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\nThe Government also expands Social Security access to information on workers and companies for greater control over contributions and other obligations.<\/h2>\n<\/blockquote>\n
The labor decree approved this Tuesday by the Council of Ministers is much more than "the ERTE decree." Although it regulates central elements such as the extension of ERTE and 'unemployment' aid for the self-employed until May 31, as well as the possibility of extending rental contracts, there is a lot of small print in the legal text.<\/p>\n
Among them, the Government enables the Labor Inspection to issue infringement reports based on automated actions, "that is, without direct intervention of an official acting in their issuance and without reduction of the legal guarantees of those administered."<\/p>\n
The royal decree-law explains in its introduction that the change will allow "the adaptation of the administrative sanctioning procedure in the social order to the possibilities that new technologies allow."<\/p>\n
The Minister of Labor, Yolanda D\u00edaz, already announced at the beginning of her mandate that she intended to move forward in this direction. \u00abWe will use 'Big Data' mechanisms to strengthen the control and sanctioning system. Let's put the algorithms at the service of the workers of this country for once," he said a little over a year ago.<\/p>\n
The Government modifies the LISOS (Law on Infractions and Sanctions in the Social Order) regarding the data that must be reflected in the violation reports of the Labor Inspection. Until now, these had to reflect "the facts verified by the acting Labor and Social Security Inspector or Sub-Inspector of Employment and Social Security." From now on, the action of these civil servants will not always be necessary, they indicate in Labor. It is added in the LISOS that it may also be reflected, "in the case of minutes drawn up within the framework of automated administrative actions, the facts constituting the infraction committed."<\/p>\n
Sources from the Ministry of Labor explain that this legal change responds to those "infractions that simply require the processing of large information bases to cross-check data." The massive crossing of data is already used by the Labor Inspection, but the current novelty is that the facts that would motivate these infringement reports would be collected exclusively in an automated way, "without direct intervention of an official," they indicate. at work.<\/p>\n
More surveillance in the quote<\/h3>\n
The Government also gives the green light to several measures that are based on greater access and flow of information about workers and companies at the service of the Administration. The decree modifies the General Social Security Law in several points, with special focus on guaranteeing greater control over contributions.<\/p>\n
In fact, the legal text justifies the changes by "the need to implement controls on contribution exemptions applied in quota settlements starting last March 2020." That is, the contribution aid that companies and the self-employed are benefiting from thanks to the ERTE and benefits for cessation of activity.<\/p>\n
On the one hand, the decree modifies article 40 of the Social Security Law to extend the "duty of information" to the General Treasury of Social Security. Until now, the information transparency obligations of "persons or entities depositing money in cash or on account, securities or other assets of debtors to Social Security in a situation of distress" were regulated.<\/p>\n
The new text details this group as "especially" affected, but extends this obligation to inform to "natural or legal persons, public or private, as well as entities without personality", which must provide "those data, reports, background information and supporting documents". "with an impact on the powers of the Social Security Administration, especially in the field of liquidation, control of contributions and collection of Social Security resources and other concepts of joint collection."<\/p>\n
The transfer of this data to Social Security is also modified to control compliance with the regulations in this regard, which from now on includes the work of Security with external intermediary platforms. "The Social Security Administration may collect, through its corporate networks or by consulting data intermediation platforms or other systems enabled for this purpose, the data or information necessary for the processing of the procedures that fall under its jurisdiction." , collects the text.<\/p>\n
The rule also includes as a novelty that the data collected by Social Security may be used for "statistical" and "scientific research" purposes. "The treatments carried out in relation to this purpose will be limited to the data strictly essential for carrying out the activity in question, using appropriate procedures that do not allow the identification of the interested parties," the royal decree states.<\/p>\n
Access to medical records<\/h3>\n
The decree also modifies article 71 of the aforementioned law to expand access to information to the collaborating entities of Social Security, which manage benefits, as is the case of mutual insurance companies with the benefit of cessation of activity for the self-employed, among others. . Also to facilitate access and submission of data from workers' medical records in the procedures for declaration and review of permanent disability, as well as temporary disabilities, among others.<\/p>\n
The new wording establishes that "health institutions, mutual societies collaborating with Social Security and collaborating companies will send to the managing entities of Social Security the reports, clinical history and other medical data, related to the injuries and ailments suffered by the interested party that are relevant to the resolution of the procedure.<\/p>\n
Medical inspectors "will have electronic and paper access to the medical history" of the workers whose cases they evaluate, for example, in controlling the collection of benefits, when until now the law established that they could "request" the medical data necessary to the exercise of their powers. Medical inspectors do not require workers' consent in these cases.<\/p>\n
In addition, a greater flow of information is articulated between the managing entities of Social Security and public health services. The decree establishes that "the Social Security managing entities, in the exercise of their powers of recognition and control of benefits, will receive the medical reports of temporary disability issued by the public health services, the mutual societies collaborating with the Social Security and the collaborating companies, for the purposes of the processing of the data contained therein.<\/p>\n
Likewise, the decree continues, "the managing entities and the entities collaborating with Social Security may provide each other, reciprocally, the data related to the beneficiaries that are necessary for the recognition and control of benefits for risk during pregnancy and risk during breastfeeding. natural".<\/p>\n
The introduction of the decree details that these changes have the objective "to guarantee the effective management of the protective action of the Social Security system, by regulating in a more adequate and updated manner the supply of information to the managing entities of the Social Security, which "which will result in less processing time in the recognition of benefits and will expand the possibility of automating part of the actions necessary for this." Furthermore, "for citizens, this improvement means relieving them of the burden of providing information whose provision becomes mandatory," he says.<\/p>\n
The decree also provides permanent certain facilities for remote procedures that Social Security has introduced due to the pandemic. For example, the authorization that was granted during the state of alarm to those authorized to act through the RED System is given "permanent character", through which the "registration in any of the regimes of the RED System" can be processed. Social Security\u201d without having to go to the offices of the Social Security Administration.<\/p>\n
Source: Europa Press<\/p>\n
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