Integration of domestic staff General Scheme of the Social Security
WORKERS / IS HOME - THE INTEGRATION OF GENERAL SOCIAL SECURITY SYSTEM
(Stuff 39 PROVISION OF LAW 27/2011 into force on 1-1-2012)
- INTEGRATION OF WORKERS / IS HOME TO THE GENERAL SOCIAL SECURITY SYSTEM
Additional Provision 39 of Law 27/2011 of 1 August, comes with effect from 1-1-2012, the integration of the Special Scheme for Domestic Workers in the General Scheme of the Social Security, through the establishment of a special system for these workers / as.
This integration will occur gradually from January 2012 to 2018, particularly in terms of price and immediate - during the first six months of 2012 - compared to communications to be carried out or employer and the owner of the home Worker / a.
- Registration and Membership
In this matter we can distinguish between those who come from the special scheme of the home and who incorporated directly into the Special System (within the General System) from 1-1-2012.
a). Employees from the Special Scheme for Domestic Workers:
May only be included in the Special System General System of whom it is correctly fitted in the Special Regime. And the way to do it is communication, regardless of whether they are workers who provide their services in part for several employers, as if providing services exclusively to a single family home owner.
From 01.01.2012 until 30-6-2012 employers with their employees must inform the TGSS data necessary for the opening of a new Contribution Account Code (CCC) in this Special System and the data to process the high of these workers, including monthly remuneration paid, regardless of the number of hours that work for them. High unsolicited take effect during this transitional period for the implementation of this Special System from the first day of the month following that in which the application is made.
One of the main changes is that the owner of the family home will always be responsible for the payment of contributions even when the worker provides services with partial or discontinuous. In these cases, the inclusion in the Special System will be made as employed workers affiliated contribution accounts whose ownership belongs to everyone for employers who provide their services. Therefore, every employer must have a CCC in the Special System for Domestic Workers.
While not perform communication continue to apply the legal regime envisaged in the special scheme / s Household, with the limit of 30-6-2012 and elapsed without having made the aforementioned comunciació:
- If serving with partial or intermittent for several employers, will be excluded from the Special System, proceeding to study the TGSS its low in the corresponding Scheme with effect from 1-7-2012.
- If you are working exclusively and permanently by a single employer, its contribution to the Special System will be made from 1-7-2012, the contribution base established in the upper section established for these Special System at all times and therefore the TGSS automatically create a CCC in the Special System and ascribe the same workers that appear high in the Special Scheme for Domestic Workers.
b). Special workers joining the system, not from the special scheme / s Household:
The inclusion of workers in the General Scheme will be implemented by the application for registration in the Special System prior to the start of activity. The deadline for communicating on the same floor is 6 days.
- Contributions and Collections
a). Contribution basis:
Leave the unique contribution priced supposed to pay a fixed monthly amount. The contributions in this Special System will function section that corresponds according to the remuneration received:
1st. Section: monthly remuneration to 74.83 euros a month - Base Contribution: 90.20 euros per month.
2nd. Section: monthly remuneration from 74.84 per month to 122.93 euros per month - Base Contribution: 90.20 euros per month.
3rd. Section: Retribution fee from 122.94 euros to 171.02 euros a month to month - Base Contribution: 146.98 euros per month.
4th. Section: Retribution fee from 171.03 euros to 219.11 euros a month to month - Base Contribution: 195.07 euros per month.
5. Section: Retribution fee from 219.12 euros to 267.20 euros a month to month - Base Contribution: 243.16 euros per month.
6th. Section: Retribution fee from 267.21 euros to 315.30 euros a month to month - Base Contribution: 291.26 euros per month.
7th. Section: Retribution fee from 315.31 euros to 363.40 euros a month to month - Base Contribution: 339.36 euros per month.
8th. Section: Retribution fee from 363.41 euros to 411.50 euros a month to month - Base Contribution: 387.46 euros per month.
9th. Section: Retribution fee from 411.51 euros to 459.60 euros a month to month - Base Contribution: 435.56 euros per month.
10th. Section: Retribution fee from 459.61 euros to 507.70 euros a month to month - Base Contribution: 483.66 euros per month.
11è.Tram: Retribution fee from 507.71 euros to 555.80 euros a month to month - Base Contribution: 531.76 euros per month.
12th. Section: Retribution fee from 555.81 euros to 603.90 euros a month to month - Base Contribution: 579.86 euros per month.
13th. Section: Retribution fee from 603.91 euros to 652.00 euros a month to month - Base Contribution: 627.96 euros per month.
14th. Section: Retribution fee from 652.01 euros to 700.10 euros a month to month - Base Contribution: 676.06 euros per month.
15th. Section: Retribution fee from 700.11 euros a month - Base Contribution: 748.20 euros per month.
These guidelines will be updated in the same proportion to the increase in the minimum base annually to experience the General Regime.
The year 2013 set a new stage for 16th salary above the minimum base General Scheme, in which the contribution base will be the 15th tranche increased by 5%; from 2013 to 2018 the contribution base will be updated in the same proportion to the increase of the minimum base price to experience the General Regime (except the 16th stage, which will increase by 5% annually). And from 2019 the contribution base for common contingencies and professionals will be constituted by the total employee remuneration as determined in Article 109 of the General Law of Social Security.
b). Kind Contribution
The contribution rate for common contingencies will gradually approach established in the General Scheme.
In 2012, the contribution rate is 22%, being in charge of a 18.30% employer and the worker a 3.70%.
In 2013, the contribution rate will be 22.90%, distributing between employer and employee in% determined by the law of the State Budget.
In 2014, the contribution rate will be 23.80%, distributing between employer and employee in% determined by the law of the State Budget.
By 2015, the contribution rate will be 24.70%, distributing between employer and employee in% determined by the law of the State Budget.
In 2016, the contribution rate will be 25.60%, distributing between employer and employee in% determined by the law of the State Budget.
In 2017, the contribution rate will be 26.50%, distributing between employer and employee in% determined by the law of the State Budget.
In 2018, the contribution rate will be 27.40%, distributing between employer and employee in% determined by the law of the State Budget.
In 2019, the contribution rate will be 28.30%, being in charge of a 23.60% employer and the worker a 4.70%.
For the price contingencies applied for the type envisaged in the premium rate set by the 4th Additional Provision of Law 42/2006 (Currently 1.10%) being quota resulting exclusively by the employer.
Responsible for the payment of employer contributions will be provided through direct debit, even if the worker provides services on an intermittent or part of one or more employers, without having formalized contribution towards newsletter .
- Reductions in Stock
During the years 2012, 2013 and 2014 will apply a 20% reduction in contributions related to hiring people who provide services to the family home and be included in the Special System, provided they have the obligation to contribute beginning from the 1-1-2012. This reduction will be expanded with a bonus up to 45% in families, in terms of reductions and bonuses that come applying this special regime.
- Protective Action
From 1-1-2012 benefits caused by domestic staff will be paid on the same terms and conditions as established by the General Regime, some peculiarities:
a). Temporary Disability for common contingencies
It is charged from the 4th day of low work, corresponding to the payment from the employer to the 8th, both included. From the 9th day low is paid by the INSS not proceeding payment delegate.
b). Benefits derived from part-time contracts
To be entitled to benefits for retirement, permanent disability, death and survival, temporary disability, maternity and paternity leave will be counted only contributions made based on hours worked, with their equivalence in theoretical days of contributions.
c). No integration found in the regulatory base
In the 2012-2018 period for the calculation of the regulatory base pension for permanent disability retirement contingencies common in respect of the periods listed in the Special System, only take into account the contributions actually not applying integration discovered.
Workers included in the Special System will not have access to unemployment protection.
- EXTENSION OF PROTECTIVE ACTION FOR CONTINGENCIES PROFESSIONAL WORKERS / IS INCLUDED IN THE SPECIAL REGIME OF THE HOME.
In accordance with the provisions of Additional Provision 53 of the LGSS in the Special Regime of the Social Security Workers / Household is considered protected contingencies accidents and professional disease under the same terms and conditions as set to cover contingencies in the General Scheme.
In particular, the concept of Occupational Accidents and Professional disease should be considered in the same sense as established by the General Regime Articles 115 and 116 of the LGSS; the scope of the protective action derived from accident and illness includes professional healthcare professional recovery, subsidy for temporary disability, permanent disability benefits, death and survival benefits and lump sum compensation for permanent injuries not crippling derivatives accident at work or professional disease, although it is noteworthy that the surcharge does not apply to financial benefits for lack of risk prevention measures referred to in Article 123 of the LGSS.
It will be necessary prerequisite for access to economic benefits for their recognition and credit that have fulfilled the obligations of membership and high this special system, preventing the access if it is forced himself Worker / a, while it has complied with these obligations but the worker / a is not aware of repayments, will be apliació mechanism invitation to pay within 30 days to get abreast. However, when the owner of the family home is in breach of these obligations are recognized corresponding benefits, regardless of accountability to the owner of the family home compared to the price paid and the sanctions it thereof.
The management and control will be carried out by the managing entity or the Mutual has been formalized cover such contingencies; the owners of the family home that had employees 1-1-2012 / ades home high or employees themselves / ades home discontinuous nature that were high at that time, the Company must choose Manager or Mutual wishing to formalize the coverage of contingencies, within 30 days following 1-1-2012 and no such choice be made within the period indicated, the coverage corresponds to the INSS , becoming serious automatically by the TGSS.