Monday, January 31, 2011

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Consultation

: Good afternoon, I have a doubt with social insurance. I paid the bill by electronic payment in December, and when I realized, I've included a bonus for a worker training in November in December. Therefore, I owe to the Social Security 420 euros. I say make an additional L04, but the first time it happens. I've corrected the information about the employee. RED I send again TC2 paper in addition to the TC1 with the outstanding amounts? How did? What charge does it take? Many thanks and greetings.

RESPONSE: Good, actually has to make an additional assessment L04 with the corresponding amount plus the surcharge. For this you must send via network system with 3% surcharge because you'll pay in February (if you had found before having paid in January could no surcharge). The same payroll program will ask the mark you want to apply when you go has to generate the file and send it by network system. If you do not know generations will have to talk to keeping your program for you to indicate how to proceed.
After sending the file is the same as the electronic payment of L00, you will receive an electronic payment header to pay.
In the event that not want to do via network system. You'll have to fill out a TC1 (Carbonless life) only to the amount in box negative and positive bonuses in the total to enter. And you have to go to the social security administration belongs to you so that you authorize it, and that from this January is not payable on paper.

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improper deductions to the Social Graduates lace - Crete System

is here, already arrived. Social Security has submitted the project Crete Control Revenue per worker, which will simplify the issue of corporate contributions, to the extent they do not even need Social Graduates or anything. The worst thing was that all agreed with the Graduate Schools of Social.
The idea is that companies will receive a draft social insurance monthly, as with the draft income. I say, why not give them the payroll including references to companies and we're all unemployed?.
This system will initially be available for companies with fewer than 15 employees and will be voluntary, although the idea is to be extended and made compulsory. Often
simplification, complicates things and I think this will be one of them.

Saturday, January 29, 2011

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Feria de Fallas 2011: Official posters

officially met the posters of the Fallas, 2011 Cream. Although I have no confidence in Mr. Simon Casas Productions and even less in the impartiality of Mr. Deputy Don Isidro bullfighting issues Prieto who allowed the monstrosity that was the Fair in July 2010, I must admit that these posters on paper I do not look bad .

From the standpoint of livestock there is some diversity of spigots for the shortness of the show : Núñez, Murube, Albaserrada Domecq as not, if we extend the "Day of the Virgin " even run any Miura (Cabrera). Regarding the monoencaste comes from the best: Source Ymbro, Victoriano del Rio, or Jandilla Cuvillo Nunez, we'll see the game they take, but it left out to Las Ramblas.

If you look at the slaughter as well, is what it is, I have plenty Tejela Matías, Juan Bautista and Miguel Abellán who for me does not have merit to repeat in this square long, but as I suppose they were going to go in his place would be in a similar situation will not say more.

In short, as I said, the show on paper is not bad, we'll know in a month and a half that have brought Simon Field Houses & Company and if we once again take the hair or if we will see real bulls . Now we can only hope: Signs

Fallas 2011:

Saturday March 12. It shall Bulls and Bull River Victoriano Cortes (Domecq) to Enrique Ponce, Vicente Barrera and " El Juli"

Sunday March 13. bulls are run-Vegahermosa Jandilla (Domecq) to Francisco Rivera Ordóñez "Paquirri" "El Fandi and Alejandro Talavante

Monday 14 March. steers were run Javier Molina (Domecq) to Thomas Dufau, Juan del Alamo and Jesus Duque

Tuesday, 15 March. bulls are run Alcurrucén (Nunez) to Miguel Abellán, Juan Bautista and Leandro

Wednesday 16 March. bulls are run Ymbro Source (Domecq) to Curro Díaz, Matías Tejela and Rubén Pinar

Thursday, 17 March. Bulls were run Cuvillo Nunez (Domecq) to " Morante de la Puebla, José María" Manzanares " and Daniel Luque

Friday, 18 March. Bulls were run San Pelayo and San Mateo (Murube) For "El Cid", Miguel Ángel Perera and Cayetano

Saturday March 19. Bulls were run The Rambras (Domecq) to Juan Mora, Enrique Ponce and Sebastián Castella

Sunday 20 March (morning). steers were run Guadaira (Domecq) for López Simón, Miguel Giménez and Diego Silveti

Sunday March 20. bulls are run Adolfo Martín (Albaserrada) for Rafaelillo, Tomás Sánchez and Alberto Aguilar


Posters Miniferia of Our Lady of the Forsaken:

Saturday May 7 . It shall Miura bulls (Cabrera) Victorino and Martin (Albaserrada) for Angel de la Rosa, Juan José Padilla and "El Cid"

Sunday May 8. steers were run Manolo Gonzalez Gonzalez D Sanhez-alp (Nunez) to Juan Vicente, Javier Pascual Barrio and Victor

Thursday, January 27, 2011

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prorated CAN PAY ON HOLIDAYS IN TERM CONTRACTS LESS THAN A YEAR?

We will ask whether the payment could be prorated vacation for the duration of the employment contract, in cases of temporary employment contracts concluded by shorter than the year in which it is expected that the period of work activity will not coincide with the period of annual holiday enjoyment.
In general, we note that paid leave is a right provided for in Article 38 of the Statute of Workers (hereinafter ET), in implementing Article 40 of the Constitution. The statutory provision states:
"1. The period of paid annual leave, not be replaced by financial compensation will be agreed in the collective agreement or individual contract. In no case shall be less than thirty calendar days.
2. The period or periods during which enjoyment is fixed by agreement between employer and employee, in accordance with the provisions of applicable collective agreements in the annual planning vacations.
In case of disagreement between the parties, the competent court shall set the date of the leave allocated and its decision shall be final. The procedure shall be summary and preferred.
3. The holiday schedule is set for each company. The worker should know the dates that correspond to two months earlier, at least the first entitlement.
When the period of leave set out in the holiday calendar of the company referred to above coincides in time with a disability time resulting from pregnancy, childbirth or breast feeding or the period of suspension of employment contract under Article 48.4 of this law, entitled to enjoy the holidays in far different from the temporary disability or enjoyment that permit application of that provision applies, when the period of suspension, but have completed the corresponding calendar year.
This legal regulation is that annual leave is a right of workers not being possible to replaced by financial compensation, unless the termination of the employment relationship have not enjoyed these.
To interpret the brief regulation of ET holiday, we must turn to supranational or Community provisions. Within international holidays are regulated by ILO Convention No 132. In this arrangement there are two provisions that will allow us to be taken into consideration to argue for a solution to the question. In Article 4 of Convention No 132 provides that in the case of services less than a year the holiday will be entitled to a period proportional to the period worked. On the other hand, Article 11, for the case of termination of the employment relationship without enjoying the holidays, provided that the worker shall be entitled to
"a compensation or equivalent holiday credit. "Within the Community law.
the European Community law, Article 7.2 of Directive 2003/88/EC of November 4, states that" the minimum period of paid annual leave may not be replaced by financial compensation, except in case of termination of the employment relationship. "
Thus the general rule is the right to really enjoy the holiday, on duty necessary, fitting only your arrival compensation where the termination of the labor, have not been able to enjoy. Consequence of this allowance in lieu of leave not enjoyed the termination of the employment relationship is that the post of leave, which must be stated on the certificate of business, is an equivalent situation in
Social Security (Article 125 of the General Safety Law Social-forward LGSS-), old-fashioned that the legal status of desempleoy the birth of entitlement to benefits will occur after such period. Period of leave, which is to be subject to Social Security contributions by an additional assessment for the month of termination of contract (Article 109 of the General Social Security Law), which will include additional assessment day
duration of the leave accrued but not taken, even if it also achieved the following calendar month or start a new relationship work for the same, established as an exception, holidays not listed shall be prorated for the period of delivery services when, by law or in pursuance of this, it is established that worker's compensation should include, along with the salary, the proportion for accrued vacation (article 109 of the LGSS
).
With regard to the apportionment of holiday pay during the term of employment, our legislature contemplated two specific cases of assessment. On the one hand, on temporary contracts lasting less than one hundred twenty days, and secondly, in determining the mode of calculating remuneration of workers employed by a company mission Temp.
First, Article 4.1 of Royal Decree 1795/2010 of 30 December on the fixation of minimum wage for 2011, indicated that the amount of the minimum wage, casual and temporary contracts for temporary inferior services to one hundred twenty days in the company, must include the share of rental, there is always
coincidence between the dates for the holidays and the period of performance of work.
Secondly, Article 11.1 of Law 14/1994 of June 1, as amended by Law 35/2010 of 17 September, states that the remuneration of workers in firms mission temporary work must include the proportional part of the holiday.
In both cases we are dealing with workers that there is no overlap between the period of holiday enjoyment and time of the contract, so that is contemplated or authorizing the apportionment of remuneration for legal holidays.
Thus, these provisions could defend the possibility of apportionment of the amount of leave during the period of validity of temporal contrast, if the working period will not coincide with the period fixed for the enjoyment of the holidays.
The Supreme Court ruling of April 30, 1994 held that the apportionment of leave during the period worked in construction contracts or service lasting between six and eight months, does not contravene Article 38 of ET saying " the proportion of leave not to be understood as a compensation to the waiver of the right
vacate [which does not allow the first paragraph of that provision, nor the ILO Convention 132, also invoked], then, given the retributive nature of the rental period vacacional.la proportion in the case of contracts below the year is not only a form of advance payment of the same. "
Thus, we may conclude by noting that the proportion of pay for holidays annual leave would be admissible in the case of less than one year, where it is reasonably foresees the impossibility of real enjoyment. This was also the reply in writing on June 18, 2009 by the Directorate General of Labour in consultation raised.

Monday, January 24, 2011

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YOU HAVE THE RIGHT TO PROVIDE AN ADOPTIVE MOTHER MATERNITY, BIRTH MOTHER MARRIED TO WAGE AGREEMENT

We will examine whether an employed person, married to the biological mother of a child under 6 years, having adopted it, is eligible for maternity leave and the corresponding economic benefit, but has been living prior to the child, and although at the time the natural mother has enjoyed the break and maternity benefit after delivery.
The factual situation which we subject to analysis has been resolved by the Supreme Court, Social Hall, in a decision to unify doctrine of September 15, 2010. They tested the following facts:
1. º The worker Araceli is in a position high in the general scheme.
2. No. That on July 3, 2006 requested the direct payment of maternity benefit by adopting lower Julia, born on March 26, 2001.
3. º That the child is biological daughter Rosario.
4. No. That is a stable partner Araceli Rosario, as stated in notarial deed of February 27, 2006 but started living together in 2004.
5. No. That decision dated June 6, 2006 the Court of First Instance number 19 of Barcelona agreed to the adoption by Araceli on smaller mother Julia in condition.
6. º That the Company X recognizes Araceli rest for adoption on June 14, 2006.
7. No. That by administrative decision of 19 July 2006 the Provincial Directorate of National Institute of Social Security denied the application direct payment of maternity benefit
adoption of the child Julia, to be built and integrated it in the family unit, with no need for integration that is based on the maternity leave for foster care or adoption. Appeal the administrative decision recognizing the right to maternity benefits by the Social Court # 8
Barcelona, \u200b\u200bin a ruling dated March 26, 2007. Brought then appealed by the Provincial Directorate of National Institute of Social Security estimated in the same sentence of 20 February 2009. On appeal
unification of doctrine by the worker, is issued by the Supreme Court decision dated September 15, 2010, estimating the resource, recognizing the right to maternity allowance of adoption.
To resolve the question the Supreme Court of existing regulations on the state of suspension of the employment relationship by adoption of a child under six years, and the Social Security regulations on the provision of maternity and adoption.
suspension situation of the employment relationship provided for in Article 45 of the Statute of Workers (hereinafter ET), where in paragraph 1.d) shows that the employment contract may be suspended for maternity, adoption, foster care children under six years. In parallel the ET Article 48.4 provides that in cases of adoption and foster care
, whether pre-permanent, less than six years, the suspension will last sixteen uninterrupted weeks expandable, in the event of adoption or fostering multiple in two weeks for each child after the second, told the election worker, either from the administrative or judicial decision
placement, well after the court decision that the adoption.
On the other hand, with regard to the economic provision of maternity, Article 133 bis of the General Security Social (General Social Security Law) and Article 2 of Royal Decree 295/2009 of 6 March, for the purposes of maternity benefit situations are considered protected maternity, adoption and foster care, permanent
whether pre-or simple provided that in this case, the duration is not less than one year, and although these are temporary foster care during the rest periods that benefit from such situations as provided in section 4 of Article 48 of the revised text of the Statute Workers. In Article 133 ter of the
LGSS and Articles 3 and 5 of Royal Decree 295/2009 of 6 March, generally require two conditions to be accessed a maternity benefit, first, that the worker is in a position higher or an equivalent situation in the date of the event, and secondly, to meet the required gap, which will depend on the age
the worker. Lack for workers aged between 21 and 25 years, is set to 90 days within the seven years immediately preceding the date of the administrative or judicial decision on foster care or court decision establishing the adoption (triggering event), or alternatively, a contribution period of 180 days during the working life. For workers over 26 years lack required is 180 days within the seven years immediately before the triggering event, or alternatively 360 days in their working lives. Finally, for those under 21, does not require any deficiency.
Thus, the legal regulation of the right to maternity leave, and the perception of the subsequent adoption benefit if set four conditions, namely: First, the concurrence of the state-protected-adoption, second Instead, enjoy the rest period provided for in Article 48.4 of the Statute of Workers
-16 weeks, thirdly, the worker found high in Social Security or an equivalent situation high, and in fourth place, having covered a minimum period of contribution or lack.
Well, if you meet these requirements to the Supreme Court bears the maternity benefit, but the fact of having previously lived with the adoptive parent the adopted child is a legal impediment, and this for several reasons: First, because in the legal regulation of both the suspension of work for maternity
relationship as the relevant social security benefit is not established as a requirement that the child had not previously been integrated into the family unit. Second, because in cases of refusal, cancellation and suspension of the maternity benefit of Article 133 d of LGSS and Article 11 of Royal Decree 295/2009 of 6 March, is not regarded as grounds for refusing the fact of living after the adopter with the child. Third, because the civil law of adoption (Article 176 of the Civil Code) provides for situations in which there has been prior living with the adoptee, the adoption of third-degree relatives of children of the spouse of the adopter, having been the one adopted under the aegis of the adopter, etc. Finally, in fourth place, the fact that he enjoyed the biological mother of the maternity benefit after birth started no provision for the adoption to be facing successive factual situations, each of which generates the corresponding provision if they meet legal requirements.

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TABLES 2010 AND 2011 INTERIM FINAL

Now it's time to upgrade the pay scales for all workers. Some do and some people expect to publish the relevant updated tables and therefore will have to pay for arrears.

Thus, some have calculated the final salaries of 2010 and who is also estimated and provisional, 2011, whether or not there is an agreement in force. In this way, you save (me included) pay arrears of the agreement.

In any case, whatever you do, you can count on me for making your tables.

Saturday, January 22, 2011

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Ban Convention to revise the wages down, according to year-end IPC

is a hot topic since we are at the right time of year when it updated the vast majority of pay scales, except those that are signed during the year. Deputy
a final ruling of the Supreme Court which is to say what we already know. No salaries may be revised downwards because the CPI end of the year than anticipated, unless so stipulated that possibility comes from the articles of agreement. As you can see in the following text extracted from the sentence, the general economic situation has caught many off guard conventions and the weakest part is that you are grieving.

"..... As we have repeatedly pointed to the occurrence of the effect of downward revision, would require that they have been clearly established and stated in the agreement under which it agreed to the revision. the scope of collective bargaining in our labor market was a long, consistent and uniform practice of agreeing on the implementation of the inflation forecast, with upward revision of agreement that the CPI would later be real at the end of the year. Never was agreed to review down, because ever since the introduction of collective bargaining, real inflation at year end was lower than expected. Overturning that general use and without exception accepted by the members of the negotiating table, would have required that this be set explicitly, but in the case to prosecute, not done well, but-according to the covenant tradiciónse to the IPC revision real. The use of this preposition evidence that the intent of the negotiators was the usual deal of revision when the actual inflation by year-end is higher than the initially applied. It was therefore adjusted to make deductions agreed the terms in which the company has done. "DOWNLOAD

Monday, January 10, 2011

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can not be both ways .... Very Merry Christmas

Each is free to think and believe what you want, however it is thankful that is you have a single line of thought on which position for each subject. Only people with certain mental disorders are able to think two things are opposed on a same issue at one time.

has recently released "Manual of Style" RTVE, which expressly states that not going to televise bullfights , include them as "sensitive issues" and frames them in the same category as terrorism or the abuse of women, to name the most glaring examples.

I particularly may seem an aberration compare bullfighting to terrorism , but that's not the issue, the question is that this line of thinking that has elected the current government of Spain about bullfighting. So far everything is logical.

As is logical to think that if you really believe so despicable bullfights, given the public service with the media, the Government of Spain being true to himself the broadcasting of bullfights in the other general information channels. Similarly it is not permitted the "apology of terrorism."

Well, not just that it does not, but the paradox is that further distribution channels give bullfighting are the public channels of autonomies ruled by the same party that national do , see example CanalSur or TVCM .

The party in question has banned bullfights in Catalonia , has imposed bullfighters gold medals at the Fine Arts has vetoed the bulls in TVE, the public further on other channels, etc ... and all these so radically different behavior in contemporary moments in time ...

For God, for better or for worse, you have an idea and are consistent with it. "Can not be both ways ...."