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Most relevant news for labor purposes

1. Order ESS / 1250/2015 of 25th June, which regulates the transitional provision, by the General Treasury of the Social Security of the funds deposited in the special account of the Contingency Fund Security Professionals social.

Under Article 75 bis.1.a) of the revised text of the General Law on Social Security, the new Professional Contingency Fund of Social Security, the Security Partner shall consist of the metal deposited in the special account, by securities and other property, movable and immovable, in which those funds are invested and in general, for resources and increased yields that are originated in the surplus of the Social Security resources generated by the mutual. Income and expenses received on financial assets, and the special account will be charged to it, unless the Ministry of Employment and Social Security provides otherwise.

The General Treasury of the Social Security can realize the funds deposited in the special account in financial assets issued by public corporations, and sell them in the amounts, terms and other conditions determined by the Minister of Employment and Social Security.

Object
The General Treasury of the Social Security may provide a temporary basis of the amounts deposited in the special account from the Professional Contingencies Fund of Social Security , opened in the Bank of Spain on behalf of the agency, in order to serve the own purposes of the system.

Procedure
It will be determined, based on the forecast budget settlement of the managing bodies, as well as on the monetary Budget which is prepared by the General Treasury of the Social Security.

Observed the need to dispose of funds, the General Treasury will ask the Ministry of Social Security the authorization to proceed with it, by sending an economic and financial report where such a need is demonstrated.

With such demonstration, the Secretariat of State for Social Security will issue a reasoned resolution authorizing the General Treasury of the Social Security to proceed with the transitional provision of the balance deposited in the special account of the Contingency Fund. The General Treasury of the Social Security will process the corresponding administrative file of protests balances between accounts titled in its name in financial institutions.

Enforcement powers
The head of the Secretariat of State for Social Security will be empowered to issue all the necessary measures for the implementation of this order.

The Social Security system regulates the medical reports which facilitates the communication of disease to workers

The Social Security reinforces management processes for temporary disability (sick leave) in their first year of life. The new procedure saves bureaucratic formalities to workers, to companies and to public health services, and features, among other innovations, the medical release of reports associated with the estimated duration of each process.

Specifically, this new guide of medical reports is stated in the Ministerial Order, which develops the RD 625/2014, regulating certain aspects of the management and control of the processes from temporary disability during the first 365 days.

From its entry into force, the medical practitioners must detail on the sick leave, the estimated duration of the process. This forecast can be updated at any time, depending on the evolution of the workers’ health. To facilitate the task, the doctor can use as a reference the tables of optimal length from various diseases.

As a novelty, when the professional considers that it is a process of short length (less than 5 calendar days), he may issue the notice of discharge and off sick in the same medical report, which prevents second visits from the worker or his family to the health center.

In all other cases, in the report it will showed the date of the next medical checkup, that has to be made the seventh day of the off sick (for cases of ‘short’ and ‘medium’ length) and the fourteenth day (for ‘long’ length). If it is beyond 365 days, the control of the inability process will be in charge of the National Institute of Social Security (INSS).

2017-09-18T13:30:00+00:00 15/07/2015|Latest news|