In this article we will explain the benefits to which self-employed workers are entitled.
The benefits for the self-employed are financed by the contributions they make each month to the Social Security through their contribution, which is why the amount of the benefit is related to the base on which the self-employed worker pays contributions each month.
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Main benefis por self-employed workers
These would be the main benefits:
Temporary incapacity benefit
The Social Security recognises the same benefits and conditions for the self-employed as for workers covered by the General Social Security Scheme in terms of health care.
The formalisation of this cover will be carried out with the same Mutual Society collaborating with the Social Security with which the TD cover was formalised when the registration was processed, by means of the form for DIRECT PAYMENT of TD.
Declaration of the activity situation
In addition to accrediting the general requirements demanded, the self-employed worker must submit to the Mutual Social Security Collaborating Society with which they have arranged the TI contingency, a declaration on the official form regarding the person directly managing the mercantile, industrial or other establishment they own or, where applicable, the temporary or definitive cessation in the activity carried out during their temporary incapacity process.
Deadline for submission:
- Within the 15 days following the date of sick leave.
- For the duration of the TD situation, the worker will be obliged to submit this declaration every six months, starting from the date on which the situation begins, if required to do so.
Amount of the benefit
The amount is obtained by applying the corresponding percentages to the regulatory base.
- If it derives from a common illness or non-occupational accident:
- 60% of the regulatory base for which contributions are being paid, which will be paid from the fourth to the twentieth day of the sick leave, both inclusive.
- 75%, to be paid from the 21st day.
- If it derives from an accident at work or occupational disease, 75% of the BR will be paid from the day following that of the sick leave, provided that the interested party had opted for coverage of occupational contingencies at the time of registration.
Special TI situations for working women:
- Secondary incapacitating menstruation:
- From the first day to the twentieth: 60% of the regulatory base. From the 21st day: 75% regulatory base.
- Interruption of pregnancy, voluntary or not, and the first day of the 39th week of gestation:
- From the second to the twentieth day: 60% of the regulatory base. From the 21st day: 75% of the regulatory base.
Maternity / Paternity benefit
Maternity cover entitles you to a benefit for 16 uninterrupted weeks from the day on which the rest period begins, or on the date of the birth.
The conditions for entitlement are as follows:
- You must be registered with the Social Security system
- A minimum contribution period, which varies according to age, must be covered:
- If the workers are under 21 years of age on the date of the birth or on the date of the administrative or judicial decision of foster care or of the judicial decision establishing the adoption: No minimum contribution period is required.
- If the workers are 21 years of age and under 26 years of age on the date of the birth or on the date of the administrative or judicial decision on foster care or the judicial decision establishing the adoption: 90 days within the 7 years immediately preceding the start of the leave.
- 180 days of contributions during their working life prior to that date.
- If the worker is 26 years of age on the date of the birth or on the date of the administrative or judicial decision on foster care or the judicial decision establishing the adoption: 180 days within the 7 years immediately prior to the start of the leave.
- 360 days of contributions during their working life prior to that date.
- Be up to date with the payment of contributions.
The financial benefit for the birth and care of a child will consist of a subsidy equivalent to 100% of the regulatory base, which will be the contribution base for common contingencies in the month immediately prior to the month prior to the month in which the causal event occurred, divided by the number of days to which said contribution refers.
The financial benefit to be received is 100% of the corresponding regulatory base, which as a general rule will be the one established for the benefit for temporary incapacity derived from common contingencies, taking as a reference the date of the start of the rest period.
Self-employed workers who cease their activity due to the birth of a child, adoption, guardianship for the purpose of adoption, fostering and guardianship and who wish to return to self-employment within two years of the date of cessation, will be entitled to a rebate, during the 24 months immediately following the date of their return to work, of 80% of the contribution for common contingencies, resulting from applying the contribution rate for common contingencies, excluding that corresponding to TI derived from common contingencies, to the average base for the twelve months prior to the date on which they ceased their activity.
Benefit for risk during pregnancy
This is provided to self-employed women who have to cease their activity before the birth due to a possible negative impact on the health of the foetus.
The requirements to apply for this benefit are:
- To be registered with the social security
- Be up to date with the payment of social security contributions.
- You must have a certificate from the Public Health Service.
- Submit the application within 15 days, declaring the impossibility of being able to carry out any type of professional activity.
The amount of the benefit is 100% of the regulatory base.
The benefit begins the day after the medical certificate is issued and requires immediate cessation of activity.
Cessation of activity
The self-employed have a specific system of protection in the event of cessation of activity, known as unemployment for the self-employed, which is compulsory.
Its purpose is to provide the self-employed with a financial benefit in the event that they are forced to close down and cease their activity.
Requirements that must be met to access the benefit
The requirements for the aforementioned groups to access the benefit for cessation of activity or unemployment of the self-employed are:
- To be affiliated and registered with the Social Security.
- To have a minimum contribution period for cessation of activity of 12 months in the 24 months immediately prior to the legal situation of cessation of activity. It should be borne in mind that during the flat-rate benefit, no contributions are paid for cessation of activity.
- Be in a legal situation of cessation of activity, duly justified.
- Sign the activity commitment and accredit active availability for reincorporation into the labour market through training activities, professional guidance and promotion of entrepreneurial activity.
- In the event of definitive termination, not having reached the ordinary retirement age, unless the required contribution period has not been accredited.
- Be up to date in the payment of Social Security contributions.
- None of the incompatibilities provided for in the revised text of the General Social Security Act apply.
The application for severance benefit shall be submitted to the Mutual Society chosen at the time of registration.
The application may be submitted up to the last day of the month following the month in which the cessation of activity occurred. If the application is submitted after the deadline has passed, and provided that the self-employed worker complies with the rest of the legal requirements, the days between the date on which the application should have been submitted and the date on which it was submitted will be deducted from the period of payment.
Reasons why you can apply for unemployment benefit
- Economic, technical, organisational or production causes that make it unviable to continue with the activity:
- Losses derived from the development of the activity in a full year, greater than 10% of the income obtained in the same period, excluding the first year of the activity.
- Judicial or administrative executions for the collection of debts, representing at least 30% of the income of the last financial year.
- Judicial declaration of bankruptcy that prevents the continuation of the activity.
- Reduction of 60% of the working day of the entire workforce or suspension of 60% of the company’s contracts.
- Self-employed workers who do not have salaried workers and have debts due to creditors that exceed 150% of ordinary income or sales for the previous two fiscal quarters.
- Force majeure, determining the temporary or definitive cessation of the activity.
- Loss of administrative licence.
- Gender violence that causes the temporary or definitive cessation of the activity of the self-employed worker.
- Divorce or marital separation agreement that causes the cessation of family support functions in the business of the ex-spouse or the person from whom they have separated, on the basis of which they are included in the Self-Employed Workers’ Scheme.
You will be able to access the economically dependent self-employed person’s cessation of activity benefit in the following cases:
- Termination of the duration of the contract or completion of the work or service.
- Serious breach of contract by the client.
- Termination of the contract for justified or unjustified cause by the client, in accordance with the provisions of Law 20/2007.
- Death, incapacity or retirement of the client, provided that this prevents the activity from continuing.
And the law also provides protection for:
- Self-employed workers due to their status as partners in capital companies. when they involuntarily leave their position as director or administrator, or when they no longer provide services for the same and, in addition, these circumstances concur:
- Losses arising from the conduct of business of 10 % in a full year.
- Decrease in net worth of less than 2/3 of the share capital figure.
- Working members of worker cooperatives.
- Self-employed workers who carry out their professional activity jointly.
The benefit period will be calculated on the basis of the periods for which contributions have been paid by the worker in the 48 months prior to the legal cessation of activity.
The amount of the benefit for termination of activity will be 70% of the regulatory base, calculated according to the average of the bases for which the self-employed person had paid contributions during the 12 months prior to the legal situation of termination of activity.
For terminations due to partial temporary force majeure, 50% of the regulatory base will be applied.
