The procedure for registering worker data in Social Security is modified

On August 4, the BOE published Royal Decree 997/2018, of August 3, which modifies the General Regulation on company registration and affiliation, registrations, cancellations and variations of data of workers in Social Security, approved by Royal Decree 84/1996, of January 26.

The General Regulation on registration of companies and affiliation, registrations, cancellations and variations of data of workers in Social Security, regulates the ways to promote the registrations, cancellations and variations of data of workers in the regimes of the Social Security system, as well as the procedures, requirements, recognition and effects of said actions.

The experience in the management of registrations, cancellations and variations of data carried out ex officio by the General Treasury of Social Security when non-compliance with the obligation to communicate them by companies or, where appropriate, by workers to those that this obligation entails, as a consequence of the actions of the Labor and Social Security Inspection, determines the need to guarantee that such procedures processed ex officio can be investigated until their final resolution, without being obstructed or affected by actions that seek to distort them.

The planned modifications provide that the request and issuance of reports by the Labor and Social Security Inspection, currently optional for the purposes of the processing and resolution of registrations, cancellations and variations of data, will be mandatory for the resolution of those requests for dismissal that are made after ex officio registrations have been made, with respect to the same workers, at the request of said state body.

Likewise, it is established that they will not produce effects or extinguish the obligation to contribute those withdrawals and variations in data formulated by the companies and, where appropriate, by the workers when they affect the periods included in the minutes of the Labor and Social Security Inspection that motivate the processing of procedures for registration and variation of ex officio data, by the General Treasury of Social Security, with respect to the same workers affected by them.