▷ Modelo ta2/s 0138 | Actualizado noviembre 2024

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Within the existing procedures regarding the labor relationship between the company and the employee, the Social Security provides companies with a set of forms to put an end to the situation of labor inactivity on the part of a worker: these are the so-called TA2 forms.

The company will submit form TA2 to the Social Security to notify that a new employee has been registered, that the employee and the company have terminated their employment relationship, or that the employee’s data have undergone some variation.

Since this is a set of common forms (except for the simplified TA2/S, whose purpose is exclusively the notification of a leave of absence), the type of request to be included in the form must be expressly indicated (registration, leave, modification) by marking this choice with an «X» in the appropriate box, and indicating its effective date.

The details of the employment contract that will link the worker to the company must be entered, including special circumstances, if any, such as: if the worker belongs to a special regime (artist, health care agreement, etc.), or if he/she is on leave, strike or maternity/paternity leave:

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As we are sure you have noticed, in our articles we always put special emphasis on emphasizing the vital importance of registering workers with the Social Security as well as notifying the administrations of any change in the contract or its termination, which would be to terminate a worker. Today we present the form that must be filled in every time one of these situations occurs and we tell you how to do it.

This form is only for workers employed by others or assimilated under the General Regime. The self-employed, for example, must fill in the TA0521. If you want to know what other application forms are available for registering, deregistering or making changes in the contracts of workers under other systems, consult the Social Security website.

Communications with the Social Security, as we have already mentioned on several occasions, are made through the RED System and, in addition, applications for registration must be addressed to the Provincial Directorate of the S.S. of the province in which the company where the worker is going to perform his services is located.

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The truth is that there is no specific contract model for a domestic employee, but to hire a domestic employee we must resort to either the permanent contract model or the fixed-term contract model, depending on the type of contract we have agreed between the worker and the employer.

The household employee contract must be formalized in writing and the employer will be responsible for it, since failure to do so will result in penalties. An oral contract may only be used for sporadic services lasting less than four consecutive weeks. In all other cases, the contract must be in writing.

If this is the first time this type of contract has been made, the corresponding documents must be completed so that a contribution account can be assigned to the employer (an account that can continue to be used even if the employer changes employees or hires more than one).

The household employee contract may be full or part-time, fixed-term or open-ended. In addition, a trial period of up to 2 months may be agreed upon, during which both employer and employee are obliged to comply with their respective benefits, and the employment relationship may be terminated by either party, with the agreed notice period, which may not exceed 7 calendar days.

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Form TA. 2/S-0138 Application for registration, cancellation or variation of data of the employee in the General Regime – Special System for domestic employees, is the document that both employers and employees should be familiar with and which can be downloaded from the Social Security website (www.seg-social.es).

In it, apart from incorporating the data of the worker and the employer or owner of the family home, the data relating to the application must be entered. Depending on the case, one of the boxes provided will be checked. In the case of registration or cancellation, the date on which the work activity began or ceased must be marked, and in the case of a change in the data, the date on which the change occurred must be noted.

Assuming that it is a sick leave, the cause of such sick leave must also be indicated in the form to be filled in. The same happens if there is a variation of data, reflecting this variation in the corresponding section of the application.

In Fortuny Services we specialize in finding the ideal personnel for the Domestic Service depending on the needs of our clients. If you need help or advice for the recruitment or selection process do not hesitate to contact us here.