Rights of Foreigners in Spain PDF

## AUXILIAR DE ENFERMERÍA DEL INSTITUTO NACIONAL DE GESTIÓN SANITARIA (INGESA) - MAD **DERECHOS DE LOS EXTRANJEROS EN ESPAÑA** ### 4.2. Extranjeros que no pueden acceder a la gestión colectiva de contratación en origen * The ministers, religious or representatives of different churches and deno...

## AUXILIAR DE ENFERMERÍA DEL INSTITUTO NACIONAL DE GESTIÓN SANITARIA (INGESA) - MAD **DERECHOS DE LOS EXTRANJEROS EN ESPAÑA** ### 4.2. Extranjeros que no pueden acceder a la gestión colectiva de contratación en origen * The ministers, religious or representatives of different churches and denominations, duly registered in the Register of Religious Entities, whose activity is limited to strictly religious functions. * Foreigners who are part of bodies of representation, government, or direction of trade unions, homologated internationally, whose activity is limited to strictly trade union functions. * Foreign minors of working age under the tutelage of the protection entity, while they remain in that situation, favor their integration into society. ### 4.3. Gestión colectiva de contrataciones en origen * The Ministry of Labor, Immigration and Social Security, taking into account the national employment situation, may approve an annual forecast of the jobs that can be filled through the collective management of contracting in origin, in a given period. Only those who are not in Spain or do not reside in Spain can access it. * In this case, it will be possible to approve a forecast of the number of jobs that can be filled through the collective management of contracting in origin, in a given period. Only those who are not in Spain or do not reside in Spain can access it. * The Ministry of Labor, Immigration and Social Security, taking into account the national employment situation, may approve an annual forecast of the jobs that can be filled through the collective management of contracting in origin, in a given period. Only those who are not in Spain or do not reside in Spain can access it. * The Ministry of Labor, Immigration and Social Security, taking into account the national employment situation, may approve an annual forecast of the jobs that can be filled through the collective management of contracting in origin, in a given period. Only those who are not in Spain or do not reside in Spain can access it. * The Ministry of Labor, Immigration and Social Security, taking into account the national employment situation, may approve an annual forecast of the jobs that can be filled through the collective management of contracting in origin, in a given period. Only those who are not in Spain or do not reside in Spain can access it. * The procedure for granting the initial authorization of residence and work through collective processing of contracts in origin, will be based on the simultaneous processing of a plurality of authorizations, presented by one or several employers, with respect to selected workers in their countries, with the participation, where appropriate, of the competent authorities. This will be coordinated with the competent Autonomous Communities for the grant of the initial work authorization. * Job offers made through this procedure will be preferentially addressed to those countries with which Spain has signed agreements on regulation of migratory flows. * Title VIII of the Regulation on Foreigners (Articles 167 and following) develops the legal regime of collective processing of contracts in origin. ### 4.4. Régimen especial de los trabajadores de temporada * The Government will regulate the authorization of residence and work for foreign workers in temporary employment activities through a decree that determines the entry and exit from the national territory, as well as the documentation of their situation, in accordance with the characteristics of these campaigns and the information provided by the Autonomous Communities where they are promoted (Article 42 of Organic Law 4/2000, as amended by Organic Law 2/2009). * The grant of residence and work permits will be subject to the workers being accommodated in conditions of dignity and adequate hygiene. ### 4.5. Trabajadores transfronterizos y prestación transnacional de servicios * Foreign workers who, residing in the border zone, carry out their activity in Spain and return to their place of residence daily, must obtain the corresponding administrative authorization, complying with the requirements and conditions established in the general regime, and the provisions for the authorization of rights to social security as established in Article 14.1 of this law - as already reported in the previous paragraphs -. * Regulations will establish the conditions for the authorization of residence and transnational service provision, in accordance with current regulations. * Articles 110 and following of the Regulation on Foreigners develop the regulation of temporary residence and work in the framework of transnational service provision. Similarly, Title X of the aforementioned Regulation (Articles 182 and following) develops the regulation on cross-border workers. ### 4.6. El Sistema de la Seguridad Social y los foreigners * In the extension of the area of application of the Social Security system, regulated by Article 7 of Royal Legislative Decree 8/2015, of 30 October, approving the consolidated text of the General Law on Social Security (TRLGSS), it is established that the following will be included in the Social Security system, for the purposes of contributory benefits, regardless of their gender, marital status or profession: Spanish nationals who reside in Spain, and foreigners who reside or are legally in Spain, provided that, in both cases, they carry out their activity in national territory and are included in one of the following paragraphs: * Workers for another, who provide their services under the conditions established by Article 1.1 of the consolidated text of the Law on the Statute of Workers, in the different branches of economic activity or those assimilated to them, whether temporary, seasonal or permanent, even if their work is discontinuous, including remote workers, and regardless, in all cases, of the worker's professional group, of the form and amount of remuneration they receive, and of the common or special nature of their labor relationship. * Self-employed workers or freelancers, whether or not they are the owners of individual or family companies, over eighteen years of age, who meet the requirements that are expressly established in this law and its implementing regulations. * Worker members of work cooperatives. * Students. * Civil and military public officials. * Foreigners who reside legally in Spanish territory are also included in the area of application of the Social Security system, for the purposes of non-contributory benefits, under the terms established in Organic Law 4/2000, of 11 January, on rights and freedoms of foreigners in Spain and their integration into society, and, as the case may be, in the treaties, agreements, agreements or international instruments approved, signed or ratified to that effect. ### 5. El derecho a la asistencia sanitaria de los foreigners #### 5.1. Regulación constitucional * The Spanish Constitution of 1978, in its Articles 43 and 49, provides for the right of all citizens to health protection, a right that, in order to be effective, requires public authorities to take the appropriate measures to meet it. * Our fundamental law also refers to the organizational and institutional level when in its Title VIII it recognizes the Autonomous Communities with powers in the field of health that, later, are materialized in each of the Statutes of Autonomy. #### 5.2. La Ley Orgánica sobre derechos y libertades de los extranjeros en España y su integración social * For the regulation of the right to health care for foreigners, Article 12 of Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration, refers to the terms provided for in the current health legislation. * Consequently, it is necessary to go to the regulations governing health care to define the right of foreigners to the same. #### 5.3. La Ley General de Sanidad * Law 14/1986, of 25 April, General Health, in its statement of reasons, responds to the two constitutional requirements mentioned above, recognizing the right to obtain the services of the health system for all citizens and foreigners residing in Spain, although, for reasons of economic crisis that it is not necessary to underline, it does not generalize the right to obtain these services free of charge, but rather programs their gradual implementation. * In this context, the General Health Law itself states in its Article 1 that all Spaniards and foreign citizens who are legally resident in Spanish territory are entitled to the right to health protection and health care. Spanish nationals and foreign citizens who are not resident in Spain, as well as Spanish nationals outside the national territory, will be guaranteed this right in the way that the laws and international conventions establish. #### 5.4. La Ley de Cohesión y Calidad del Sistema Nacional de Salud * Article 3 of Law 16/2003, of 28 May, on the cohesion and quality of the National Health System, establishes that those entitled to health protection and health care are all individuals with Spanish nationality and foreign individuals who are legally resident in Spanish territory. Without prejudice to the above, individuals entitled to health care in Spain under the Community regulations on coordination of social security systems or in the bilateral agreements covering the provision of health care, will have access to it, provided they reside in Spanish territory or during their temporary trips to Spain, in the form, scope and conditions laid down in Community or bilateral regulations. * To make this right effective, charged to the public funds of government agencies, paragraph 2 of this Article 3 stipulates that those entitled to the aforementioned rights must be in one of the following situations: * To be a foreign national with legal and habitual residence in Spanish territory and not to be obliged to prove mandatory health care coverage through other means. * Article 3bis of Law 16/2003 establishes that once the right to health protection and health care is recognized, charged to public funds, this will be made effective by the competent health authorities, who will provide access to health services through the issuance of an individual health card.