The social Security It is a human right that guarantees health, medical care, protection of livelihoods and social services necessary for individual and collective well-being, as well as the granting of a pension.
The Social Security Law (LSS) regulates everything related to this issue and establishes the rules that seek to ensure access to health, medical assistance and the protection of the means of subsistence of social services for the individual well-being of workers and collectives.
In addition, it includes different topics, which range from individual work relationships, special jobs, strikes, work risks and others. On this occasion, we will share information about the regimes that are considered within the Social Security Law.
What are the regimes included in the LSS?
Article 6 of this law mentions the existence of only two regimes, the Mandatory and Voluntary. The same document is clear in saying that Social Security will have the responsibility of covering the contingencies and services that belong to each regime. This coverage can be done through cash or in kind and will always be done in accordance with the guidelines established by the LSS.
That is, in the case of pensions (for different reasons), it will be the Mexican Social Security Institute (IMSS) that covers them, also with regard to medical services. This same institution will be responsible for providing this care to the beneficiaries.
¿What is the Mandatory Social Security Regime?
The Mandatory Social Security Regime In Mexico it is not for the entire population, since it is a right provided by the State to employees for entering into a employment relationshipand that certain family members of the worker acquire by being part of certain social security institutes such as the IMSS.
This regime is a system of forced application of social Security that must be provided to an individual and his or her family, when it is part of an employment relationship; In addition, it also includes different insurance policies that guarantee the protection and well-being of farmers, non-salaried workers and other social sectors and their families, as ordered by article 123 of the Mexican Constitution.
The mandatory regime covers the following insurance according to article 11 of the Social Security Law:
- Work risks
- Illnesses and motherhood
- Disability and life
- Retirement, unemployment in advanced age and old age
- Daycare and social benefits.
It should be noted that the financing of the benefits of the Mandatory Regime It comes from the fees contributed by the State, employers and workers.
Characteristics of the Mandatory Social Security Regime
- The employer is obliged by law to register his workers for social security welfare (IMSS).
- The relationship maintained between the worker and the employer is through the payment of fees: to a greater extent for the employer and to a lesser extent for the employee.
- Benefits are calculated by the base contribution salary, benefits are considered.
What is the Voluntary Regime?
Through modality 33 of the Social Security Law, Affiliated persons can obtain access to medical services and specialized studies carried out by the health institute.
Candidates for voluntary insurance are independent or informal workers, professional service providers or any non-salaried employee.
In this modality, the payment of advance annual fees for each member who wishes to be insured and varies by age group. It is worth mentioning that this modality is valid for one year and must be renewed on the same dates that you registered for the first time.
The Voluntary Regime was created so that those economically active subjects, among others, who are not included in the mandatory regime, can enjoy the benefits of the IMSS.
The subjects, according to article 13 of the Social Security Law contemplate:
- Workers in family industries.
- To the independents, as professionals.
- Small merchants.
- Artisans.
- Non-salaried people.
- Domestic collaborators.
- Ejidatarios.
- Communards.
- Colonists.
- Small landowners
- Among others, the law excludes or does not understand them as subjects of social security.
In summary, the Voluntary Regime includes non-salaried professional people, but it represents a way out for guarantee medical service to people who do not have formal employmentthat is, it works as if it were private insurance.
To this Regime, people can join individually or collectively to have coverage of services offered by the IMSS such as medical care, medications, hospitalization, surgical interventions, laboratory studies and x-rays, basic dental service, maternity care, etc.
Differences: Mandatory Regime and Voluntary Regime
The main difference between the Mandatory and Voluntary Regime of the IMSS is that those who contribute in the mandatory regime work for an employer and the latter has the obligation to insure them; while those who contribute to the voluntary regime, although they were once employees, for some reason stopped contributing to the IMSS and now pay a monthly fee on their own to have certain benefits such as obtaining a pension once the time comes. to request it.
Another difference between the Mandatory and Voluntary Regime of the IMSS is that those who are in the mandatory regime, in addition to generating rights for pension purposes (sum of weeks contributed), also have the right to receive medical care at the corresponding clinic; and those who contribute to the Voluntary Regime only continue adding weeks of contributions but are not entitled to the medical service provided by the IMSS unless they pay another annual fee to the Institute to have that benefit.
The mandatory and voluntary regime of the IMSS are also known as the regime for salaried workers and COVORO (Voluntary Continuation of the Mandatory Regime) or Modality 40, respectively.
The Mandatory and Voluntary Regime of the IMSS includes the following insurance:
- Mandatory Regime: Work Risks, Illnesses and Maternity, Disability and Life, Retirement, Unemployment in Advanced Age and Old Age, Daycare and Social Benefits.
- Voluntary Regime: Disability and Life, Retirement, Unemployment in Advanced Age and Old Age.
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