Employer and Employee Obligations in Social Security

Main Obligations of Employers and Employees

The company must register with Social Security (SS) before starting activity (Model TA6). It must formalize the coverage of occupational risks with the SS or a mutual accident insurance company. It must enlist workers, assigning each a unique SS number. Any administrative act, such as communicating the cessation of work or a change of activity, should be reported to the SS within six calendar days.

Protective Action

Protective action consists of granting benefits, a set of economic measures that may be contributory or non-contributory.

• Contributory: Directed to workers and close relatives who meet the minimum contribution period.
• Non-Contributory: For beneficiaries who lack adequate resources and have not contributed sufficiently or at all.

Types of Benefits

Healthcare

Includes medical and pharmaceutical services to maintain the health of its beneficiaries, who are:

• Active workers
• Pensioners
• Family members in the care of the beneficiary, residing in Spanish territory
• Returning Spanish migrants
• Foreigners with a residence card or permit

Benefits for Risk During Pregnancy

A 100% grant from the Base Reguladora de Contingencias Profesionales (BRCP) is provided. The worker is reinstated to work after the maternity period ends.

Paternity Benefits

A subsidy of 100% for 13 continuous days is provided, extended by two more days per child after the first.

Permanent Non-Disabling Injuries

Injuries, mutilations, and deformities caused by an accident or disease that do not affect the worker's ability to perform their job. Compensation is determined based on the economic impact of the injury.

Protection for Unemployment

Unemployment Benefit (Contributory)

For those who are able and willing to work but experience a reduction in their workday, either full-time with the temporary or definitive loss of salary, or part-time, or through a workforce reduction plan (ERE) with a similar reduction of wages.

Requirements:

• Be unemployed.
• Have covered a minimum period of contributions.
• Not be of retirement age.
• Commitment to activity.

The base pension is obtained by dividing the average of the 180 days of Base de Cotización por Contingencias Profesionales (BCCP), excluding overtime. The first 180 days amount to 70% of the BR, and from day 181 onwards, 60% of the BR. The duration depends on the contributions made: for the first 360 days quoted, 120 days of benefits are received; for every 180 days quoted, 60 days of benefits are received. The maximum duration is 720 days of unemployment.

Unemployment Allowance (Non-Contributory)

• Exhausted contributory benefit and family responsibilities: Six-month periods, renewable for up to 18 months. Over 45 years of age, it can be extended up to 24 months.
• Over 45 without family responsibilities.
• Returning migrants: Non-renewable six months, or six months renewable for two periods up to 18 months.
• Do not meet the qualifying period: The number of months quoted determines the grant (6 months), but it cannot be extended if there is family responsibility.
• Released from prison: 6 months, extendable for another two periods up to 18 months.