SUMMARY OF THE INTEGRATION OF THE SPECIAL AGRICULTURAL REGIME OF SOCIAL SECURITY INTO THE GENERAL REGIME OF SOCIAL SECURITY.

Law 28/2011 was published in the Official State Gazette of September 23, 2011, which integrates the Special Agrarian Social Security Regime into the General Social Security Regime.

OBJECTIVES OF THE LAW

a) The integration into the General Social Security Regime of employed workers included in the Special Agrarian Social Security Regime, as well as the employers to whom they provide their services.

b) The creation of a Special System for Agricultural Employed Workers through a new contribution and protection model.

CHARACTERISTICS OF THE SPECIAL SYSTEM FOR AGRICULTURAL EMPLOYED WORKERS

• The particularities are: In order to remain included in the Special System during periods of inactivity in agricultural work, workers will not be required to work a minimum of 30 real days in a continuous period of 365 days.
  Only They will be excluded from this special system when they do not carry out any real day for a period exceeding six consecutive calendar months, or in cases where the worker does not pay the fee corresponding to periods of inactivity.
  The contributions paid to the extinct Special Agrarian Regime of Social Security by employed workers, integrated into the General Regime of Social Security, will be understood to have been made in the latter, having full validity both to perfect the right and to determine the amount of the benefits provided for in the protective action of said General Regime.
• Obligation to contribute: There is an obligation to contribute both during periods of activity for carrying out agricultural work and during periods of inactivity in said work.
• Idle situation: It will be understood that there are periods of inactivity within a calendar month when the number of actual days carried out in it is less than 76.67% of the calendar days in which the worker is included in the Special System in said month.
  To be included in the system during periods of inactivity, the worker must have worked a minimum of 30 real days in a continuous period of 365 days.
  Exclusion from the Special System for Agricultural Employed Workers during periods of inactivity, with the consequent withdrawal from the General Regime, the following may occur:
  
  a)   At the request of the worker.
  b)   Ex officio by the General Treasury of Social Security when the worker does not work a minimum of 30 days in a continuous period of 365 days or due to failure to pay the contributions corresponding to periods of inactivity for two consecutive monthly payments.
   
• Registration request: If temporary or permanent workers are hired on the same day that they begin providing services, registration requests may be submitted until 12 noon on said day, when it has not been possible to formalize them prior to the start of said day.
• Quotation rules during activity periods: The contribution may be made, at the employer's option, on a daily basis, based on the actual days worked, or on a monthly basis. For employed agricultural workers with an indefinite contract (except discontinuous permanent ones), the monthly bases will be mandatory.
• Quote types:
  
  1. The rates applicable during the activity periods They will be the following:
  
  · For the quote for common contingencies,contribution rates will gradually rise between 2012 and 2031 until reaching 28.30%, with 23.60% borne by the employer and 4.70% borne by the worker. The second additional provision establishes a gradual application of the contribution bases and rates, as well as the applicable reductions.
  ·  For the contribution for contingencies of work accidents and occupational diseases, the contribution rates of the premium rate approved by the D.A. will be applied. 4th of the General State Budget Law for 2007, the resulting premiums being the exclusive responsibility of the employer.
  · There will also be contributions for the unemployment contingency as well as the Salary Guarantee Fund and Vocational Training.
  · During situations of temporary disability, risk during pregnancy and risk during breastfeeding, as well as maternity and paternity caused during periods of activity, the contribution will vary depending on the type of hiring of the workers.
  · The contribution of agricultural workers with a part-time employment contract will be carried out in proportion to the part of the day actually worked. This aspect will be subject to regulatory development.
  
  2. During the periods of inactivity, the contribution will be monthly and will be borne exclusively by the worker. The applicable contribution rate will be 11.50 percent.
   
• The protective action: Workers included in the Special System for Agricultural Employed Workers will have the right to Social Security benefits under the terms and conditions established in the General Social Security Regime, with some peculiarities:
  
  1. To the recognition of the corresponding benefits economic conditions, it will be necessary for workers to be up to date with the payment of contributions corresponding to periods of inactivity, for which they are responsible.
  
  2. During periods of inactivity, the protective action of the Special System It will include financial benefits for maternity, paternity, permanent disability and death and survival derived from common contingencies, as well as retirement. For access to early retirement and for the purposes of accrediting the requirement of the minimum period of effective contribution, it will be necessary that, in the last ten years of contributions, at least six correspond to periods of effective activity in this Special System.
  
  3. The quote to Social Security during the receipt of the contributory level unemployment benefit or the assistance level unemployment benefit will be paid by the managing entity directly to the General Treasury of Social Security
  During the receipt of the unemployment benefit, the base of contributions to the Social Security of those workers for whom there is a legal obligation to contribute will be that established, in general, in the corresponding General Budget Law of the State both in the cases of termination of the employment relationship and in those of its suspension and reduction of working hours, calculated based on the bases corresponding to the periods of activity.73.50% of the worker's contribution to Social Security will be borne by the managing entity, with the remaining 26.50% being borne by the worker and deducted from the amount of the benefit.
  During the receipt of the unemployment benefit, the Social Security contribution base will be the minimum contribution limit in force at any time in the General Regime.