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Ministry of Labour and Social EconomyEmployment and Social Security Adviser. Ministry of Labour and Social Economy
Employment and Social Security Adviser
Employment and social security advisers exercise a regulated profession as legal advisers in socio-labour matters, acting as experts in labour relations and human resources. Together with lawyers and other legal professionals, the advisers are authorised to intervene before the judicial bodies of the social jurisdiction. In this regard, article 545.3 of the Organic Law of the Judiciary establishes that "in labour and Social Security proceedings, technical representation may be provided by a registered social worker, to whom the obligations inherent to his or her function shall apply, in accordance with the provisions of their professional legal system.”
Core Competencies Include:
- In administrative proceedings: representation and technical management of proceedings before the Labour Inspectorate, during conciliation prior to legal proceedings, and before the National Institute of Social Security (INSS), the General Treasury of Social Security (TGSS), or the Institute for the Elderly and Social Services (IMSERSO), among others.
- In the courts: representation before social security courts in all types of labour or social security proceedings such as dismissals; contributory and non-contributory benefits; INSS; salary claims; professional classification; sanctions; or acting as experts in labour and social security matters before the Courts of Justice.
- Providing services to employers and advising employees on a wide range of issues.
- Services to Social Security beneficiaries include entitlement; advice and processing of benefits; retirement; disability, widowhood, widowerhood; orphanhood and social assistance.
Access to the Profession
To practice as an Employment and Social Security Adviser, the following requirements must be fulfilled:
- Possession of a diploma certifying specific training for professional practice. The exact title of the degree varies depending on the curriculum in force at the time it was obtained (Employment and Social Security studies in the former Schools of Social Relations or Diplomas in Employment and Human Resources "Graduado Social") and the name awarded by each University (the most common currently is Degree in Employment and Human Resources, also Degree in Labour Relations and Employment, among others).
- Registration with the Official Association of the province where the principal professional activity will be carried out.
- Citizens of the European Union and the European Economic Area must also hold:
- A declaration of equivalence for the qualification.
- Statement of Comparability: official recognition granting access to this regulated profession in Spain.
Responsibilities by Ministerial Department:
- Ministry of Labour and Social Economy Competences:
- The issuing of diplomas of "Employment and Social Security Adviser (Graduado Social)" obtained prior to the incorporation into university education (up to and including the 1980 study plan).
[Click here to access the information note on the procedure for issuing these diplomas or their duplicates].
- The issuing of diplomas of "Employment and Social Security Adviser (Graduado Social)" obtained prior to the incorporation into university education (up to and including the 1980 study plan).
- Ministry of the Presidency, Justice and Relations with the Legislature (Judicial Administration and Court Services Division), pursuant to Royal Decree 204/2024 of 27 February, has the following competences:
- Exercise of the powers attributed by the regulations governing access to the profession of Employment and Social Security Adviser.
- Relations with the General Council and Official Associations of Employment and Social Security Advisers of Spain. Relations with the Ministry of Labour and Social Economy, in accordance with Article 109.1 of the General Statutes of the Official Associations of Employment and Social Security Advisers, Royal Decree 1415/2006 of 1 December 2006..
- Ministry of Science, Innovation and Universities Competences: Statement of Comparability for academic credential recognition obtained within foreign higher education systems to official Spanish academic levels of undergraduate and postgraduate degrees, without such qualifications conferring the right to practice a regulated profession in Spain, pursuant to Royal Decree 889/2022 of 18 October.