The new Social Security Law, in addition to the General Regime, incorporates the Special Regimes for the Self-Employed, employed by others, agricultural workers and household employees.
The BOE published on October 31 the Royal Legislative Decree 8/2015, which approves the consolidated text of the General Social Security Lawl, which will enter into force on January 2.
Among the most significant novelties of the new revised text of the Social Security Law, the following stand out:
- It has a broader content than the previous one, since in addition to the General Regime, it also incorporates the legal regulation of the Special Regimes regulated by Law (except the Special Regime for Sea Workers -RETMAR- which has its specific regulations), such as the Special Scheme for Self-Employed or Self-Employed Workers (RETA), while also incorporating the regulation of the special systems for agricultural workers and household employees.
- Most of the additional provisions of the previous text, as well as other complementary provisions included in differentiated laws, are included in the articles, thus improving the system and legal certainty.
- Within the provisions of general application in the System (Title I), a specific Chapter (VIII) is incorporated to regulate the procedures and notifications regarding Social Security.
Regarding the regulation of the General Regime (Title II), the most significant novelties in the consolidated text of the Social Security Law are:
- In the Chapter related to retirement in its contributory modality, the modifications carried out by the Law 23/2013, of December 23, regulating the Sustainability Factor, and for him Royal Decree-Law 5/2013, of March 15, on measures to favor the continuity of the working life of older workers and promote active ageing.
- A chapter dedicated to the particularities applicable to part-time workers and workers hired for training and learning is incorporated.
- Likewise, another chapter is included detailing the specificities applicable to employees of the special agricultural systems and domestic employees.
Regarding the regulation of the RETA, the Social Security Law incorporates a new Title IV, since there are numerous additional and complementary provisions with legal status related to the self-employed, which generated a great regulatory dispersion. In the same way, and for similar reasons, a new Title is dedicated to the regulation of the benefit for cessation of activity.
Finally, a specific title, the VI, is created to jointly regulate all non-contributory benefits, unlike the previous text in which the contributory and non-contributory modalities were regulated within the same benefits to which reference was made. .
To resolve any questions about the new regulation established in the new Social Security Law, or any other labor or tax matter, do not hesitate to contact our experts through our Contact Form. We will contact you.