Self-employed workers also have the right to access unemployment benefits. To do this, they have to meet a series of requirements. This specific new measure was included in the modifications introduced in 2014 within the General Social Security Law.
Currently, self-employed workers can collect unemployment benefits if they contribute for it, in addition to doing so due to temporary disability (occupational diseases and work accidents), which is therefore something voluntary that must be taken advantage of. This year, those who only contribute for temporary disability can choose whether to switch or not. Contributions for occupational diseases and work accidents have also become voluntary. Those who now pay for both concepts will be able to cancel their temporary disability coverage when the renewal date arrives, which is annual.
What are the requirements that a self-employed person must meet to collect unemployment benefits?
First of all, the self-employed must be registered with Social Security, and be up to date with the payment of the corresponding fees, as well as have the relevant professional contingencies covered.
The self-employed professional cannot have reached retirement age, unless you have proven a contribution period required for this. Furthermore, no incompatibility other than those provided for in Law 32/2010, of August 5, can occur.
The self-employed person must have a minimum contribution for cessation of activity of at least 12 months, that must be followed and prior to that cessation, including the same month in which it occurs. The reason for the self-employed person to terminate the business activity must be economic, technical, productive or organizational, loss of administrative license, cause of force majeure, case of gender violence, divorce or marital separation agreement, and must be justified.
Regarding economic reasons, The novelty has been introduced that demonstrating and accrediting through documents a loss level of 10% is sufficient (before it was 30%). Finally, the self-employed person must sign the activity commitment to maintain the unemployment benefit, carrying out activities that the Public Employment Service may convene. These activities can be training, professional guidance or promotion of entrepreneurial activity. In addition, you must comply with your own obligations specified in articles 17.1 g) and h) of Law 32/2010, of August 5.
The self-employed, of any age, can collect unemployment for nine months
Until April of last year, only those under 30 years of age could finish collecting unemployment benefits while starting a self-employed activity. The Government established a normative so that there was no age limit and in this way anyone could collect it. Of course, in a period of nine months. For its part, the period of a maximum of 270 days to make the registration and payment of the benefit compatible remains the same, as well as the steps to follow to process this request.
In article 33 of the legal text, the same requirements that existed previously are established: “a maximum of 270 days or the shorter time pending receipt, provided that the managing entity is requested within a period of 15 days from the start date of the self-employed activity, without prejudice to the right to compatibility of the benefit taking effect from the start date of such activity.
Being self-employed and continuing to collect unemployment is not compatible in the event that you want to “sign a contract for the performance of your professional activity with the employer for whom you had provided your services as an employee immediately prior to the beginning of the legal situation. of unemployment or a company of the same business group as that one”, as indicated by the law. This measure is very interesting to avoid certain layoffs that have been occurring since the beginning of the economic crisis: when companies warn their workers that they will only be able to keep their jobs if they become self-employed.
If you are collecting unemployment but you only do sporadic work
This situation occurs to the unemployed more often than we can imagine. It is one of the great doubts that, in addition, is always accompanied by the fear of losing the benefit due to making false steps and having problems with Social Security. It may be that you are collecting unemployment and you have a couple of sporadic jobs, but it is not worth registering as self-employed, because in reality you are going to continue looking for a job as an employee, or for any other reason. Don't worry because there is a simpler solution than signing up for RETA.
In this case, the same doubt as always arises: billing for a couple of jobs without registering as self-employed, but with the addition that you are collecting unemployment. Nothing happens if you invoice a couple of times a year, yes, registering with the Treasury to be able to invoice and informing your office that you have carried out these works so that they can stop the benefit during that time.
Also remember that with the regulations supporting self-employment you can be self-employed and hire a worker, without losing your bonus, such as the flat rate of 50 euros in your Social Security contribution. Furthermore, in principle, according to what is established in the law, you will not lose unemployment even if you are self-employed and contract. We also remind you that when registering as self-employed, if you are collecting unemployment benefits, it is very interesting to evaluate the other two possibilities that Social Security offers you: the single payment of your unemployment benefit and the capitalization of unemployment for the payment of your monthly payments as a self-employed person.
As you can see, there are many possibilities to be able to start your business and collect unemployment at the same time, to have an economic cushion that helps you face the initial payments, which as you know are many.
Any questions that may arise in relation to your activity as a self-employed person can be consulted by our experts in tax and labor matters. contact with us and we will call you.
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