The new benefit for the self-employed affected by cyclical or sector ERTE may be charged for a maximum of one year

The Government proposes a new protection scheme, which includes the ordinary termination benefit and new extraordinary benefits

MADRID, 14 Jun. (EUROPA PRESS) -

The Ministry of Inclusion, Social Security and Migration has designed a new social protection scheme for self-employed workers within the framework of the reform of the Special Regime for Self-Employed Workers (RETA) that will establish the contribution system for real income.

According to the draft sent this weekend to the self-employed organizations and social agents with whom the Government is negotiating this reform, in addition to the benefit for cessation of ordinary activity, a benefit will be created to support the activity of the self-employed affected by the new ERTE of the labor reform, the so-called RED Mechanism, both in its cyclical and sectoral modality, whose maximum duration will be one year.

In the case of the cyclical modality, the draft, to which Europa Press has had access, establishes that the self-employed who carry out their activity in a sector where the Council of Ministers activates the RED mechanism will be able to access this extraordinary benefit.

In order to benefit from this benefit, it will be necessary to meet a series of "common" requirements for all self-employed workers: be registered in the special regime to which the activity is attached; be up to date with the payment of tax and Social Security obligations; not to provide services for others or on their own account in another activity not affected by the RED mechanism; not receiving a benefit for cessation of activity, and not having reached the ordinary age to be entitled to a retirement pension.

In the case of self-employed workers with employees, authorization from the labor authority will be required to apply the cyclical RED to the company's workers.

Likewise, whether or not they have dependent workers, access to the benefit is linked to the RED mechanism affecting at least 75% of the workforce; that there is a drop in income during two consecutive quarters of 75% in relation to the same period of the previous year and that the monthly income of the quarter prior to the request for the benefit does not reach the minimum interprofessional salary (SMI) or the amount of the base for which it was trading if it were lower.

The economic benefit will be equal to 50% of the regulatory contribution base and will be incompatible with a job and with the receipt of an unemployment and cessation of activity benefit and with active insertion income or with any other benefit of the Social Security system. Benefits derived from two or more RED mechanisms may not be received simultaneously, either as a result of self-employment or paid employment. If the right to two benefits concurs, the most beneficial may be chosen.

The right to the benefit will be extinguished if there is a right to another Social Security benefit, if the period established for its receipt elapses or if there is an increase in the income of the company or the self-employed worker above the established limits. Your collection will also end if you drop out of the RETA for any reason or if any sanction is imposed.

Self-employed workers with employees will see their benefit extinguished, in addition to the previous cases, if they fail to comply with the obligations acquired by adopting the RED mechanism.

For those who have employees in their charge, the duration of the benefit will be three months, with the possibility of extension on a quarterly basis, without in any case exceeding one year, including the extension.

In the case of not having employees, the duration of the benefit will be that which appears in the application and may not exceed 6 months. Exceptionally, three extensions of two months may be granted up to a maximum of 6 months, so that in no case may this benefit last more than one year.

The provision may be suspended and resumed upon request of the interested party, provided that the latter proves that the cause for suspension has ended and that the requirements are maintained.

Self-employed workers with employees who receive this benefit must join the activity when the lifting of the measures adopted in the RED mechanism is agreed, and continue to carry out the activity for at least 6 consecutive months. He must also keep up to date with the Social Security contributions of the company's workers.

Access to this benefit will not imply the consumption of the contributions made to the protection system for cessation of activity nor will it be considered as consumed for the purposes of the duration in future accesses to it. Likewise, the time of receipt of this benefit will be considered high and the contributions made during its collection will be taken into account for the recognition of a subsequent right.

The receipt of the temporary disability benefit will be incompatible with the receipt of this benefit. The time in which the temporary disability benefit is received will be deducted from the time of access to this benefit.

Economically dependent self-employed workers will be able to access this benefit provided that they do not provide services in other companies and the company for which they provide services has taken advantage of any of the measures of the RED mechanism.

The other modality of this extraordinary benefit to sustain the activity of the self-employed is that referring to the application of a sectoral RED mechanism. To collect it, you will need to be registered in the special regime to which the activity is attached, have covered the minimum contribution period for cessation of activity, and sign the so-called activity commitment.

As in the cyclical modality, in the sectoral modality of this benefit, it will be required that the adoption of the RED mechanism measures affect 75% of the company's workforce, although in this case the required drop in income will be less, of 50%, if you have employees. If they do not have them, a 75% cut in income will be requested compared to the same period of the previous year.

Likewise, an investment project and activity to be developed must be presented to the management entity of the benefit, and participation in the requalification plan presented to the labor authority for employed workers.

The economic benefit to be received in the sectoral modality will be a single payment. The amount of the benefit will be equivalent to 70% of the regulatory base that results from the average of the contribution bases of the 12 continuous months and immediately prior to the authorization by the Council of Ministers of the sectorial RED mechanism.

The regime of incompatibilities in the sectoral modality will be the same as in the cyclical modality, although the obligations of the self-employed person vary. Thus, whoever has employees and receives the benefit must join the activity when it is agreed to lift the measures adopted in the RED mechanism for at least one of the company's workers, remain in the development of the activity for at least 6 months. consecutive and will have to contribute 50% for all contingencies, including the cessation of activity.

At the same time, it will be mandatory for you to invest the amount of the benefit in a professional activity as a self-employed worker or to allocate 100% of the benefit to make a contribution to the share capital of a newly created or constituted commercial entity within a maximum period of 12 months prior to the contribution, provided that they will have effective control over it and carry out a professional activity there as a self-employed worker.