Individuals Sentenced To Community Service Will Have Their Social Security Protection Safeguarded

27 April 2009

Royal Decree 2131/2008 dated December 26 (Official State Gazette dated January 19, 2009) has modified the previous regulation, established in Royal Decree 782/200, July 6th, on Social Security protections for individuals who are currently serving community work sentences.

Said protection only covers contingencies such as work-related accidents and illnesses which these individuals may suffer during when performing said work. This coverage is provided by Spanish Social Security. This reform establishes that it is the Interior Ministry itself that assumes the affiliation, registration and contribution obligations for the individuals, thus releasing the legal entities for whom they work who had been previously liable for said coverage.

It is for this reason that that the law includes a series of specifications as regards the Interior Ministry’s compliance with the administrative procedures for Social Security, such as the deadlines for the notifications of registration and withdrawals, the type of contribution that will apply when determining the contribution amount, the date of payment of the contributions and, finally, the obligation to issue the work-related accident reports when theses occur for the purposes of recognition and payment of benefits.

For further information, please contact Ana Gómez Hernández :