The Institute of Social Security (ISS) clarified that employers can enter into employment contracts with foreign nationals even if they do not have a Social Security Identification Number (NISS). The employment contract is the fundamental element for a NISS to be assigned to a foreign citizen, as stated in a communiqué issued by the ISS.
This means that it is not necessary for the NISS to be included in the employment contract, so employers do not need to wait for the worker to have the NISS to sign the employment contract, according to the released note.
The ISS explains that after the NISS is assigned by Social Security, the employer must proceed to communicate the employment relationship through the Social Security Portal.
The following steps are necessary: menu Work > Entry, exit, and posting of workers > Admission of Workers > What can I do online? > Continue to actions > Communicate the worker’s contract and relationship, ensuring compliance with their contributory obligations.
The regularization of the contributory situation is essential to guarantee access to the rights and benefits provided for in the social security system, contributing to the protection of workers and the sustainability of the system, further explains Social Security.
Earlier this year, the Labor Minister refuted claims that ending the automatic assignment of the Social Security Identification Number (NISS) to immigrants would push workers into illegality.
Labor Minister Maria do Rosário Ramalho admitted, “This Government indeed changed the practice of complete automaticity and lack of criteria in the allocation of the NISS,” in response to socialist deputy Miguel Cabrita, who accused the Government of “pushing people into illegality” with the changes in access rules.
According to the minister, it is not this Government’s policy for the social security number to be assigned indiscriminately to anyone who wants it, whenever they want, without any justification, she emphasized.
However, this change does not mean pushing workers into illegality, the minister argued.
Companies that enter into an employment contract notify Social Security, and Social Security, by virtue of having that employment contract, automatically assigns the NISS to the worker. Therefore, there is no pushing people into illegality, she justified, stating that the change is part of the Government’s policy of regulated immigration.
The Security Social’s communiqué can be found here.
