This content provides a comprehensive overview of Spanish Social Security as enshrined in the 1978 Constitution and detailed in the General Social Security Law, focusing on its constitutional basis, principles, aims, and structural organization.
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Welcome to Valor
Laboral. In today's video, we'll be looking at
topic one of the
Social Security administrative exam
for this year, which focuses on
social security in the
1978 Spanish Constitution. We'll examine the text of the General
Social Security Law, specifically the first section, "
Social Security in the
1978 Spanish Constitution." Now, we'll discuss which
constitutional provisions
refer to social security within
our Magna Carta. The
basic regulation regarding social security in
the Spanish legal system is Article
41 of the Spanish Constitution. This is
the most important article we need to consider regarding
social security. It establishes that
public authorities will maintain—that is, a
a
social security system already existed—and when the
Spanish Constitution was approved, it simply states
that they will maintain a public
social security system for all
citizens. This system guarantees
sufficient social assistance and benefits in situations of
need, especially in cases of
unemployment. Supplementary assistance and benefits
will be provided. This
article is the most important and should be memorized.
memorized.
The fundamental characteristics
of the system we currently have are evident; that is, it is
a public system and must
be maintained by
public authorities. It also tells us that it is
universal. Why? Because it is for all
citizens, as we see here. It
also tells us that it guarantees
sufficient benefits and assistance
in situations of need, which is
the ultimate goal of any
social security system: to protect. Furthermore,
Article 41 also tells us that it
can be complemented with other
privately managed benefits as well as
public ones, which Article 41 has
classified as "free."
Here, I thought it was
also important to highlight Articles 1 and 2
of the consolidated text of the General
Social Security Law, which states that the
right of Spaniards to
social security established in Article 41 of
the Constitution is subject to the provisions
of this law. Article 2
establishes the principles and aims of
social security. Thus, the
social security system, configured by
protective action in its
contributory and non-contributory forms—
we will discuss this later—is based
on the principles of
universality, unity, solidarity, and
equality. Here it tells us, these are the
principles of the social security system we
currently have. The
aims of the social security system
are established in the second section, which
states that the State, through
social security, guarantees adequate protection to
individuals within its scope of
application, provided they meet the
requirements for
contributory or non-contributory schemes, as well as to their dependents
or those treated as such, against
against
the contingencies and situations
contemplated in this law. To
access benefits,
a series of
requirements must usually be met. Therefore, it states that if the
requirements are met,
social security will protect against that contingency,
which is an unfortunate situation that
arises when there is a state of
need, such as unemployment,
etc. In addition to Article 41, which we
have seen,
our Spanish Constitution
also includes a series of other articles
relating to social security within
Title I, which the
Constitution dedicates to fundamental rights and duties.
Chapter Two
establishes the following
rights, which are included in the
following articles: Article 14, which
always emphasizes equality; Spaniards
are equal before the law, without exception.
No discrimination shall prevail on
account of birth, race, sex, religion,
opinion, or any other
personal or
social condition or circumstance. Within the first section of
that first title, article
25.2 establishes that
people who are
serving prison sentences or who have
a series of rights and in
any case shall have the right to
paid work and the corresponding
corresponding
social security benefits. Within the third chapter of
that first title, which is dedicated to the
guiding principles of
social and economic policy, several articles are established.
In addition to article 41, article 39
establishes the social,
economic, and legal protection of the family, which includes many
many
social security benefits related to the family.
Article 43 establishes the
right to health protection, recognizing that
healthcare is also
part of the protective action of the
social security system. Here we
will have to look a little at how it is
financed, which is
somewhat different. Furthermore,
article 43, referring to health,
establishes that it is the responsibility of
public authorities to organize and protect
public health through preventive measures
and the
necessary benefits and services. Article 49 establishes the
rights and duties of all in this
regard. It states that
public authorities will implement a
policy of prevention, treatment,
rehabilitation, and integration of the
physically, sensory, and
mentally disabled, providing them with the
specialized care they require and
offering them special protection for the enjoyment
of their rights. This title grants
all citizens the right to [rights/supplements]. The term has
not yet been modified; it is true
that they are trying to change it, but I don't
know if they will. In my
opinion, I think it has become a bit
outdated because we know that the
Constitution is quite old.
But anyway, it is for those
people who need support. Article
Article
50 is dedicated to pensioners.
Public authorities will guarantee,
through adequate and
periodically updated pensions, the
economic sufficiency of citizens
during their old age. Likewise, and
regardless of
family obligations, they will promote their well-being
through a system of
social services that will address their
specific problems of health, housing, culture, and
leisure. It is important to highlight the
nature of these regulations. Article 53
establishes that the rights and freedoms
recognized in Chapter Two of
this title are binding on all
public authorities. And only by law in this
case must its content be respected.
Article 53 always establishes what
the guarantees of the articles of
this first title are. In the following
table we see that Article 25, which we already
knew was related to the rights of those
sentenced to
prison, is within that
second chapter of the first title in the
first section. Then the
appeal of
unconstitutionality can be filed. Article 39,
Article 43, Article
40, 49 and Article 50 form part of the
third chapter of those
guiding principles of social and
economic policy. These will inform
positive legislation,
judicial practice and the actions of
public authorities and can only be invoked before
the ordinary jurisdiction in accordance with
the provisions of the laws that
develop them within the
Spanish Constitution. Also, when
territorially organizing the state, it
establishes which powers belong to the
state and which belong to the
autonomous communities. And in matters of
social security, as we know, Article 148
outlines those powers that
the autonomous communities can assume, and these,
in matters of social security, can
assume social assistance and health and
hygiene. And on the other hand, Article Article 149
establishes that the state has
exclusive competence in the following
matters: external health, the general bases and
coordination of healthcare, and
legislation on
pharmaceutical products. Furthermore, it establishes that
the state also has exclusive competence
in legislation and the
economic regime of social security, without
prejudice to the execution of its
autonomous communities. Based on Article 41 of the
Spanish Constitution, the
social security system is configured, and
paying special attention to this
regulatory provision, it is configured as a
public system—we have
seen this many times, but it is not
important to dwell on it—and of a
mixed nature, although it is true that it has
a predominance of the
professional contributory component. Although,
well, Social Security is
universalist and welfare-based, and it also
has a legal determination from
Article 41, from which three levels of protection are derived:
basic, professional, and
complementary. The basic level is for
all citizens; it grants
uniform benefits, facilitating
compensatory income to meet
real basic needs.
This basic level attempts to
provide citizens who are
in a situation of very, very, very
need with a minimum of subsistence.
subsistence.
This is publicly managed and financed through
the general state budget.
In the case of healthcare
and social services, since these are
transferred to the autonomous communities,
the responsibility is financed through
regional funding. Within
this basic level are integrated many
benefits, especially those of a
non-contributory nature, which are
regulated in Article 109 of the
General Social Security Law. This article
establishes the nature of the benefits.
benefits.
Healthcare is non-
contributory, except when it derives from
work accidents and occupational diseases.
Disability and
retirement pensions in this modality are also non-contributory, as is
maternity leave, regulated in
Articles 181 and 182,
minimum income supplements, the minimum living income, etc.
The second level
derived from Article 41 is the
professional or contributory level. The
term "professional" extends to the
active population, that is, to all
workers. This level grants benefits
proportional to the contributions
made or the wages received and
ensures income to replace
lost earnings. It is
publicly managed and financed through
social security contributions. That is,
contributions from workers and
employers. This level includes
contributory benefits;
the name itself indicates that we contribute to be
entitled to them.
With our contributions, we contribute to be
able to receive them, and Article 109.3
of the consolidated text of the General
Social Security Law establishes their
nature. Among others, these
would be
permanent disability and retirement pensions in their
contributory form, all
benefits derived from
work accidents and occupational diseases
because, as they derive from work, they are considered
professional, as well as
financial benefits for temporary disability,
birth and childcare (
formerly maternity leave), risk during pregnancy,
etc. In addition to these two levels,
a third level has been established, which is
the complementary level. This is
voluntary and provides
supplementary benefits to those that
the social security system can provide. It can
be publicly or privately managed and is
financed by the contributions of the
participants. This complementary level includes,
among other things,
voluntary improvements to the protective action and
direct improvements to the
benefits. which is the responsibility of
companies, that is, it is paid by
companies, as well as the benefits provided
Up to this point, we have seen the
first of the sections established by
the Spanish Constitution regarding
social security. In the
Spanish Constitution, the consolidated text of the
General Social Security Law,
structure and content. Here I have given you
some background so that you can see
where our consolidated text
of the General Social Security Law derives from.
HM, the administrative syllabus, I think they have
tried to fit everything into a few
sections, but it is quite extensive.
So, well, if you want a little more
information, you can search on the internet,
but basically, the first
Social Security Law was based on the
Basic Law, which is Law 193 of 1963, and
its first articulated text
established the first Social Security Law.
Later, Decree
2065 of
1974 was approved, which gave rise to that first
consolidated text of the General
Social Security Law. There were a lot of reforms, a
lot of legislative regulations.
Approved. And then they decided to approve
Royal Legislative Decree 1 of 1994,
which is the predecessor of the current Royal
Legislative Decree 8205, which
approves the current consolidated text of
the General Social Security Law.
In addition to the consolidated text, which is the
law that regulates the entire system, it is
true that
other regulations, especially those of a
regulatory nature, must be taken into account. These regulations govern
many very important aspects of social security,
and throughout
the videos we will make, it is
important to consider them because they are
where all social security issues are regulated in a more
specific way.
Among others, the most
important are the General Regulation on
Benefits, which was approved through Decree
Decree
3158 of
1963; the General Regulation on the
Registration of Companies, Affiliation, Registrations,
Deregistrations, and Changes of Data, a
very important regulation approved by Royal
Decree 84 of
1996; the Regulation on the Collaboration
of Mutual Insurance Companies for Work Accidents and
Occupational Diseases; and the Regulation
on the Declaration and Review of
Permanent Disability, that is,
Permanent Incapacity. This
Royal Decree Also very important is
the General Regulation on Contributions and
Settlement of Other
Social Security Rights, approved by Royal
Decree 2064 of
1995. And finally, the
General Collection Regulation, approved by Royal
Decree 1415 of 2004. In addition to these
regulations, there are many other
rules that govern very
important aspects of social security. But
the most important ones are these, and
I advise you that when you
study the following topics, such as
contributions and settlement or
collection, you refer to these regulations.
The structure and content of the
consolidated text of the General
Social Security Law is as follows: it consists
of 373 articles distributed in six
six
titles, has 53
additional provisions, 44
transitional provisions, and eight
final provisions. This is updated to December
December
2023. In social security, they
usually approve a lot of
provisions, so I
recommend that before taking the exam,
you check if there have been any new
rules approved or if
new additional,
transitional, or even final provisions have been approved. Okay,
the first title, we said that there were
six titles. Title One is
dedicated to the general rules of the
social security system. It
regulates all general aspects,
establishing preliminary rules, the
scope of application and structure, issues
related to affiliation,
contributions and collection, the
plaintiff's action, the management of social security,
collaboration in management, the
economic regime, procedures and
notifications in matters of
social security, and inspection, infringements and
sanctions in matters of social security.
Title Two is one of the
most important titles since it will
regulate almost all
benefits. As most
people are employees, they will
normally be included in
the general scheme, so this
title will regulate all
benefits. It establishes the scope of
application of this general scheme, how
the registration of companies must be,
rules on affiliation, collection, contributions,
common aspects of this
protective action, and here it regulates all
benefits, including
temporary disability, birth and
childcare, risk during
pregnancy, risk during breastfeeding,
etc. Then it also establishes
provisions for two types of workers that
are slightly different. It
also establishes the special systems for
domestic employees and for
agricultural workers, who are
also included within the general scheme.
The third title, concerning management and the financial system, is
dedicated to
unemployment protection and regulates both the
contributory and non-contributory levels. It
establishes how unemployment benefits should be, the
requirements, the duration, and how the
system of actions works, etc. The
fourth title is dedicated to the self-employed,
that special system for self-employed workers, establishing
establishing
the scope of application, affiliation,
contributions and collection, the
protective action, and that special system for self-employed
agricultural workers
included within that special system.
The fifth title establishes and regulates the
benefit for cessation of activity, which is
unemployment for
self-employed workers. The sixth title regulates
non-contributory benefits, which, as we
have seen previously, had two
types within
contributory and non-
contributory benefits, and establishes
family benefits in that modality,
non-contributory disability and retirement pensions, as well as
common provisions for
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