Category: Cessation of activity
23. What are the measures approved for the protection of self-employed workers by the RD-law 2/2022, of 22 February, adopting urgent measures for the protection of self-employed workers, for the transition towards the structural mechanisms for the defence of employment, and for the economic and social recovery of the island of La Palma, and extending certain measures to deal with situations of social and economic vulnerability?
Art. 2. Extraordinary cessation of activity benefit for self-employed workers affected by a temporary suspension of all activity as a result of a decision by the competent authority as a measure to contain the spread of the COVID-19 virus.
- Self-employed workers who are obliged to suspend all their activities as a consequence of a decision taken by the competent authority as a measure to contain the spread of the COVID-19 virus, or maintain for the same reasons the suspension of their activity started before 01 March 2022.
- As of 01 March 2022
- Cooperative worker-members who have opted to register as self-employed workers in the corresponding special scheme will also be entitled to this special benefit, provided that they meet the requirements set out in this article.
a) Be affiliated and registered in the RETA or, where applicable, in the RETAMAR, at least 30 calendar days before the date of the decision to suspend the activity and, in any case, before the start date of the suspension when this has been decreed prior to 1 March 2022.
b) Be up to date with Social Security contribution payments.
- General: 70% MINIMUM CONTRIBUTION BASIS
- Persons living together at the same address, united by a family relationship or similar cohabitation unit up to the first degree of kinship by blood or affinity and two or more members entitled to this benefit: 40% MINIMUM CONTRIBUTION BASIS
- During the time that the activity is suspended, the self-employed worker will remain registered in the corresponding special system and will be exempt from the obligation to pay contributions. Exemption from the payment of contributions will run from the first day of the month in which the activity closure measure is adopted, or from 01 March 2022 when the suspension of activity initiated prior to this date is maintained, until the last day of the month following the month in which the measure is lifted, or until 30 June 2022 if the latter date is earlier.
- The contribution base applicable during the entire period of receipt of this special benefit shall in any case be the one established at the time when the benefit is paid.
APPLICATION PERIOD - ACQUISITION OF THE RIGHT AND DURATION
Recognition of the benefit may be requested within the first 21 calendar days following the entry into force of the agreement or resolution to close the activity or before 21 March when the suspension of activity has been agreed prior to 01 March 2022 and the extraordinary benefit referred to in Article 9 of Royal Decree-Law 18/2021, of 28 September, is not being received.
Entitlement to the benefit will commence on the day the adoption of the activity closure measure by the competent authority is made effective, or from 1 March 2022 when the suspension of activity initiated prior to this date is maintained.
If the application is submitted after the deadline, entitlement to benefit will start on the first day of the month following the month of the application. In such cases, the worker will be exempt from the obligation to pay contributions from the day on which they are entitled to the benefit.
The benefit will be paid for a maximum of four months, and entitlement will end on the last day of the month in which it is agreed that the measures will be lifted or on 30 June 2022, whichever is earlier.
- Receipt of the benefit is incompatible with the exemption from contributions established in Article 1 of Royal Decree Law 2/2022.
- Receipt of the benefit is incompatible with receipt of remuneration for work as an employed person, unless the income from work as an employed person is less than 1.25 times the amount of the SMl;
- With the performance of another activity on a self-employed basis;
- With the receipt of income from the company whose activity has been affected by the closure;
- With the receipt of a Social Security benefit except for that which the beneficiary was receiving as it was compatible with the performance of the activity they were carrying out.
- With regard to self-employed workers included in the Special Scheme for Sea Workers, the benefit for cessation of activity will also be incompatible with aid for the standstill of the fleet. Without prejudice to this, in the event of receiving such aid, and subject to proof of this, self-employed workers shall also be exempt from the obligation to pay contributions under the terms indicated for this benefit.
Solicitud art. 2 R-D Ley 2/2022
Declaración responsable art 2 R-D Ley 2/2022.pdf