Who should be insured in Social Security in Mexico? (IMSS)

July 10, 2024

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Hector Galicia

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The mandatory regime of social security in Mexico establishes that certain people must be insured to guarantee their social protection and access to essential benefits.

Paid personal, personal and subordinate service

 One of the key criteria is the concept of paid, personal and subordinate personal service.

This concept refers to those people who perform work for another physical or legal person under the following conditions:

  1. Paid:

The worker receives financial compensation for his services.

2.     Staff:

The work must be carried out directly by the person providing the service; it cannot be delegated or subcontracted to third parties without losing the essence of the direct employment relationship.

3.     Subordinate:

There is a dependency relationship, where the employer has the power to direct the worker's work, establish schedules, supervise performance and exercise a certain degree of control over the employee's work activities.

Practical example

To better understand this definition, let's consider a practical example: Juan is hired by a company to perform administrative tasks.

He receives a fixed monthly salary and must comply with a work schedule established by his employer.

Additionally, you receive direct instructions from your supervisor on how to perform your daily tasks and must regularly report on your progress and results. In this case, Juan is working in a paid, personal and subordinate personal service regime, which implies that he must be insured under the mandatory social security regime.

It is essential to comply with these provisions, as failure to do so can result in both employers and workers facing serious consequences. For example, if a worker falls ill or dies and is not insured, his or her family may face difficulty accessing health care or pension benefits offered by the social security system.

Conclusions

This criterion is crucial to ensure that workers under these conditions receive adequate benefits and protections according to the social security system in force in Mexico.

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Written by Hector Galicia

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