Prior to retirement aid workers affected by restructuring processes

Royal Decree 3/2014 of 10 January, laying down special rules for granting aid before the regular retirement system of Social Security workers affected by restructuring companies.

Requirements
Having a complete age, real or theoretical application of the reduction coefficients of age, which is less than four years, at most, to set the retirement age at any time by LGSS.

Having covered the contribution period required for entitlement to retirement pension contributors in the Social Security system frame to reach the legal age for access.

Proving a minimum the company or group of companies at least two years at the time of the request for recognition. In the case of workers with part-time contract or permanent intermittent seniority shall be computed from the date to the date of payment to the company until the date of dismissal.

In the case of workers affected by collective redundancies, not more than four years may elapse between the date of communication of the agreement reached in the consultation period to the competent labor authority, and date of access to workers previous support system.

Be registered at employment offices as job seekers at the time of the granting of the aid, except as provided in Article 8.2, the elapsed contributory unemployment benefit, if they had the right to same not having been subjected to punishment during the collection period, as a result of breaches referred to in the text of the Act offenses and sanctions in the social order, approved by Royal Legislative Decree 5/2000 , August 4, involving the loss of the right to unemployment benefits. If the sanction involves the temporary suspension of payment of the same, the beginning of the perception of the aid will be delayed by the same period of time that has been suspended unemployment benefits.

Not be subject to any incompatibility due to receive the help, nor any of the cases provided for in Article 13.2 of the General Law of Grants (very marginal cases).

Content and amount of aid
Aid prior to normal retirement in the Social Security system will consist of a financial assistance worker and receive monthly Social Security contributions during the period of perception.

The initial amount of aid that the beneficiary will receive 75 100 seven result of dividing the sum of the contribution base of industrial accidents and occupational diseases, excluding overtime, corresponding to the six months preceding the the termination date, but in no case may exceed the maximum pension system established by the Social Security for the year in which this takes place effectively. In the case of part-time contract workers with fixed or intermittent, the calculation consists of dividing fourteen contribution bases of the twelve months prior to the dismissal.

Aid can only be perceived with the participation of the public administration, up to a maximum of four years and, in any case, until the fulfillment of the statutory retirement age.

During the first year of perception, the amount of aid that will be the result of applying the provisions of the preceding paragraph. For the second and subsequent years will increase cumulatively according to the average rate of appreciation of contributory pensions from the Social Security Law of the State Budget for the year in which they start accrued support more appreciation rates established in the Budget Law of the State of the three previous years.

Location and worker contributions to Social Security
During the perception of aid worker beneficiary will be considered in a situation equivalent to registration in the General System of Social Security, with obligation to contribute. However, the beneficiaries of the aid before the regular retirement system of social security are excluded for purposes of the protective action of the Social Security system, plus all the benefits arising from contingencies of benefits arising from contingencies that are not common to the nature of pensions.

The assistance will also include the amount, as a contribution must be paid to the General Treasury of the Social Security for the period for receiving aid, calculated according to the following rules:
a) The initial base price is determined by taking the average of the last six levels of contribution for common contingencies prior to the date of dismissal, according to updated rates revaluation of contributory pensions from the Social Security time of dismissal until the date the employee access to the previous support system. In the case of part-time contract workers with fixed or intermittent, will take the average of the contribution bases for the twelve months prior to the dismissal.

b) There shall be no update gathered in the previous section in the case of aid workers from cases dealt with under the Law 21/1992 of July 16, of Industry. In this case, it is considered as the baseline period contribution of aid, the base monthly contribution corresponding to the last installment accrued.

c) The contribution base obtained according to the above paragraphs revalorarà cumulatively in the second year of perception, the percentage increase that is set for the revaluation of help, although in any case the contribution base resulting may exceed the maximum base current at any time for the group contribution in question.

The contribution rate will be established for common contingencies relating to the year of aid effectiveness, excluding the corresponding percentage for those benefits that are excluded. (Contingencies, common ...)

Procedure for recognition of workers potentially beneficiaries of aid

In the case of workers affected by collective redundancies, the company and the workers' legal representatives jointly, may submit to the competent authority on account of the territory, within fifteen days of the communication of the labor authority agreement reached in the consultation period, the request for aid before the regular retirement system of social security for workers subject to collective dismissal procedure that meets the requirements of this standard and also in respect of which it is expected to meet the other requirements set to be beneficiaries of aid.

In the case of dismissed workers under Article 52.c) of the Workers' Statute, the application will be submitted by the company and the legal representatives of the workers together for the first and only case of workers lack legal representation during the notice period provided in Article 53.1.c), or within fifteen days following the dismissal should not be granted the same.

The application in the field of General Administration of the State, may be submitted electronically to the e.

The request must include a report which will indicate the reasons for which they request aid, the number of workers and welfare recipients of their individual cost, attaching the following documents:
a) In the case of collective redundancies made in accordance with Article 51 of the Workers' Statute, communication to the labor authority the agreement reached in the consultation period, unless the dismissal had substantiated with the same labor authority to which support is requested. Also, the company must justify the fulfillment of the obligation referred to in Article 53.1.b) of the Workers' Statute, for laid-off workers to submitting the application.

b) In the cases provided for in Article 52.c) of the Workers' Statute, credited irrefutable that have met the requirements of Article 53.1.

c) List of workers who requested assistance, indicating the number of registrations Social Security, national identity, seniority in the company, group contribution to Social Security and planned dates of access to aid.

The competent authority will resolve the request with respect to those workers who, having been dismissed in accordance with Articles 51 and 52.c) of the Workers' Statute, fulfill the requirements established in Article 3.3 and provides they can get to meet the other requirements set out in Article 3.

The estimate for this budget request is necessary for recognition of the right to award the grant, though this recognition has been requested through the procedure as detailed below, at the time to comply with all requirements established by the beneficiary of the aid, and in any case conditional on the existence of budgetary provision in the year in which it is to proceed to the payment.

The deadline for a decision and the decision will be notified two months. Expiration of the said time limit without having notified the resolution will be deemed rejected the request by administrative silence

Procedure for granting aid
One. In case resolved favorably regulated request in the previous section, with respect to all or any of the dismissed workers, the company must submit the request for the granting of aid for those employees who meet the requirements of this standard application must be accompanied by the following documents:
a) A document that reflects the company's commitment to make its contribution to aid financing in the form and terms set out in the law, and anticipate that the aid workers had been recognized, if three months from the start date had not been effective for reasons attributable to it, that of being able to repay the amounts anticipated, upon proof of the same, on the day of their contribution .

b) A document certifying the conformity of individual workers eligible for help. The presentation of this document implies consent to organ instructor because, at the time obtained directly through electronic certificates, accreditation compliance by the beneficiary of your tax and Social Security and the remaining information on the General Treasury of the Social Security needed for calculating aid.

c) Affidavit of not being interested in the subject to the prohibitions contained in the General Law on Subsidies for which we have referred.

d) Certification from the National Institute of Social Security or the Social Marine Institute on bonuses age appropriate, if applicable.

e) Certification of Birth.

f) Communication casualties and incidents arising with respect to the collective purpose of the initial request, as well as workers who are in paid work as explained below, for which the resolution will be suspended concession while they remain in this situation.

Two. The request must be filed within six months prior to the date that occurs compliance with all the requirements to be eligible for aid. However, you can submit the request after the day on which the beneficiary meets the requirements to be eligible to receive aid, but in this case only accrue retroactive to three months from the date of filing of the application.

The competent authority shall decide on the request and determine if the case law of the beneficiaries to collect cash assistance, the amount and duration, conditional on the available budget for the year in which the payment of appropriate aid and compliance by the Company of its obligations contribution to the financing of aid in the form and terms set out in the regulation and depletion of contributory unemployment by the beneficiary.

The deadline for a decision and notify the award of the grant will be two months. Expiration of the said time limit without having notified the resolution will be deemed rejected the request of the award by administrative silence

Incompatibility of aid
One. May not receive aid before the normal retirement workers who are beneficiaries of a retirement pension or permanent total disability severe disability or are receiving any benefit or unemployment benefit. It is also incompatible with the granting of the aid provided for in Royal Decree 908/2013, of 22 November, laying down special rules for granting aid to workers affected by extraordinary restructuring companies, provided that they refer to the same restructuring process.

Two. The perception of the grant will support the activities as an employee part-time paid, provided the annual income does not exceed the minimum wage calculated annually.

Three. If paid work begins after the dismissal of the employee and prior to the award, shall notify the granting authority and the applicant. Its performance, when performing full time or remuneration exceeds the minimum wage calculated annually, will be incompatible with the receipt of aid, delaying, in this case, granting the same to accreditation termination or, where applicable, to the exhaustion of the contributory unemployment, resolving after this date without retroactive effect.

Termination and suspension of aid

Aid prior to normal retirement and extinguished the obligation to contribute:
One. When the deadline provided in the resolution of the concession.
Two. Death of the beneficiary.
Three. Beneficiary to acquire the status of pensioner retirement before the legal age to fulfill ordinary set, or the recognition of a permanent disability, total the usual profession, absolute or severe disability, subsequent to the granting of help.
4. The gainful activity started after the award, the employee must be notified to the body granting the company and the applicant. Its performance, when performing full time, or your payment is more than minimum wage calculated annually, will be incompatible with the receipt of aid being suspended it until the termination of accreditation or, necessary, until the exhaustion of unemployment benefits, taking their perception from that date without retroactive effect.

Providing business and guarantees

Companies have paid, at the request of the examining body, the General Treasury of the Social Security contribution in their care and can choose to make one payment or split into as many years as are annuities workers receive grants with a maximum of four. The first and the only payment must be made within a period of thirty calendar days after demanding payment made by the examining body unless it is established in a shorter period.

In case the company opts for division must submit payment within to make the first deposit, insufficient guarantees in law, according to the General Treasury of Social Security to meet the payment of outstanding obligations and extend the validity since workers have started to receive aid until at least one year after the expiration of the annuity guarantees.

The deadline for payment of the second and subsequent installments will be the thirty calendar days immediately preceding the commencement of the annuity in question.

Failure by the Company of the obligations provided for in the preceding paragraphs imply the denial of aid requested for all employees affected by this breach, as well as those expected date of access support system is back

Applications submitted before the entry into force of this Royal Decree
In cases where the granting of aid prior to normal retirement resulting from applications filed prior to the entry into force of this Royal Decree, the requirements are not required four years to meet the legal age ordinary retirement, seniority in the company and within the agreement from extinction collective consultation period. However, in these cases, workers must be at least sixty years of age at the time of access to aid and these will be the maximum of five years. Also, updating the expected contribution bases deemed referred to the maximum contribution base for the General System of Social Security.

In these cases, payment by the Ministry of Employment and Social Security or the competent body of the Autonomous Community, the General Treasury of the Social Security contribution in aid previous installments can be made by installments up to a maximum of five years. In those cases in which it has been issued a resolution fractionation of the payment, the payment of the public contribution in the year 2013, may be transferred in 2014 and so on.