Abstract

TAVERA RAMIREZ, Flor de María; OSEGUERA MENDEZ, Jaime Darío  and  HERNANDEZ SILVA, Virginia. The constitutive capital within the Social Security in Mexico. Rev. latinoam. derecho soc [online]. 2019, n.28, pp.237-250. ISSN 2448-7899.  https://doi.org/10.22201/iij.24487899e.2019.28.13150.

The figure of the Constitutive Capital contained in the Social Security Law is of such importance as a means to ensure the attention of workers and their beneficiaries in case of work risk or general illness, which guarantees the benefits in kind and in money to which they are entitled in spite of the non-fulfillment of insurance, to subsequently exercise their collection over the omitted pattern. The objective of this document is to analyze this figure through a descriptive documentary research that seeks to create awareness among employers about the convenience of insuring their workers. Concluding that although the figure of the constituent capital could be considered as a coercive means of insurance, it is rather a figure of compensation for the damage.

Keywords : constitutive capital; labor risk; social security.