less than 80 working hours during the month, provided that they exceed the minimum of establish in this respect the Minister of Labour and Immigration. "

Final disposition third. Amendment of the General Regulation on the Listing and Settlement of Other Rights of Social Security, adopted by Royal Decree 2064/1995 of 22 December 1995.

The General Regulation on the Listing and Settlement of Other Social Security Rights, approved by Royal Decree 2064/1995 of 22 December 1995, is amended as follows:

One. Article 11 (1) is worded as follows:

" 1. (a) the contribution by employers, self-employed persons and household employees who provide their services on a partial or discontinuous basis to one or more employers, in the case of accidents at work and occupational diseases; the terms laid down in this Regulation shall be made by applying the rate of contribution corresponding to the economic activities of undertakings and workers and to the occupations or situations of the latter, in accordance with the tariff of current premiums. "

Two. Article 46 is worded as follows:

" Article 46. Subject to the obligation to list.

1. In the Special Regime of Social Security of Home Employees, they are subject to the obligation to list family heads or household owners who have an employee of household to their service exclusively and permanently and the (b) employees of the household in the service of those who are included in the field of application of the said Special Regime, the provisions of Article 22 of this Regulation being applicable.

For the purposes of the preceding paragraph, where the household employee provides his services to a single employer and the duration of the service is greater than half of the normal day, the person concerned shall be deemed to be exclusive and permanent way.

2. If the home employee provides services on a partial or discontinuous basis to one or more employers, the subject of the obligation to list this Special Regime, both for common contingencies and for professional contingencies, shall be exclusively said worker.

3. In addition, the household employee shall be the sole subject of the obligation to list in situations of temporary incapacity, maternity, paternity, risk during pregnancy and risk during natural lactation, including the month of termination of the such situations but excluding the month in which they are initiated, in which they shall be subject to the obligation to list the head of household and the household employee in the terms referred to in paragraph 1. '

Three. Article 48 is worded as follows:

" Article 48. Quote Types.

1. For the purposes of the listing for common contingencies, the rate of contribution applicable to this Special Scheme and its distribution, where appropriate, in order to determine the contributions of employers and household employees, shall be determined by the corresponding State General Budget Law for each financial year.

2. For the purposes of the contribution of professional contingencies, the corresponding rate of contribution of the current premium rate shall apply. '

Four. Article 50 is worded as follows:

" Article 50. Settlement of the quota as an object of the obligation to list.

The amount of the share of the Special Scheme for the Social Security of Home Employees, which shall be monthly and indivisible, shall be calculated by applying to the basis of the contribution determined in Article 47 the rate of contribution to which Article 48, in addition to the provisions laid down in Articles 17 et seq. of this Regulation, as well as in Articles 55 et seq. of the General Regulation on the collection of social security and other provisions complementary. "

Final disposition fourth. Application and development powers.

The Minister of Labour and Immigration is empowered to dictate the general provisions necessary for the implementation and development of this royal decree.

Final disposition fifth. Entry into force.

This royal decree shall enter into force on the first day of the month following that of its publication in the "Official Gazette of the State".

Given in Madrid, on November 4, 2011.

JOHN CARLOS R.

The Minister of Labor and Immigration,

VALERIAN GOMEZ SANCHEZ