Social Security Benefits and Entities in Spain
Classified in Law & Jurisprudence
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Social Security:
A set of rules and institutions aimed at assisting and protecting citizens against certain claims or states of need, ensuring their prevention.
Entities and Solicitors:
- INSS (National Social Security Institute): The organization responsible for the recognition and management of the right to economic benefits within the Social Security system during its contributory phase. It also recognizes the right to family benefits and healthcare, except for unemployment benefits. It manages the Social Institute of the Navy.
- IMSERSO (National Institute of Migration and Social Services): Manages the rights to economic benefits of the Social Security system during its non-contributory phase. IMSERSO is also responsible for managing complementary services for the elderly.
- Social Institute of the Navy: Manages the Special Scheme for Navy employees and has jurisdiction over the management, administration, and recognition of the entitlement to benefits for its members.
- National Institute of Health Management: Has authority in Ceuta and Melilla.
Services:
- General Treasury of Social Security (TGSS): A common and unified service where all economic resources of the Social Security system are managed. It has powers related to company registration, employee membership, management and control of contributions, and collection of fees and other funding sources.
- Computer Management: Controls and coordinates the computer services of the Social Security system.
Staff Delegates:
Companies with a workforce not exceeding 49 employees per work center (less than 10 for the TMB, but a delegate should be the majority and there must be at least 6 employees). 11-30 employees: 1 delegate, 31-49 employees: 3 delegates.
Business Committee:
For companies with 50 or more workers.
Collaborating Organizations:
- Employer Mutuals: Business associations authorized by the Ministry of Labor to collaborate in the management of contingencies related to accidents and occupational diseases of the personnel working for those companies.
Covered services include:
- Economic benefits arising from work-related accidents and health.
- Temporary disability economic benefits due to common diseases.
- Prevention of occupational risks.
Companies are mandated to make advance payments of certain benefits on behalf of the system. Subsequently, these payments are deducted from the levy of fees to be paid. Some companies voluntarily grant additional benefits to their employees, such as healthcare.
Autonomous Bodies:
- State Public Employment Service: Formerly known as INEM, its function remains to declare the recognition, suspension, and/or termination of unemployment benefits in any of their modalities.
- National Institute of Occupational Safety and Health at Work (INSHT): A specialized scientific and technical state body with the mission of analyzing and studying the conditions of Safety and Health at Work, as well as promoting and supporting their improvement.
Contributory Mode:
For employed workers, self-employed individuals, co-partners of associated work employees, students, and public officials, both civilian and military.
Special Systems:
Agricultural, Maritime Workers, Self-Employed Workers, Domestic Employees, Coal Mining Workers, Civil Servants (civilian or military), and Students.
Social Security Benefits:
- Healthcare: Includes medical care and pharmaceutical assistance.
- Economic: Temporary disability, maternity, risk during pregnancy, disability, retirement, unemployment, death and survival benefits, and family benefits for dependent children.
- Social: Re-education and rehabilitation of disabled individuals, and assistance for the elderly.
- Non-contributory: Disability pension and child allowance.
Unions:
Any association of employed workers, non-profit, with the objective of maintaining and improving working conditions.
Exceptions:
Judges, magistrates, prosecutors, members of the armed forces, and military trade union bodies.
Types of Unions:
Trade or profession, industries, territorial, and union federations.
Collective Bargaining Agreement:
An agreement signed by representatives of the workers and by employers, establishing the working conditions of the employees within its scope.