Unemployment benefits. Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura. Unemployment protection

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1 Unemployment benefits Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura Unemployment protection JUANARY

2 Catalogue of publications of the National Civil Service Published by the Spanish Public Employment Service Condesa de Venadito, Madrid NIPO This information is for guidance purposes only

3 CONTENTS Unemployment protection for temporary workers under the Social Security Special System for Agricultural Employees (SEASS). Agricultural allowance Recipients 4 Requirements 4 Income calculation 6 Minimum contribution period 8 Duration 10 Family responsibilities 12 Start of entitlement 12 Suspension 12 Renewal 13 Cancellation 14 Processing 15 Recipients' obligations 16 Amount and payment 17 Incompatibilities 18 Granting of a new entitlement 19 Offences and penalties 19 Special agricultural allowance for temporary workers over 52 years old. Beneficiaries and requirements 21 Duration 23 Processing 23 Annual renewal 23 Payment, amount, reasons for suspension and cancellation, incompatibilities and recipients' obligations 23 Useful addresses

4 Unemployment protection for temporary workers under the Social Security Special System for Agricultural Employees Two types of unemployment allowance have been established as protection mechanisms: a. Agricultural allowance for temporary workers under the Social Security Special System for Agricultural Employees b. Special agricultural allowance for temporary workers over the age of 52 under the Social Security Special System for Agricultural Employees Agricultural allowance for temporary workers under the social security special system for agricultural employees Recipients Temporary agricultural workers included in the Social Security Special System for Agricultural Employees who are unemployed, are over 16 years old and resident in Andalusia or Extremadura, who have received this allowance at some time during the three calendar years immediately prior to the application date. Workers with a permanent intermittent contract included in the Social Security Special System for Agricultural Employees who perform this work in the Autonomous Regions of Andalusia and Extremadura, when they no longer provide services because 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 varies depending on age, family responsibilities and the actual working days on which social security contributions were made. Requirements The person must be unemployed and certify that they are available to actively seek employment and to accept a suitable position, and sign the activity commitment when making the application. Be registered, or in a situation equivalent to registered, in the SEASS as a worker employed by another person. 4 Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura

5 Register as a job-seeker and stay registered throughout the period they receive the allowance. 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. Be resident in Andalusia or Extremadura. Be 16 years of age or older and under the minimum age for a contributory retirement pension, unless the worker does not have the required period of contributions to collect one. Have received the allowance at some time during the three calendar years immediately prior to the application date. Have used up the previous allowance due to at least one year passing from the previous entitlement's start date. Have made contributions on the minimum number of working days required under the Social Security Special System for Agricultural Employees (please see page 8 "Minimum contribution period"). The applicant or his or her spouse must not be the owner, renter, sharecropper or titleholder in some similar manner of an agricultural or livestock breeding establishment with an income that exceeds the current Minimum Wage, excluding the extra payments. Not be in a situation that is incompatible with collecting the allowance. Not have individual income of any kind that, on an annual basis, exceeds the current Minimum Wage excluding the extra payments, both when the application is made and when receiving the allowance. When the applicant cohabits with other people over 16 years of age 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: Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura 5

6 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 The Minimum Wage (MW) including the extra payments will be taken into consideration in calculating the income limit. For this calculation, those who make up the family group are understood to be the applicant, his or her spouse, and any descendants, parents or relatives by blood or marriage up to the second degree inclusive, or, where applicable, by adoption, who live with the applicant. If the applicant also has cohabiting children of under 16 years old, the limit will rise as follows: Members of the family unit over 16 years old Children under 16 years old or more x MW 2.20 x MW 2.30 x MW x MWI 2.95 x MW 3.05 x MWI x MWI 3.70 x MWI 3.80 x MW 5 or more 4.10 x MW 4.20 x MW 4.30 x MWI MW = Minimum Wage. 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: 6 Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura

7 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. 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. Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura 7

8 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. 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. Minimum contribution period In order to qualify for this allowance, the requirement to have the minimum contribution period will be considered to be fulfilled: With at least 35 days worked covered in the SEASS in the 12 months prior to becoming unemployed. For these purposes, days worked in temporary agricultural labour abroad can be taken into account in this calculation provided that the competent Body of the Ministry of Employment and Social Security has approved the work contract and certifies the days worked. The actual days worked in Andalusia and Extremadura 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. In the case of unemployed people over the age of 35, or under 35 with family responsibilities, in order to complete the minimum number of 35 days worked, they can include the contributions made to the General Social Security Scheme by virtue of the work carried out in projects associated with the Agricultural Employment Promotion Programme or other similar programmes in the 12 months immediately prior to becoming unemployed, provided that they have made at least 20 actual days' contributions to the Social Security Special System for Agricultural Employees if they have received the allowance in the year immediately prior to the application date; or provided that they have made at least 30 actual days' contributions to the Social Security Special System for Agricultural Employees if they have not received the allowance in the year immediately prior to the application date. 8 Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura

9 For workers who were Community Employment beneficiaries in 1983 and recipients of the allowance in the year immediately prior to the application date, the minimum number of actual days worked under the Social Security Special System for Agricultural Employees will be 20. To certify these days worked, contributions made to the General Social Security Scheme in the 12 months immediately prior to becoming unemployed for work done on jobs under the Agricultural Employment Promotion Programme can be counted, under the following conditions: All contributions to the General Social Security Scheme can be counted to make up the minimum of 20 days. For the purposes of certifying a higher number of days, of those contributed to the General Scheme, a maximum number of days equal to the actual days worked under the Social Security Special System for Agricultural Employees may be added. The calculation of contributions for the twelve calendar months immediately prior to becoming unemployed will be retroactive for the period of time equivalent to the time during which the worker was in a situation of Temporary Disability or Maternity, provided that the corresponding days worked did not count towards a previous entitlement. Contributions to the General Social Security Scheme that were used for the granting of the agricultural allowance cannot under any circumstances be used for calculating entitlement to general unemployment benefits. Contributions to the General Social Security Scheme that were used for the granting of general unemployment benefits cannot be used for calculating entitlement to this allowance. With 20 days worked FROM 29 TO 51 YEARS OLD With more than 20 and fewer than 35 days worked For every day in excess of 20, the 100-day duration will be increased by: With 35 or more days worked extra allowance days for every day worked. Minimum duration: 105 days. Maximum duration: 175 days. 180 Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura 9

10 With 20 days worked 100 FROM 52 TO 59 YEARS OLD With more than 20 and fewer than 35 days worked For every day in excess of 20, the 100-day duration will be increased by: extra allowance days for every day worked. Minimum duration: 113 days. Maximum duration: 287 days. With 35 or more days worked 300 With 20 days worked 100 OVER 52 YEARS OLD WITH THE CONTRIBUTION PERIOD REQUIRED FOR RETIREMENT UNDER SEASS, OR OVER 60 YEARS OLD WITHOUT THIS STATUS With more than 20 and fewer than 35 days worked For every day in excess of 20, the 100-day duration will be increased by: extra allowance days for every day worked. Minimum duration: 117 days. Maximum duration: 343 days. With 35 or more days worked 360 Fractions of 0.50 or more will be calculated as one more day of entitlement. Duration This will vary depending on the applicant's age, any family responsibilities they may have and the number of actual days worked and contributed in the 12 months prior to becoming unemployed. Workers with 35 or more actual days worked in the Social Security Special System for Agricultural Employees a. For workers under the age of 25 with no family responsibilities: The duration will be 3.43 allowance days for every day worked, with any fraction equal to 0.50 or over being counted as an additional allowance day up to a maximum of 180 days. b. Workers under the age of 25 with family responsibilities: The duration of the allowance is 180 days. 10 Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura

11 c. Workers over the age of 25 and under 52 years old with or without family responsibilities: The duration of the allowance is 180 days. d. Workers over the age of 52 and under 60 years old with or without family responsibilities: The duration of the allowance is 300 days. e. Workers over the age of 52 who, meeting the contribution period required to qualify for the contributory retirement pension as an employee in the Social Security Special System for Agricultural Workers, cannot access the special agricultural allowance for workers over this age as they do not meet the requirement of having contributed to the SEASS as temporary employees and having received the allowance continuously for the last five years: The duration of the allowance is 360 days. f. Workers over the age of 60 with or without family responsibilities: The duration of the allowance is 360 days. Workers who access the agricultural allowance with fewer than 35 actual days worked in the Special Agricultural System: In these cases, the duration of the allowance depends on the age and the contribution periods to the Social Security Special Agricultural System and in the General Scheme, with the limit set in this regard (please see page 8 "Minimum contribution period"). Over 35 years old or younger with family responsibilities: AGE (years) DURATION (days) 16 to to (1) Over 52 years old with the contribution period required to retire under the Social Security Special System for Agricultural Employees or over 60 years old 360 (1) The duration of this group will be 360 days if they certify meeting the contribution period required to retire as a worker employed by another person in the Social Security Special Agricultural System and they do not qualify for the special agricultural allowance for people over 52 years old as they cannot certify having contributed to the Special Agricultural System and/or having received the agricultural allowance continuously for the last 5 years. Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura 11

12 Workers who were Community Employment beneficiaries in 1983 and received the allowance in the year immediately prior to the application. The duration of the allowance will vary depending on the age and the Social Security contribution periods in the Social Security Special System for Agricultural Employees and the General Scheme at the time of work carried out under the Agricultural Employment Promotion Programme, with the limit set in this regard. Family responsibilities In order to set the duration of the allowance, family responsibilities are understood to mean having at least a dependent spouse or dependent family member by blood or marriage to the second degree inclusive or, where applicable, by adoption, provided that they are cohabiting with the worker. Cohabitation will not be a requirement where there is an obligation to pay alimony by virtue of an agreement or legal decision. In the case of a spouse or children, they are assumed to be cohabiting, unless there is proof otherwise, when they are granted the status of beneficiaries of Social Security healthcare. Any person who has income of any kind that is 75% of the Minimum Wage or above annually, excluding the extra payments, without considering the income earned from agricultural work as temporary workers employed by another person, cannot under any circumstances be considered to be a dependent of the worker for the purposes of establishing family responsibilities. When the family responsibilities have been taken into account to determine the duration of the allowance of the member of the family unit, then this situation cannot be claimed by another member of the family unit for such purposes while the former continues to receive the allowance. Start of entitlement The entitlement to the allowance starts from the day after the date on which the application is made. The entitlement to the allowance will also start from the day after the date on which the application is made if, despite the application being rejected due to not having paid in the set amount to the Social Security Special Agriculture System in the 12 calendar months immediately prior to the application or, where applicable, for the shorter period in which the person was registered, it is certified in the previous written claim that this shortfall has been covered. Suspension Suspension of the entitlement means payments of the financial benefits to the worker are stopped, for the following reasons: 12 Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura

13 While the person with the entitlement carries out work for more than three months and less than twelve months in self-employed activities or as an employee subject to Schemes or Systems other than the agricultural system. While the person with the entitlement carries out work for an unlimited amount of time lasting more than twelve months in self-employed activities or as an employee subject to the Social Security Special System for Agricultural Employees. 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 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. Undergoing 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 two extra payments, in which case they will continue to receive the allowance. Switching to receive temporary disability or maternity/paternity benefits. Due to a penalty that involves the suspension of the unemployment benefit (please see page 19 "Offences and penalties"). In the case of suspension as a penalty, in addition to allowance payments being stopped, the amount will be reduced for the set period. 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. Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura 13

14 Entitlement to the allowance 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 allowance, 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 allowance 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 Agricultural System, 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 to the agricultural allowance may be cancelled for any of the following reasons: Expiry of the duration of the allowance. One year after the start date. This period can be extended for a maximum amount of time equal to the time that the worker would have been on temporary disability or maternity, when this proves necessary so that the worker can collect the whole of the entitlement that was granted, after the reason for the suspension has gone and entitlement is restarted. Carrying out work as an employee for 12 or more months, except in the case of limited-time activities, selfemployed activities or activities as an employee that last over twelve months subject to the Social Security Special System for Agricultural Employees, in which case the entitlement is suspended. Changing the worker's place of residence to one outside the area to which the allowance applies. The loss of status of temporary worker included in the Special Agricultural System. Earning income incompatible with the allowance or exceeding the family income limit that is needed to qualify for the entitlement. 14 Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura

15 Having reached 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 periodic payment. 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 19 "Offences and penalties"). Voluntary renunciation of entitlement. Processing Unemployed temporary workers must register as jobseekers and may choose to apply for the allowance electronically through 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, within the deadline of fifteen working days from the date they become unemployed or, where applicable, from the date when one year has passed from the start date of the previous entitlement, submitting the following documentation: Official application form which contains the declaration of income of the applicant and the cohabiting family members, bank details for payment of the allowance, a signed Activity Commitment and authorisation to collect information from other bodies concerning both the applicant and members of their family unit. 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 ID card (DNI). Foreigners resident in Spain for identification purposes: Foreigner identity card (TIE) or Identity Document from their country of origin if they are a citizen of a country in the European Economic Area or Switzerland. All foreigners: the Foreigner Identity Number (NIE). Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura 15

16 Family Register Book, or an equivalent document, in the case of foreign citizens. Legal ruling or statement formalising foster care. Decree and/or settlement agreement in the case of separation or divorce. Unless the company has registered in the system, a Company Certificate certifying that the worker is unemployed and stating the last days worked. Certificate of the Government Office or sub-office to certify working days as a temporary farm labourer abroad. Unless the company has registered in the Certific@2 system, a Company Certificate certifying, where applicable, the days worked on projects associated with the Agricultural Employment Promotion Programme (AEPSA). 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, where this status applies. Where the Managing Body so requires, income supporting documentation must be submitted. The Spanish Public Employment Service must make a decision within 15 days following the allowance application date and provide notification within 10 days from the decision date. Allowance recipients' obligations Sign the Activity Commitment. Provide the documentation and information necessary for the granting, cancellation or renewal of the allowance and notify the Public Employment Services (SPE) and the Spanish Public Employment Service (SEPE) of your residence and, where applicable, 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. Report to the Public Employment Service Office any income earned that is incompatible with receiving the allowance, as described in the "Income calculation" section (Pg. 6). 16 Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura

17 Renew the employment claim on the date and in the form defined in the renewal document. Appear before the Managing Body, the Public Employment Service Office, the non-profit Jobs Agencies or associated bodies of the Integrated Employment Services when required to do so. 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 five days, return the note to the Public Employment Service or, where applicable, to the non-profit Jobs Agency, confirming your appearance at the place and time indicated to fill the job offers provided by them. Notify the Spanish Public Employment Service about any changes to your situation that affect receiving the allowance as soon as such changes arise and, where applicable, ask to be de-registered from the allowance if such changes give rise to a situation that is incompatible with receiving the allowance. Return to the Spanish Public Employment Service any allowance amounts unduly received. Amount and payment The daily allowance amount is 80% of the Public Indicator of Multiple Effect Income (IPREM) in force at any time. The maximum number of days of receiving the allowance every month will be equal to the difference between thirty and the number of days worked or days where temporary disability, maternity or paternity benefit was received. The Spanish Public Employment Service will calculate the days to pay, taking into account the information that the Social Security Treasury General has on the actual days worked during the month in temporary activities subject to the Social Security Special System for Agricultural Employees and in permanent activities subject to this System or to other Social Security systems or schemes. Similarly, the information provided by the worker on the remaining situations incompatible with receiving the allowance will be a deciding factor. Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura 17

18 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 State Public Employment Service authorises payment in cash In all cases, the right to collect monthly payments that are due expires one year after they are due. In order to receive the allowance, workers must continue to meet the requirements for entitlement. Incompatibility Collecting the allowance is incompatible with: With simultaneously working, either self-employed or for another person. When a job promotion programme so establishes, receiving the allowance may be compatible with carrying out work as an employee. At present, workers over the age of 52 may fall within this compatibility 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 allowance amount. If the work is within the context of a Scheme or System other than the Social Security Special System for Agricultural Employees, it will only pay 50% of the allowance. 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 submit the specific contract or a letter from the employer that permits compatibility to be applied. Any other financial unemployment benefit. With the worker receiving income of any kind that exceeds the Minimum Wage, excluding the proportional part of the extra payments, without taking into account income earned for agricultural work as temporary workers employed by another person. 18 Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura

19 With the family unit receiving income of any kind that exceeds the combined limit for granting entitlement, without taking into account income earned for agricultural work as temporary workers employed by another person. Any Social Security benefit that is paid periodically and is also incompatible with working or that, without being incompatible, exceeds the current Minimum Wage, excluding the proportional part of the extra payments. Granting of a new entitlement Once the allowance entitlement has expired, the worker may be granted it once more when they become unemployed and meet the necessary requirements in this regard or at least one year has passed since the start date of the previous entitlement. In order to determine the actual number of days to be taken into account for the entitlement start date, those days since the start date of the previous entitlement will be taken into account. When the allowance has expired as 12 months have passed since the allowance start date without the collection period granted being used up, the worker may choose between: Applying for the entitlement to be opened for any remaining period, or Applying for a new allowance, in accordance with the actual number of days that can be taken into account, as specified in the previous section. When they opt for the pervious allowance, the actual days worked prior to the option date cannot be counted in granting a subsequent entitlement. 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 Not appearing before the Managing Body, the Public Employment Service Office, the non-profit Jobs Agencies or Associated Bodies of the Integrated Employment Services when required to do so. Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura 19

20 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 the allowance for one month. For repeat offences, the second offence will be penalised with the loss of the allowance for three months, and the third offence with the loss of the allowance for six months. A fourth offence will lead to a complete cancellation of the allowance entitlement. 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 benefits when there is a suspension or cancellation of entitlement or when the requirements for receiving the benefit are no longer met, when the benefit 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 allowance for three months. Repeating any of these offences will be penalised with the loss of the allowance for six months and committing a third offence will lead to complete cancellation of the allowance entitlement. The offence considered in the second bullet point of the point above will be directly penalised with the complete cancellation of the allowance entitlement. 20 Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura

21 In all cases where the allowance is cancelled, any amounts unduly collected must be returned. Very serious offences Receiving the allowance 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 to unduly collect the unemployment allowance. Corresponding penalties Cancellation of the allowance. 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. Special agricultural allowance for workers over 52 years old Beneficiaries and requirements Workers above this age will be entitled to this allowance when, in addition to meeting the requirements laid down in general terms for Temporary Workers in the Social Security Special Agricultural System, with the exception of the requirement to certify a number of actual days (please see page 4 "Requirements"), they also meet the requirements stated below: Have contributed to the Social Security Special Agricultural System as a temporary worker employed by another person and have received the allowance continuously for the last five years, and certify that at the time of the application, they meet the contribution period required to be entitled to the contributory retirement pension. The requirement of continuous contributions to the Social Security Special System for Agricultural Employees will be considered to be met when the worker has been in one of the situations listed below in each one of the months during the past five calendar years immediately prior to the application: Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura 21

22 Actually making contributions to the Social Security Special System for Agricultural Employees. Holding a representative public post or a trade union function at provincial level or higher, as set out in labour legislation, provided that in the twelve calendar months preceding the first month in this situation, the individual was actually making contributions to the Social Security Special System for Agricultural Employees. Serving a sentence in prison, with the same requirement as in the previous point. Making contributions to another Social Security Scheme or System as a result of carrying out casual nonagricultural work, or making contributions as a self-employed agricultural worker; provided that the total duration of such situations within the five-year period in question does not exceed twenty-four months in the General Social Security Scheme or twelve months in all other cases. The requirement for uninterrupted collection of the allowance will be considered to have been met when the worker has been in one of the following situations in any one of the five calendar years immediately prior to the application: Receiving the allowance for some part of the year. Being in a situation of temporary disability, maternity, or holding a representative public office or a trade union function at provincial level or higher, as set out in labour legislation, provided that the length of time the situation has lasted during the year has been more than seven months and, in the calendar year prior to the first time such a situation occurred, the worker was a recipient of the agricultural allowance or beneficiary of community employment. Serving a sentence in prison, with the same requirements as in the previous point. Not having collected the allowance due to exceeding the family income limit, while meeting the other requirements that would have made it possible for it to be granted. Workers over the age of 52 who access the agricultural allowance as workers with a permanent intermittent contract are not entitled to this allowance. 22 Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura

23 Duration The duration of the allowance is 360 days. Once the entitlement to the relevant allowance is used up, the entitlement will be renewed every twelve months, from the start of the first entitlement, without having to certify actual days worked. Processing The processing of this special allowance will be carried out as described in the general "Processing the Allowance" section (please see page 15) and the documentation to submit is the same as stated therein with the exception of the certification of days worked as this is not required to qualify for the special allowance for workers over the age of 52. Annual renewal Once one year has passed from the initial granting of the entitlement or since the previous annual renewal, the worker must apply for the renewal of the allowance in the set manner and within a deadline of fifteen days, provided that they meet the requirements to receive the allowance and until such time as they reach the age to access any type of retirement pension. Payment, amount, reasons for suspension and cancellation, incompatibilities and recipients' obligations The payment procedure, amount and obligations, as well as the offences and penalties, are the same as stated for the allowance. (Please see pages 16, 17, 18 and 19) Unemployment allowance for temporary agricultural workers in Andalusia and Extremadura 23

24 For more information: Spanish Public Employment Service Trabajamos para ti