Social Security Membership: Requirements, Process, and Legal Status

Social Security System Membership Requirements

Membership is regulated by Article 13 of the General Social Security Law (LGSS) for the entire system.

Concept of Social Security Membership

It is an administrative act by which the General Treasury of Social Security (TGSS) recognizes the status of inclusion in the Social Security System to the individual who first performs an activity crucial for inclusion in the scope of implementation. (Membership is the legal title for the acquisition of Social Security rights.)

Key Features of Membership

Membership carries several defining characteristics:

• It is mandatory for persons included in the system for the purpose of rights and obligations under their contribution.
• It is unique and comprehensive for all arrangements of the System.
• It extends for the life of the persons included in the system.
• It is exclusive.

Membership and Social Security Number (SSN)

Membership is recorded on a general membership index, and each worker is assigned a unique Social Security number. This number is issued upon affiliation.

Methods of Applying for Affiliation

Social Security affiliation may be processed in the following ways:

1. At the Request of the Employer

Employers are required to apply for Social Security membership for those entering their service who are not already members.

2. At the Instance of the Worker

Self-employed or assimilated workers starting their business who are not already members are obliged to apply for affiliation. Employed workers or carers whose employer does not comply with the obligation imposed in the preceding paragraph may also apply for System membership.

3. Ex Officio (Automatic Affiliation)

Membership may be made automatically (ex officio) by the Provincial Directorate of the Treasury or the Social Security Administration. This occurs when the Labor and Social Security Inspectorate, through information gathered before the managing entities or otherwise, finds a breach of the obligation to apply for membership by the workers or employers concerned.

Location and Deadline for Membership Applications

Location

Applications for membership shall be addressed to the Provincial TGSS Administration in the province where the company servicing the worker (or similar) is domiciled, or within the boundaries of the self-employed establishment.

Deadline

Applications for membership should be made in advance of the worker's start date. The membership application will involve the initial registration of workers in the appropriate Social Security Scheme.