According to the Ministry of Inclusion, Social Security, and Migration, in 2024, Spain surpassed the figure of 21 million people affiliated with Social Security, and of this number, 14 million had permanent contracts.
In this article, we’ll discuss what registration is and the Types of registration in Social Security that you may encounter.
Registration in Social Security is an administrative process that reports the start of a new job or a change of company where the worker will provide their services. Through this procedure, the employee is included in one or more regimes and receives the corresponding protection.
The regulation regarding the obligation to register is established in Royal Legislative Decree 8/2015 of October 30, which approves the consolidated text of the General Law of Social Security.
The employer is responsible for notifying the registration and must do so using Form TA2/S. This procedure is carried out through the RED System and the electronic headquarters of Social Security before the employment relationship begins.
Regarding registrations, there are four basic types of Social Security registration that are important to know:
- Actual Registration with Social Security
As mentioned earlier, the employer must register the employee with Social Security before they begin working. Additionally, the employer is obliged to notify any change of work location that involves a change of province for the employee or requires assignment to a different contribution account.
Registration may be completed up to 60 calendar days in advance and becomes effective when the employee starts their activity, including the trial period. Although registration is generally managed by the employer, it may also be requested by employees themselves or carried out automatically by Social Security.
- Special Registration
Special registration occurs when employees are on strike or when employers choose a legal lockout. In these cases, affected individuals have the option to sign a special agreement.
- Presumed or Full Right Registration
This occurs when the company fails to fulfill its obligation to affiliate or register the worker with Social Security. In such cases, the worker is considered to be included in the system for purposes such as work accidents, occupational diseases, unemployment, or pregnancy-related risk, among others.
Therefore, if the employer fails to meet this obligation, the legislation establishes an absolute presumption, both factual and legal, to protect the affected worker—even if no formal registration exists.
There are certain circumstances in which the worker remains protected by Social Security even if not actively working. These situations are recognized both in regulations and case law, and the most relevant are the following:
Compulsory leave occurs when a worker must temporarily leave their job because they have been appointed to a public position that is incompatible with their employment duties.
Childcare leave is requested to care for a newborn after maternity leave ends and may extend until the child turns three years old.
Employees who request this leave have the right to retain their position for one year. After the second year, they are guaranteed a position within the same professional group or an equivalent category.
This refers to a situation where a worker temporarily stops fulfilling their job duties because they are required to perform compulsory military service or a substitute social service, 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 professional or personal reasons, they are considered to be in a situation equivalent to registration. This means that even though they are not working in Spain, their link to the Social Security system remains active.
In these cases, even if the worker is not actively employed or performing regular job functions, their status is considered equivalent to registration, allowing them to continue receiving social protection.
This type of situation is common in sectors such as tourism, agriculture, or seasonal commerce, where employees may experience periods of high and low activity throughout the year. The equivalence to registration ensures that workers do not lose their social security rights during periods of inactivity.
Even if a worker is not actively employed due to incarceration, their situation is considered equivalent to registration in Social Security. This means their connection to the social protection system remains, covering certain contingencies.
After examining the different types of registration in Social Security, we can understand the importance of this process for both companies and the well-being of their employees. Registration in Social Security is an employer’s responsibility, and failure to comply may lead to penalties. Furthermore, each worker is associated with a collective agreement they can consult to review their employment conditions.
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