New rule leaves workers not declared by companies without social benefits

When the existence of undeclared workers is detected, the presumption of employment is now three months, whereas previously it was one year. This change risks leaving many workers without access to support such as unemployment or parental benefits.

Since January, the detection of workers not declared to Social Security has had different consequences for the workers’ contribution career and the companies’ obligations. With the entry into force of changes to the contributory code, it was assumed that the employment relationship began just three months before verification of non-compliance, when the previous presumption was twelve months.

The change reduces the period of contributions that companies in default are obliged to pay, but it has direct impacts on workers’ rights, namely the access to contributory benefits such as unemployment benefit, sickness benefit and initial parental benefit. These benefits require a certain “guarantee period”, that is, a minimum number of months of Social Security discounts.

In the case of unemployment benefit, they are 12 months of discounts requiredcorresponding to 360 days in the 24 months prior to unemployment. Sickness benefit and initial parental benefit require six calendar months of contributions, consecutive or interpolated, and may include the month of the event. Exclusive benefits for fathers and mothers after childbirth also require at least one month of discounts in the last six months.

With the new rule, according to , when undeclared work is identified and there is no proof of another start date, only three months of retroactive contributions are recognized. This means that, in situations of unemployment, illness or parenthood occurring shortly after regularization, the worker can not meeting the minimum deadlines requiredleaving you without access to benefits or receiving lower amounts, especially if you have not had previous discounts.

The Government justified the change with the need to prevent “artificial constitution” of contributory careers for undue access to social support, within the scope of the plan to combat fraud. However, no specific cases were disclosed that support this concern, nor was the impact of the measure on workers in vulnerable situations or unaware of their rights clarified. The PS has already requested a parliamentary hearing on the diploma and the Government will be heard this Wednesday.