According to the Ministry of Inclusion, Social Security and Migration, in 2024, Spain exceeded the figure of 21 million people registered with Social Security and of this figure, 14 million were people on permanent contracts.
In this article, we’re going to talk about what discharge is and what the Types of Social Security registration that we might come across.
What is Social Security registration?
Registration with Social Security is a administrative procedure which provides information on the starting a new job or changing companies where the employee will carry out their work. Through this process, the employee will be covered by one or more schemes and will receive the corresponding protection.
The regulations governing the obligation to register are set out in the Royal Legislative Decree 8/2015, of 30 of October, which approves the consolidated text of the General Social Security Act.
It is the employer’s responsibility to notify the authorities of the new hire and must do so using Form TA2/S. This procedure is carried out via the RED system and the Social Security’s online portal, before the employment relationship begins. Types of Social Security registration.
Types of Social Security registration
With regard to new registrations, there are four basic types Important information about registering with social security:
– Royal Registration with Social Security
As mentioned earlier, the The employer must register the employee with Social Security before the employee starts work. Furthermore, it is required to notify any change of workplace which involves the worker moving to a different province or requires them to be assigned to a different contribution account.
Registration can be completed with a maximum of 60 calendar days in advance and will take effect upon commencement of employment, including the probationary period. Although registration is generally handled by the employer, it may also be requested by the employees themselves or carried out ex officio by the Social Security authorities.
– Special Registration
Special registration occurs when workers are in strike or when employers opt for a statutory lockout. In such cases, those affected have the option of entering into a special agreement.
– Presumed Registration or Registration by Right
It occurs when The company is failing to fulfil its obligation to register the employee with Social Security. In such situations, the worker is deemed to be covered by the scheme for purposes such as work-related accidents, occupational diseases, unemployment or risks during pregnancy, amongst others.
Consequently, if the employer fails to fulfil this obligation, the law establishes an absolute presumption, both in fact and in law, to protect the affected worker, even if there is no formal registration.
- Situations Treated as Termination of Employment
There are certain circumstances in which the employee continues to be covered by Social Security, even if he is no longer active. These cases are covered by both legislation and case law, and the most important ones are as follows:
- Compulsory leave of absence.
We refer to compulsory leave of absence when an employee is required to take a temporary leave of absence from their job because they have been elected to hold a public office that prevents them from reconciling their work responsibilities with the duties of that office.
- Parental leave with job protection.
A leave of absence for childcare is requested to care for a newborn child once maternity leave has ended, and may be extended until the child reaches the age of 3.
Employees who apply for this leave of absence are entitled to have their job held open for them for one year. From the second year onwards, they are guaranteed a post within the same professional group or an equivalent category.
- Suspension of the contract due to military service or alternative social service
This refers to a situation in which an employee temporarily ceases to fulfil their employment obligations due to their obligation to undertake compulsory military service or an alternative form of social service, the latter being where military service is replaced by community service or other forms of public service.
- Relocation outside Spain
When a worker moves to another country, whether for work or personal reasons, they are considered to be in a situation equivalent to being registered with Social Security. This means that, although they are not working in that country, their affiliation with Social Security remains in force.
- Signing of a special agreement
In such cases, even if the employee is not currently working or is not carrying out their usual duties, their status is considered equivalent to being registered for social security and they may continue to receive social security benefits.
- Inactivity in seasonal work
This type of situation is common in sectors such as tourism, agriculture and seasonal trade, where employees may experience periods of high and low activity throughout the year. Automatic enrolment ensures that workers do not lose their social security entitlements during periods when they are not actively working.
- Prison
Even if the worker is not actively employed due to their imprisonment, their status is treated as equivalent to being registered with Social Security. This means that their connection to the social protection system is maintained and they remain covered for certain contingencies.
Having examined the different types of Social Security registration, it is clear how important this process is both for businesses and for the welfare of their employees. Social Security registration is the employer’s responsibility, and it is essential to understand that failure to comply may result in penalties. Furthermore, each employee is assigned a collective agreement whom you can contact to review your terms of employment.
