This question has to start with the position in the statutory text, because the article of Law 5953 devoted to social insurance is no longer in force.

Article 23 Has Been Repealed

In the official text the article appears as: Social insurance: Article 23 — (Repealed: 17/7/1964 — Art. 141 of Law No. 506.)

The special provision of Law 5953 on social insurance was removed in 1964 by Article 141 of the Social Insurance Act No. 506. The subject was transferred to general social security legislation.

The Premium Provision Still in Force in Law 5953

One provision on insurance premiums does remain in force. After providing that the wage is paid monthly in advance, Article 14 adds: "The payment of the insurance premiums on additional payments is mandatory."

This is one of the most frequently missed points in practice. Additional payments made to a journalist — including payments under Article 15 for work outside the contract and for commissioned pieces — are subject to premiums.

PaymentPremium
Monthly wageSubject
Additional paymentsArt. 14 — payment of premiums is mandatory
Pay for work outside the contract (Art. 15)Art. 15 — insurance premiums mandatory
Overtime pay (Add. Art. 1)A payment in the nature of wages
Annual bonus (Art. 14)A payment in the nature of wages

Article 15 is equally clear: separate pay is made for work done by a staff journalist outside their contract and for pieces commissioned or accepted for publication, and the insurance premiums on those additional payments must be paid.

Payment into a Bank Account

Article 14 provides for the power to regulate the payment of the wage, premium, bonus and every kind of entitlement of that nature by deposit into a specially opened bank account. The criteria listed include the type of tax liability, the size of the business, the number of journalists employed and the province of the workplace.

The Notification Specific to Law 5953: Article 9

Although social security registration is governed by general legislation, Law 5953 has its own notification obligation, which does not replace the social security filing but is added to it.

Under Article 9, the making of the contract by the employer and its termination by the terminating party is notified by declaration within fifteen days to:

  • The Regional Directorate of Labour
  • The civil administration
  • The journalist's union if they are a member, otherwise the professional body with the largest membership

The rest of the article explains the function: the civil administration sends a copy of these declarations to the competent institution for the determination of the journalist's seniority.

Checklist

  • Has a written employment contract been made? (Art. 4)
  • Was the declaration filed within fifteen days of making the contract? (Art. 9)
  • Is the wage paid monthly in advance and into a bank account? (Art. 14)
  • Are the premiums on additional payments being paid? (Arts. 14, 15)
  • Is overtime paid with the following wage payment? (Add. Art. 1)
  • On termination, was the declaration filed within fifteen days? (Art. 9)

Bottom Line

Article 23 of Law 5953 on social insurance was repealed in 1964; registration and premium obligations follow general social security legislation. Two provisions remain in force in the Law: the mandatory premiums on additional payments in Articles 14 and 15, and the fifteen-day declaration in Article 9.