Unemployment benefits. Agricultural income for workers in Andalusia and Extremadura. Unemployment protection OCTOBER GOBIERNO DE ESPAÑA

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1 Unemployment benefits Agricultural income for workers in Andalusia and Extremadura Unemployment protection OCTOBER GOBIERNO DE ESPAÑA MINISTERIO DE EMPLEO Y SEGURIDAD SOCIAL SERVICIO PÚBLICO DE EMPLEO ESTATAL

2 Catalogue of publications of the General State Administration Published by the Spanish Public Employment Service Condesa de Venadito, Madrid NIPO WEB: This information is for guidance purposes only

3 CONTENTS Agricultural income for temporary workers included in the Social Security Special System for Agricultural Employees resident in the Autonomous Regions of Andalusia and Extremadura Recipients 4 Requirements 4 Income calculation 6 Start of entitlement 8 Activity commitment 8 Amount 9 Duration 9 Processing 10 Accrual and payment 11 Suspension 12 Renewal 13 Cancellation 13 Recipients obligations 14 Incompatibilities and compatibilities 15 Offences and penalties 16

4 AGRICULTURAL INCOME FOR TEMPORARY WORKERS INCLUDED IN THE SOCIAL SECURITY SPECIAL SYSTEM FOR AGRICULTURAL EMPLOYEES RESIDENT IN THE AUTONOMOUS REGIONS OF ANDALUSIA AND EXTREMADURA RECipiENTS Workers included in the Social Security Special System for Agricultural Employees (SEASS), who are unemployed and cannot receive the agricultural allowance as they were not recipients of this allowance in any of the three years prior to the application date. Workers with a permanent intermittent contract included in the Social Security Special System for Agricultural Employees who work in the Autonomous Regions of Andalusia and Extremadura, when they no longer provide services as the intermittent or seasonal activity of the company has come to an end or been interrupted or when the activity is suspended for economic, technological or force majeure reasons, or when they involuntarily cease a temporary agricultural job as a result of such situations. The duration and amount varies depending on the age, family responsibilities and the actual working days on which Social Security contributions were made. REquiREmENTS Be unemployed and registered as a jobseeker, maintain this registration for the entire collection period in the Public Employment Services and certify availability to actively seek employment and to accept a suitable position, and sign the activity commitment. Have an address in the Autonomous Regions of Andalusia or Extremadura when the application is made, even if they move out of the region on occasion to do temporary agricultural work as employees. It is understood that workers have their home in the place where they are registered with the local town hall, as long as this is where they effectively live for most days of the year. In addition, they must provide proof that prior to the application and throughout their life, they have lived and been registered as a resident in the above mentioned locations for at least 10 years. Be registered, or in a situation equivalent to registered, in the SEASS as a worker employed by another person. If the unemployed person has not previously received the Agricultural Income, they will be required to be have been registered, or in a situation equivalent to registered, in the SEASS on a continuous basis for the 12 months prior to the application. In this case, if the unemployed person is over 45 years old, their registration 4 Agricultural income for workers in Andalusia and Extremadura

5 in the agricultural allowance in the 12-month period prior to the application must be as a worker employed by another person, and for the rest of the time required they may be registered as a worker employed by another person or as self-employed. At the time of the application, they will be required to have been registered, or in a situation equivalent to registered, in the SEASS throughout their working life, for the following contribution periods: From 45 to 51 years of age: 5 years From 52 to 59 years of age: 10 years 60 years of age or over: 20 years Not have reached the minimum age required for entitlement to a contributory retirement pension, unless the worker does not have the required contribution period. Be up to date on the payment of contributions for the periods of inactivity in which the worker is obliged to contribute during the 12 months prior to the application. Have worked at least 35 actual days covered in the Social Security Special Agricultural System in the 12 months prior to becoming unemployed. For these purposes, days worked on temporary agricultural tasks outside the protected geographical area are assimilated. Days worked abroad are also added, provided that the competent body in the Ministry of Employment and Social Security has approved the work contract and certified the days worked. The actual days worked by permanent intermittent agricultural workers that have not been used to obtain a previous entitlement to unemployment benefit, unemployment allowances or the agricultural income and have been covered in the 12 months immediately prior to becoming unemployed may be taken into account. Not have an annual income of any kind that exceeds the Minimum Wage, excluding the extra payments. When the applicant cohabits with other people in the same family unit, the no income requirement shall only be considered to be met when, in addition to not having personal income, the sum of the annual income of all the members of the family unit is below the following combined resources limit: Members of the family unit over 16 years old Income limit 2 members 2 times the MW 3 members 2.75 times the MW 4 members 3.50 times the MW 5 or more members 4.00 times the MW Agricultural income for workers in Andalusia and Extremadura 5

6 The following are understood to form the family unit: the applicant, cohabiting spouse and/or children or foster children under 26 years old or over this age with a disability, regardless of the income that each one may receive. Cohabitation will not be a requirement where there is an obligation to pay alimony by virtue of an agreement or legal decision. In order to meet this requirement, the following will not be considered as income: any income obtained by the applicant or by the family unit from temporary agricultural work as employees, as well as the Agricultural Income amounts obtained by the applicant or recipient or by the members of the family unit, or amounts received as recipients of the agricultural allowance, or income received by the agricultural worker when employed by another person for permanent intermittent work, below an amount equal to six time the Minimum Wage in force at any time. Not be entitled to a contributory unemployment benefit of the Social Security Special System for Agricultural Employees. Where the worker has not previously received the agricultural income, the entitlement must have been used up and at least 12 months must have passed from the entitlement start date. Not be in any situation that is incompatible with receiving the Agricultural Income. The requirements must be met on the date of the application for the Agricultural Income and continue to be met while entitled to it. income CalCulaTiON For the purposes of meeting the no-income requirement, any income obtained by the applicant and the members of their family unit in the 12 months prior to the application will be considered as income, regardless of the marital property system, source or nature of such income and, in general terms, will be considered in its gross amount, taking the following criteria into account: income from EmplOymENT This includes gross income from employment, grants or similar financial assistance, as well as the amount of compensation for the termination of the employment contract that exceeds the legal compensation amount. pensions and unemployment benefits These include the gross income from any kind of pension or benefit, including food allowances, welfare and similar wages. 6 Agricultural income for workers in Andalusia and Extremadura

7 income from CapiTal This includes the gross income from various bank accounts and financial investments. income from immovable property This includes the gross income from rented property and the attributed income from unrented property that is not the individual's current home, or of another kind. income from SElf-EmplOyEd agribusiness activities and OThER activities The net income (income minus expenses) from the different types of activities, as well as subsidies for agricultural activities, are considered to be income. OThER income The amount of surpluses or capital gains from the sale of moveable and immovable property; lottery winnings or similar prizes and the presumed income from the capital; investment funds or pension plans or any other form of capital investment (with the exception of the home that is the habitual residence of the worker and any assets whose income has already been included in the calculation), obtained by applying the current legal interest rate to the value of the asset, fund or plan, are included as income. The total amount of the above-mentioned types of income will be reduced, where applicable, by the amount of the payments to fund the Special Voluntary Agreement with the Social Security Administration paid directly by the worker. ThE following are NOT CONSidEREd TO be income Income from agricultural work as a temporary worker employed by another person. Social Security benefits for dependent children. Income from agricultural work as a permanent intermittent worker employed by another person, below an amount equal to six times the monthly Minimum Wage in force at any time. The amount of the agricultural allowance received by the applicant and by the members of their family unit. The amount of compensation received for termination of the employment contract that does not exceed the legal compensation. Agricultural income for workers in Andalusia and Extremadura 7

8 Wages for community work and work that is compatible with the allowance in Employment Promotion Programmes. Advance payment of the tax deduction for working women with children under the age of three. Unredeemed pension plans. STaRT Of ENTiTlEmENT Entitlement to the Agricultural Income starts on the day after the application is made. activity COmmiTmENT Workers must sign the Activity Commitment, by virtue of which they will undertake the various activities defined by the Autonomous Region's Public Employment Service in the personal labour market integration plan. In order to obtain and continue to receive the Agricultural Income, workers must fulfil the obligations contained in the Activity Commitment and the obligations specified in the personal labour market integration plan. Signing this commitment entails taking part in the following actions: a. Individual advice: The jobseeker will be assigned an employment adviser who will provide personalised assistance. b. Labour market integration route: from the time the Agricultural Income is granted and within a maximum of 15 days, the jobseeker's labour market integration route will be established or updated through: The professional interview, where their professional profile will be defined. The creation or updating of a personal labour market integration plan. The route will be updated periodically and at least every time the entitlement to the Income is granted. c. Management of job offers. d. Inclusion in employment or training plans: if the worker has not found a job within 45 days of being granted the Agricultural Income, the public employment services will give him or her priority over other groups in order to include the jobseeker in one of the following plans or programmes: 8 Agricultural income for workers in Andalusia and Extremadura

9 National vocational training and integration plan to provide the worker with the qualifications required by the production system and achieve labour market integration where the worker has no professional training or they are insufficiently qualified. Employment workshop, workshop school and trade school programmes to obtain professional training and work experience needed to facilitate labour market integration. Agricultural employment promotion programme and employment plans to hire unemployed people to carry out projects and services in the public interest, and to provide the unemployed person with suitable work experience. Information and advice on self-employment. amount The amount of the agricultural income is set according to the number of actual days worked that are certified to obtain entitlement to the income, and will be equal to the following percentage of the Public Indicator of Multiple Effect Income (IPREM) in force at any time. Number of actual days worked Percentage of the IPREM From 35 to 64 80% From 65 to 94 85% From 95 to % From 125 to % From 155 to % Over % The actual days on which contributions are paid that exceed the minimum of 35 must have been carried out as a temporary agricultural worker. duration The duration will be determined according to the following rules: For workers under the age of 25 with no family responsibilities, the duration of the income will be 3.43 days of entitlement for every actual day worked (when they exceed the minimum of 35 days these must have been carried out as a temporary agricultural worker), with a maximum duration of 180 days. Agricultural income for workers in Andalusia and Extremadura 9

10 For workers under the age of 25 who have family responsibilities, the duration of the income will be 180 days. For workers over 25 and under 52 years old, the duration will be 180 days, and for workers over the age of 52, the duration will be 300 days. In order to set the duration of the Agricultural Income, family responsibilities are understood to mean having a dependent spouse and/or children, or fostered minors, who live with the applicant, when the combined income of this family unit including the applicant, divided by the number of its members does not exceed 75% of the Minimum Wage, excluding the proportional part of two extra payments. The spouse, children or foster children with an income of any kind that is more than 75% of the Minimum Wage, excluding the proportional part of two extra payments, will not be considered dependent. processing Unemployed temporary workers who meet the set requirements may choose submit the application electronically through the website in their local benefits office, in the registers of the Public Employment Service or other Administrations, including offices with which an agreement is in place, or writing to the Public Employment Service by post, in the following manner: After becoming unemployed, if they have not been recipients of the Agricultural Income previously. If they have previously been recipients of the Agricultural Income, from the date the previous entitlement is used up or from the time they become unemployed, provided that at least 12 months have passed since the start date of the previous entitlement and submitting the following documentation: a. Official Agricultural Income application form which contains the declaration of income of the applicant and the cohabiting family members, bank details for payment of the agricultural income, a signed Activity Commitment and authorisation to collect information from other bodies concerning both the applicant and members of their family unit. b. Identity documents of the applicant and any cohabiting or dependent family members who appear in the application (these documents only need to be shown in order to verify the information): Spanish citizens: National Identity Document (DNI) or passport Foreigners resident in Spain: * EU citizens: European Union registration certificate showing the foreign resident ID number (NIE), together with the passport or identification document of their country of origin. 10 Agricultural income for workers in Andalusia and Extremadura

11 * Non-EU citizens:foreign Resident Identity Card (TIE) showing the foreign resident ID number (NIE), and passport. c. Family Register Book, or an equivalent document, in the case of foreign citizens. d. Legal ruling or statement formalising foster care. e. Decree and/or settlement agreement in the case of separation or divorce. f. Certificate/s of residency in a district of Andalusia or Extremadura, when the last registration period in the Municipal Register of Inhabitants is less than 10 years and the worker has not received the agricultural income previously. g. Unless the company has registered in the Certific@2 system, a Company Certificate certifying that the worker is unemployed and stating the last days worked. h. Certificate issued by the Sub-offices or Offices of Government to certify the dates worked as a temporary farm labourer abroad. i. Unless the company has registered in the Certific@2 system, a Company Certificate must be submitted certifying that the permanent intermittent agricultural activity has ceased or been interrupted, also stating the number of days. j. Where the SEPE so requires, income supporting documentation must be submitted. The Spanish Public Employment Service must make a decision within 15 days following the Income application date and provide notification within 10 days from the decision date. accrual and payment Accrual will take effect on the following dates: On the day after the first placement ends, after the application date. On the day after the worker takes part in the first labour market integration action, after the application date, as shown on the corresponding certificate from the Public Employment Service. In all other cases, where there is no placement or certification, on the day when three months have elapsed since the application date. Agricultural income for workers in Andalusia and Extremadura 11

12 The allowance shall be paid monthly in arrears by means of a deposit into the account of the collaborating financial institution stated by the applicant, of which the applicant is the account holder, except under exceptional circumstances where the Spanish Public Employment Service authorises payment in cash The maximum number of days of receiving the allowance every month will be equal to the difference between 30 and the number of days worked every month or days where temporary disability, maternity or paternity benefit was received. In the event that an undue payment is made to the worker owing to a placement which becomes known after the payment has been processed and in an amount that does not exceed 10 days' entitlement, the Managing Body will issue a decision requiring that this amount be refunded, offset or discounted from subsequent Agricultural Income payments should it not be refunded. SuSpENSiON Suspension of the entitlement means payments of the financial benefits to the worker are stopped, for the following reasons: When the entitlement holder carries out work as an employee for less than twelve months or twenty-four months in activities employed by another person or as a self-employed worker, respectively. During the time that the holder of the entitlement moves to areas where the system of protection does not apply, as long as the move does not involve a change of residence. In this situation, the worker must notify the Spanish Public Employment Service about this relocation as well as the end of this suspension. Relocating abroad for less than 12 months in which the recipient declares that the purpose is to seek or carry out work, professional training or international cooperation. Going abroad for a maximum accumulated period of 15 calendar days every year will not be considered relocating abroad. The Spanish Public Employment Service must be notified about the move abroad, as well as renewing the entitlement after returning, in the manner stated in the processing. Serving a prison sentence, unless the individual has family responsibilities and does not have any family income whose monthly amount exceeds the Minimum Wage, excluding the proportional part of the extra payments, in which case they will continue to receive the Agricultural Income, subject to application. Due to a penalty that involves the suspension of the unemployment benefit (please see page 16 "Offences and penalties"). In the case of suspension as a penalty, in addition to payments being stopped, the amount will be reduced for the set penalty period. 12 Agricultural income for workers in Andalusia and Extremadura

13 Switching to receive temporary disability or maternity/paternity benefits. When the entitlement holder exceeds the individual of family income limit for less than 12 months. RENEwal In all cases of suspension, except where this is the result of a penalty, the worker must request that the entitlement be renewed at their local Spanish Public Employment Service office when the reason which gave rise to the suspension has come to an end. Entitlement to the agricultural income will be renewed the day after the cause for suspension has come to an end, provided that this is requested within a deadline of 15 working days following the end of this cause. In the cases of suspension as a penalty, the Spanish Public Employment Service will proceed to renew the suspended income, provided that the entitlement period has not expired and the worker is registered as a jobseeker. The application to renew the entitlement to the agricultural income as a result of the end of work subject to other Social Security schemes or systems, that last more than three but fewer than twelve months, will take place in conjunction with the inclusion of the worker in the Social Security Special System for Agricultural Employees, at the request of the Spanish Public Employment Service. In the case of suspension due to moving outside the protected scope that does not entail a change of address, the entitlement will be renewed from the time when the entitlement holder appears at the office and requests the renewal without having to certify the cause of suspension. CaNCEllaTiON The entitlement may be cancelled for the following reasons: Using up of the benefit granted. Carrying out work employed by another person for twelve months or more or self-employed work for twentyfour months or more. Changing the worker's place of residence to one outside the area to which the Agricultural Income applies. Loss of status as a temporary worker included in the Social Security Special System for Agricultural Employees. Agricultural income for workers in Andalusia and Extremadura 13

14 Obtaining income incompatible with the Agricultural Income or exceeding the combined family income limit that is needed for entitlement to be granted, for more than one year. Reaching the minimum age required for entitlement to a contributory retirement pension, unless the worker does not have the required contribution period. Becoming a recipient of any Social Security benefit paid periodically that, in turn, is incompatible with work or, if not, exceeds the current Minimum Wage excluding the proportional part of extra payments, or becoming a recipient of any other unemployment benefit. Moving abroad for over 12 months or, if for a shorter period of time, where this move is not in order to seek or carry out work, professional training or international cooperation. Due to a penalty that involves the suspension of the unemployment benefit (please see page 16 "Offences and penalties"). Voluntary waiver of the Agricultural Income. RECipiENTS' ObligaTiONS To sign the Activity Commitment. Provide the Autonomous Public Employment Services (SPEs) and the Spanish Public Employment Service (SEPE) with an address and, where applicable notify them about any change to the address provided for notification purposes as soon as this occurs. If you are unsure you will receive mail sent to the address, you should also provide the SPEs and SEPE with an address. Provide the documentation and information for the purposes of granting, cancelling or renewing the Agricultural Income. Report any income obtained that may be incompatible with receiving the Agricultural Income to the Public Employment Service Office. Renew the employment claim on the date and in the form defined in the renewal document. Appear before the SEPE, the Public Employment Service Office, the non-profit Jobs Agency or associated body of the Integrated Employment Services when required to do so. 14 Agricultural income for workers in Andalusia and Extremadura

15 Take part in community work, employment programmes, or promotional, vocational training or retraining actions as determined by the Public Employment Service or the bodies associated with the Integrated Employment Services. Accept any suitable job offers made by the Public Employment Service Office or by the non-profit Jobs Agency. Within 5 days, returning the note to the Public Employment Service Office or, where applicable, to the nonprofit Jobs Agency, confirming your appearance at the place and time indicated to fill the job offers provided by them. Notify the SEPE about any changes to your situation that affect receiving the Agricultural Income as soon as such changes arise and, where applicable, ask to be de-registered from the income if such changes give rise to a situation that is incompatible with receiving it. Return to the Spanish Public Employment Service any amounts unduly received. incompatibilities and COmpaTibiliTiES The agricultural income is incompatible: With simultaneously working, either self-employed or for another person. When an employment promotion programme allows this, the Agricultural Income can voluntarily be made compatible with work for another person for those who are over 52 years of age and are recipients of this income, under the following terms: If the work is within the context of the Social Security Special System for Agricultural Employees, the Spanish Public Employment Service will pay the worker 50% of the Agricultural Income amount. If the work is within the context of a System or Scheme other than the Social Security Special System for Agricultural Employees, 50% of the Agricultural Income will be paid. If doing the work requires a change of residence (within Andalusia and Extremadura), it is possible to request that three months of the subsidy be paid in one single payment. The worker must provide the specific contract or a letter from the employer that permits compatibility to be applied. Having an annual income of any kind that exceeds the current Minimum Wage, excluding the extra payments. Agricultural income for workers in Andalusia and Extremadura 15

16 Collecting unemployment benefits or subsidies or the Active Insertion Income. Collecting Social Security pensions or financial benefits that are incompatible with working or that, without being incompatible, whose annual amount exceeds the current Minimum Wage, excluding the extra payments. With the worker or his or her spouse being the owner, renter, sharecropper or titleholder in some similar manner of an agricultural or livestock breeding establishment with an annual income that exceeds the current Minimum Wage, excluding the extra payments. OffENCES and penalties Offences are actions or omissions that breach the provisions that regulate unemployment protection, and are penalised based on their classification, without prejudice to any other liability that may be incurred. minor OffENCES Failure to appear before the SEPE, the Public Employment Service Office, the non-profit Jobs Agency or Associated Body of the Integrated Employment Services when required to do so. Failure to renew the employment claim in the form and deadline set in the claim renewal document, without just cause. Failure to return the note to the Public Employment Service or, where applicable, to the non-profit Jobs Agency, within five days confirming your appearance at the place and time indicated to fill the job offers provided by them, without just cause. No longer fulfilling the obligations taken on by signing the activity commitment. CORRESpONdiNg penalties Loss of one month's Agricultural Income. For repeat offences, the second offence will be penalised with the loss of the Agricultural Income for three months, and the third offence with the loss of the entitlement for six months. A fourth offence will lead to a complete cancellation of the entitlement. 16 Agricultural income for workers in Andalusia and Extremadura

17 SERiOuS OffENCES Rejecting a suitable job offer or refusing to participate in community work, employment programmes or promotion, training and retraining actions offered or decided on by the Public Employment Service, the nonprofit Jobs Agencies or the Associated Bodies of the Integrated Employment Services, without just cause. Failure to report, without just cause, the termination of the Agricultural Income when situations of entitlement suspension or cancellation arise, or when the requirements for being entitled to collect the Income are no longer met, when the Agricultural Income has been unduly collected for any of these reasons. CORRESpONdiNg penalties: The offences mentioned in the first bullet point of the previous point will be penalised with the loss of the Agricultural Income for three months. Repeating any of these offences will be penalised with the loss of the Agricultural Income for six months, and committing a third offence will lead to complete cancellation of the entitlement. The offence considered in the second bullet point of the point above will be directly penalised with the complete cancellation of the entitlement. In all cases where the allowance is cancelled, any amounts unduly collected must be returned. very SERiOuS OffENCES Receiving the Agricultural Income and combining this with self-employed work or work for another person. Fraudulently obtaining undue benefits or higher benefits than appropriate. Colluding with the employer in order to unduly obtain the Agricultural Income. CORRESpONdiNg penalties: Cancellation of the Agricultural Income. Return of any amounts unduly received. In addition, the worker may be excluded from the entitlement to receive any financial unemployment benefit and, where applicable, employment promotion assistance for one year. Agricultural income for workers in Andalusia and Extremadura 17

18 For further information: State Public Employment Service (Provincial telephone numbers also available) Trabajamos para ti