The Resolution of September 15, 2015, of the General Directorate of Social Security Regulation, published in the BOE on September 19 and in force since yesterday, establishes an option period for coverage of protection due to cessation of activity, for self-employed or self-employed workers, during the year 2015.

The Law 35/2014 of December 26, introduced important changes in Law 32/2010 of August 5, which establishes a specific system of protection for cessation of activity for self-employed workers, with the aim of making the requirements for access to the benefit more flexible and expanding the potential beneficiaries.

Among the changes in the legal regime of this benefit, the voluntary nature of its coverage is established. In this way, the obligation to cover protection for cessation of activity was eliminated in those cases in which the self-employed worker was protected by professional contingencies.

However, LAW 35/2014, did not establish a deadline for self-employed workers registered on January 1, 2015 (date of entry into force) to choose to maintain or renounce coverage for cessation of activity, a gap that will be filled with the resolution. which is presented in the following terms:

• Self-employed workers who are affected

The Resolution is addressed to self-employed or self-employed workers who are already registered in the RETA or in the Special Regime for Sea Workers on December 31, 2014 and had termination coverage arranged on that date. of activity on a mandatory basis.

• Deadline to waive coverage due to cessation of activity and effective date of waiver

For those who have not exercised the right of option during 2015, the term to waive coverage due to cessation of activity ends, as indicated, on September 30, 2015.

The effective date of the coverage change will be:

• The first day of the month following the date of the request when:

• Submit until September 30, 2015.

• It was presented at a time prior to September 20, 2015 (the date of entry into force of the Resolution) and is reliably recorded.
• In these cases (of which the self-employed workers of the RE del Mar are excepted), upon request of the interested party, the fees paid for the cessation of activity benefit will be refunded for the period between the date of the effects of the resignation (remember: first day of the month following the request) and the first day of the month following the entry into force of the Resolution (October 1, 2015), in accordance with the provisions of the General Collection Regulations of Social Security.

• On January 1, 2016, when the application is submitted on or after October 1, 2015.

If you need more information about this new regulation, or want to ask us any other questions about your business, you can contact us through our form, or directly at our offices, at Calle Constitución 24 in Cieza (968 45 46 24).