Social Security Law
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ScribdTranslationsSocial Security Law
Uploaded by
ScribdTranslationsSocial Security Law.
Syllabus:
Unit I: Conceptual framework.
Unit II: Historical framework.
Unit III: Sources of Social Law, and sources of social security.
Unit IV: Mexican Social Security Institute IMSS.
Unit V: Procedural law of social security.
Literature:
Briseño Ruiz Alberto.
Social Security Law.
TASK READING PAGES 1-12.
Ruiz Moreno Angel Guillermo
New social security law.
Federal Labor Law.
IMSS Law.
Social Security Law – Human Law.
Part One: Terminological Clarifications.
“When it comes to social security pensions, if the state can't do it, then
no one can.” Fernando Suarez Gonzalez
“As expensive as social security may seem, it is less burdensome than
the risks of revolution.” Otto von Bismarck
Social Security.
The basic instrument of social security
Historical basics of social security
The insured (beneficiaries) must belong to economically weaker classes.
Fees or contributions to cover benefits in cash or in kind, pensions,
subsidies or financial aid, medical, surgical, pharmaceutical, hospital
care, social services, fees that are formed by contributions from
employers, insured persons, and the state.
It is administered or provided by the state, through an institution in
charge of providing such public service, that is, a decentralized public
body of the federal government with autonomy, legal personality and its
own assets, which has its own legal system, not only in terms of its
creation, but also in terms of the public function entrusted to it,
providing the obligatory and non-profit public service.
The insured must belong to weak economic classes
The quotas are tripartite in terms of their payment.
It is administered by the State.
Payment of benefits is required.
It must operate under scientific principles that guarantee financial
subsistence.
Social security protects against:
Socio-vital contingencies.
Events that interrupt or extinguish income.
Facts that make the income insufficient (social charges).
Facts that lower the level of dignity of life or prevent its elevation,
plenitude or self-sufficiency (coexistence problems).
Essential Functions of Traditional Social Insurance.
Prevent damage.
Attenuate or compensate for it if it occurs.
To improve human life by rehabilitating, training, anticipating the
prevention of social damage and mitigating its harmful effects.
Fundamentals of Social Security.
Bail bonds:
o Address the contingencies covered by the plan through
benefits.
o Administration costs.
o The necessary facilities.
o Financial reserves that guarantee the fulfillment of its
objectives (savings in the hands of the government).
Social groups:
o Society's interest in their care.
o Economic capacity generated through permanent income.
o Similar conditions to address the uniformity of social
security.
Homework for Monday: read: New social security law in Mexico. Angel
Guillermo Ruiz Moreno. Chapter 11 Page. 221-248. Women's rights.
Principles of Operation of Social Security.
Transparency.
Unit.
Simplicity.
Modernity.
Transparency:
Social security.
The protection that society provides to its members through a series of
measures against economic and social deprivation which, if not
provided, would result in the disappearance or a sharp reduction in
income due to illness, maternity, work-related accidents or illnesses,
unemployment, disability, old age and death; also protection in the form
of medical assistance and aid to families with children.
ILO: “Social security: Guide to workers’ education”.
Social security is the set of principles and norms that, based on social
solidarity, regulate the systems and institutions intended to provide
legally guaranteed protection in cases of biological and economic need
determined by social contingencies.
Miguel A. Cordini
Universal Declaration of Human Rights, article 22:
Everyone, as a member of society, has the right to social security and is
entitled to realization, through national effort and international
cooperation and in accordance with the organization and resources of
each State, of the economic, social and cultural rights indispensable for
his dignity and the free development of his personality.
Sources of Social Law.
Page 152-162 Ruiz Moreno.
Traditional sources of Mexican law.
Law
Habit
Jurisprudence
Doctrine
General principles of law
Legal nature and organic structure of the IMSS.
1 A:
A non-profit organization founded in 1943 to address risks specified in
the Social Security Law.
Created by Manuel Ávila Camacho. Regulatory law of art 123, F xxix
section A.
Mission: Basic instrument of social security established as a national
service for all workers and their families.
Decentralized body
o Exempt from paying taxes
o It has a denomination
o Own address
Organic structure
General Assembly 10, 10 and 10
General management
Regulatory direction
Technical Council 4, 4, and 4
….
Internal control body
Delegations
UMA is a Highly Specialized Medical Unit.
2 A:
Legal nature and organic structure of the IMSS.
Legal nature:
Decentralized body
Public service of national character: satisfying a collective need of a
material, economic or cultural nature
Autonomous fiscal body
IMSS decentralization by services.
Created by legislative act or executive decree
Own structure and legal regime
Different procedural address and administrative address.
Organic structure.
General Assembly 30 members
Federal Executive
Patron Representatives
Workers' Representatives.
H. Technical Council
General Management
Secretary General
Regulatory Addresses
Internal Control Body
Represents the institute before the Secretary of Public Service.
35 delegations, distributed throughout the country
UAME´s