Social Security Law

Applications and litigation concerning service determination, premium debts, retirement and administrative fines.

Social security disputes are often discovered years later, at retirement. Yet a period of work that was never declared, or under-declared, is far easier to correct when identified in time.

What it covers

Service determination claims, objections to premium debts and administrative fines, disputes over old-age and retirement pensions, notification of occupational accidents and diseases, and recourse claims by the Social Security Institution under Law No. 5510.

Service determination claims

A person who claims to have worked without registration, or with under-declared days, may bring a claim to have that service determined. The claim must be filed within five years of the end of the year in which the service took place (Art. 86/9). This is a forfeiture period, not a limitation period — the court applies it of its own motion and the defendant need not raise it.

The distinction is decisive in practice: a claim filed after five years is dismissed even if the employer raises no objection at all.

Deadlines for administrative fines

An objection to an administrative fine imposed by the Institution must be filed with the Institution within fifteen days of notification. If the objection is rejected, proceedings may be brought before the labour court within thirty days of notification of that decision. Eligibility for the early-payment discount is tied to the same period.

Our approach

Early intervention is the most valuable step in this area. Keeping employment declarations, payslips and bank records in order protects the employer from administrative fines and the employee from loss of entitlement.

Learn More

  • Service determination actions
  • Premium debt objections
  • Administrative fines
  • Retirement disputes

Frequently Asked Questions

What is the deadline for a service determination claim?
Five years from the end of the year in which the service took place. This is a forfeiture period applied by the court of its own motion — the claim is dismissed without the defendant needing to object. It should not be confused with a limitation period.
How quickly must an occupational accident be reported?
The employer must notify the police immediately and the Social Security Institution within three working days of the accident (Art. 13). Late notification triggers both an administrative fine and consequences for the Institution’s recourse claim.
My pension application was rejected. What can I do?
The rejection may be challenged before the labour court. In practice the leading grounds for rejection are insufficient premium days and errors in the aggregation of service periods; the service record should therefore be examined in detail first, and any missing period completed through a service determination claim.

The information on this page is for general information only and does not constitute legal advice. Legislation and case law change; your situation must be assessed on its own facts.