According to the Ministry of Inclusion, Social Security and Migration, in 2024, Spain will have more than 21 million people affiliated to Social Security and of this number, 14 million were people with permanent contracts.
In this article, we are going to talk about what registration is and what types of registration in Social Security we can find.
Registration with Social Security is an administrative process that informs about the beginning of a new work activity or the change of company where the worker will provide his/her services. Through this act, the employee will be included in one or several schemes, receiving the corresponding protection.
The regulations on the obligation to register are established in Royal Legislative Decree 8/2015, of October 30, which approves the consolidated text of the General Social Security Law.
The employer is responsible for notifying the registration and must do so using Form TA2/S. This procedure is carried out through the network system and the electronic headquarters of Social Security, before the employment relationship begins. Types of registration with Social Security.
In relation to registrations, there are four basic types of registration in social security that are important to know:
As mentioned above, the employer must register the employee with Social Security before he or she begins to provide services. In addition, the employer is obliged to notify any transfer of work centre that implies a change of province for the employee or that requires the assignment to a different contribution account.
Registration can be formalised with a maximum of 60 calendar days ‘ notice and will become effective upon starting the activity, including the trial period. Although registration is generally managed by the employer, it can also be requested by the workers themselves or carried out ex officio by Social Security.
Special layoffs occur when workers are on strike or when employers opt for a legal lockout . In these cases, the affected persons have the option of signing a special agreement.
This occurs when the company does not comply with its obligation to register or enroll the worker in Social Security. In these situations, the worker is considered to be included in the system for purposes such as work accidents, occupational diseases, unemployment or risk during pregnancy, among others.
Therefore, if the employer fails to comply with this obligation, the legislation establishes an absolute presumption, both in fact and in law, to protect the affected worker, even if there is no formal registration.
There are certain circumstances in which the worker is still protected by Social Security, even if he or she is not active . These cases are covered by both the regulations and the jurisprudence, and the most important are the following:
We refer to forced leave when a worker must temporarily leave his or her job because he or she has been elected to occupy a public office that does not allow him or her to combine his or her work responsibilities with the functions of the position.
A leave of absence for child care is requested to care for a newborn child after maternity leave has ended, and can be extended until the child turns 3 years old.
Employees who request this leave of absence are entitled to keep their job reserved for one year. From the second year onwards, they are guaranteed a job reserved within the same professional group or an equivalent category.
It refers to a situation in which a worker temporarily stops fulfilling his or her work obligations due to his or her obligation to perform compulsory military service or a substitute social benefit, the latter being when military service is replaced by community service or other forms of public service.
When a worker moves to another country, whether for work or personal reasons, he or she is considered to be in a situation similar to being registered. This means that, despite not being working in the country, his or her link with Social Security is maintained.
In these cases, even if the worker is not active or is not performing his or her usual work duties, his or her status is considered equivalent to being registered and he or she can continue to receive social protection.
This type of situation is common in sectors such as tourism, agriculture or seasonal trade, where employees may have periods of high and low activity throughout the year. Assimilation to high employment ensures that workers do not lose their social security rights during periods when they are not actively working.
Even if the worker is not active in his job due to his imprisonment, his situation is assimilated to being registered with Social Security. This implies that his link with the social protection system is maintained and he continues to be covered for certain contingencies.
After examining the different types of registration with Social Security, we can understand the importance of this process both for companies and for the well-being of their workers. Registration with Social Security is the responsibility of the employer and it is essential to understand that failure to comply can lead to sanctions. In addition, each worker has an associated collective agreement that they can refer to in order to review their employment conditions.