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Work demands to quote more to companies and employees on the part of the wages
Blow to the wage complements in the heat of economic crisis. While unemployment and the bankruptcies go off and the collection of the State begins to fall, the Social Security has decided to reinterpretar the norm where the exemptions of quote of the company and the quantities take shelter that the workers to complement their pay At time of crisis and brake of income acquire, ascent of the inspecting control. The old fear of the contributors seems to be reincarnated. The reinterpreta Social Security the law to lift the surcharges by concepts that, like the medical insurances, are within the flexible wage. And the reinterpretación has known a clearly sign of increase of the payment. The result: the medical insurances that the groups assume like part of this type of income and by which until now it did not quote to the Social Security, now yes will have to pay to the organism. The payment will not be reduced: of a 4.7% for the employee and 23.6% for the company. The bad news has been transmitted through an internal communication sent by the Main directorate of the Inspection of Work and Social Security to the territorial director head of the Provincial Inspection of Madrid, to which it has had access EXPANSION. In the text it is clarified that some repaying concepts “that replace the monetary ones, are mentioned like nonquotable to the Social Security, in everything or until certain quantities”. It alludes, thus, to the concepts picked up in the General Regulation of Quote to the Social Security, where they appear, next to the medical insurances, the deliveries of action to employees, payments by day-care center, dining rooms of company or insurances of accidents. All of them, until now, benefitted from the exemption in the Social Security. Now, the new position of Work happens to assure that “the worker has straight originally to a certain repayment, that forms quote bases as well”. And it clarifies that, taking as bases the Statute of the Workers, it must be considered that “the workers will not be able to arrange valuedly, before or after his acquisition, of the right that they have recognized”. The conclusion supposes an increase of the collection on the part of the Social Security: “We see that the general principle of irrenunciabilidad of rights would be harmed if, by means of the system of flexible wage, it quoted by bases inferiors to which the worker had straight from the beginning”. Or, which is the same, that considers that the worker really wants to quote more to acquire a greater pension. The commotion between the expert companies of this communication has not taken in going off. Especially because the used legal argumentation touches a section where not only it is spoken of the medical insurances, but includes the practical totality of the remunerations in species used within the flexible wage. The medical insurances that the groups assume as it leaves from the flexible wage and by which until now it did not quote to the Social Security, now yes they will have to pay to the Ample organism interpretation the communication of the Social Security does not hide that “we could continue analyzing the diverse concepts that, by the modality of the flexible wage can replace the monetary repayments”. And within them, the same regulation enumerates “the delivery to the workers in active-duty, free or by price inferior to the normal one of market, action or participation of the own company or of others of the group of societies, in the part that does not exceed, for the set of the given ones to each worker, of 12,000 annual Euros, in the conditions that prescribed settle down […], the amounts destined to the update, qualification or recycling of the used personnel, when they come demanded by the development from his activities or the characteristics of the job, […] the deliveries to employees of products to prices reduced in bars or dining rooms of company or cut-price stores of social character […], the use of goods destined to the social and cultural services of the used personnel […], the premiums or quotas satisfied by the company by virtue of contract of insurance of labor accident or civil responsibility of the worker […], or the benefit of the service of pre-school, infantile, primary, secondary education obligatory, baccalaureate and professional formation by educative centers authorized, to the children of its employees, with gratuitous character or by price inferior to the normal one of market. The lawyers consulted by EXPANSION do not hide that, therefore, the same argumentation used by the Social Security to demand the payment of quotes in the medical insurances can be used to request the payment by the rest of concepts. A little while difficult for the Social Security mazazo to used companies and does not arrive anyone in a while. The Social Security is now in the front sight since, next to the traditional debate on the future of the pensions, the crisis has removed to the arena the evils from the labor market. In the heat of controversial on the opportunity to lower the cost of the dismissals, the fort increase of unemployment - that will exhaust the bottoms for benefits by unemployment in February of 2009-, the aging of the population and the fall of the subscribers after the boom of immigrants has put in a difficult critical moment to the Social Security. At the moment, the accounts of the organism, of which until the last year the Executive made finery, already show weakness signs, with a cut of their surplus of 2.7% until September. The experts fear that the deterioration is continued aggravating the compass of general the public deficit, that does not have margin to confront the crisis. Work or has alerted even that it cannot assure the pensions for the minors of 50 years, in a scene in which the affiliation falls or the 1.4%, to much distance of the increases of more than 4 points of recently more of a year. For the analysts, to day of today only there is a positive note: that the Executive resigned to last hour, and for want of agreement with the PP, to invest? Reserve fund in Stock market. (The extracted News of Expansion)
 
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