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Cessation of activity

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Languages available: Castellano

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Languages available: Castellano

1. Is this the same as the “unemployment benefit” for self-employed workers which has been in force since 2010? How long does it last?

No, this is a different and supplementary benefit, as contained in Royal Decree-Law 8/2020, regarding extraordinary urgent measures to combat the economic and social impact of COVID-19 (ARTICLE 17). The amounts, duration and access requirements have been modified, among other elements, with the aim of assisting a greater number of beneficiaries.
The validity is limited to one month following the entry into force of Royal Decree 463/2020, which declared the state of emergency to manage the crisis caused by COVID-19.
If the state of emergency is extended beyond the initial month, the benefit will end on the last day of the month in which the state of emergency is lifted.

2. Who is eligible for the benefit?

Self-employed or freelance workers whose activities have been suspended by the declaration of the state of alarm (according to the annex to RD 463/2020),

Or, in other cases, when the turnover in the month prior to that for which the service is requested is reduced by at least 75% in relation to the average turnover for the previous six-month period.

3. Can self-employed workers who employ other workers apply for this?

Yes, those who employ workers and have had to close due to the state of emergency or have suffered a reduction in their turnover of at least 75% can present an ERTE for their workers and request this supplementary benefit for themselves.

4. What are the requirements?

  • To be affiliated to and registered with Social Security on the date of the declaration of the state of alarm (14 March 2020), either in the System for the Self-Employed or, if applicable, in the Special System for Sea Workers.

  • Only in the event that their activity has not been suspended due to the declaration of the state of alarm, must they prove that their invoicing has been reduced by at least 75% compared to the calendar month prior to that in which the service is requested in relation to the average invoicing of the calendar half year prior to the declaration of the state of alarm.

  • Be up to date with Social Security contribution payments. However, if on the date of the suspension of the activity or the reduction of the invoicing this requirement is not met, the managing body will invite the self-employed person to pay the fees due within a non-renewable period of 30 calendar days. The regularisation of the overdraft, once accredited, will produce full effects for the acquisition of the right to protection.

  • Unlike the ordinary termination benefit, no 12-month contribution period is required to qualify for the benefit.

5. Do you have to cancel your Social Security and Treasury registration?

During the period of receipt of the extraordinary benefit for cessation of activity, self-employed workers who suspend their activity must not process the cancellation of their Social Security registration and continue to register their economic activity with the Treasury.

If the right to the benefit is due to a 75% reduction in invoicing in the month prior to the month in which the benefit is requested in relation to that of the previous six-month period, they must in any case remain registered with the corresponding Social Security system, so that the exceptional regulations of RDL 8/2020 can be applied to them.

6. What happens if you cancel and want to apply for the benefit?

During the period of receipt of the extraordinary benefit for cessation of activity, self-employed workers who suspend their activity must not process the cancellation of their social security registration, and must therefore continue to be registered in the self-employed system.

7. If the self-employed activity has been suspended, do they have to give up the discounts they enjoy such as the flat rate?

No. Once the duration of the benefit has elapsed, the benefits in the contribution that were enjoyed prior to the concession of this benefit will again be applicable, where appropriate.

8. Does the self-employed person have to pay contributions while receiving the benefit?

No. This period is understood as being contributed for according to Article 17 of RDL 8/2020.

9. Will the period this benefit is received count as time used in possible new applications for the benefit in the future?

No, this time will not reduce the periods for benefits for cessation of activity to which the beneficiary may be entitled in the future.

10. If I have already paid the contributions for the period in which the supplementary benefit is paid, can I request a refund?

Paid contributions which overlap with any of the days during the period in which you are entitled to the supplementary benefit have been refunded by the Treasury.
Resolution of the recognition of the right to the refund has been notified in the SEDESS and the amount has been paid to the same bank account where the  charge was made.
If the refund has not been processed, you can request it through the relevant SEDESS service.

11. What about self-employed workers who are obliged to continue working, such as taxi drivers?

As above, these workers will be entitled to the benefit if they can demonstrate a fall in turnover of at least 75%, as long as there is no discrepancy between the benefit and the activity.

12. What amount is due to self-employed workers?

The amount shall be determined by applying 70% to the base rate, which is calculated in the same manner as for the ordinary benefit for the cessation of activity: in other words, the average of the base rates contributed during the continuous 12-month period immediately preceding the application.

As a 12-month contribution period is not required for access to the benefit, when this period is not demonstrated, the amount of the benefit shall always be equivalent to 70% of the minimum contribution basis of the program for self-employed workers, which shall also apply to maritime workers (70% of €944.35=€661.04).

13. How long will the benefit last?

It will last for one month and will be extended until the last day of the month in which the state of alarm ends in the event that this situation is extended beyond the established month.

In addition, the time for which they are paid shall be deemed to be paid and shall not reduce the periods of severance pay to which they may be entitled in the future.

14. On what date does the right to collect the benefit begin?

Eligible workers shall have the right to receive the benefit with effect from 14 March 2020, the date on which RD 463/2020 declaring the State of Emergency entered into force.

15. What documentation would be required?

Those whose activity is among those suspended by RD 463/2020:

  • Benefit application and affidavit.
  • Application RD-Law 8/2020, of 17 March-COVID-19
  • Responsible declaration RD-Law 8/2020, of 17 March-COVID-19
  • Form 145 with the payer’s data.
  • Photocopy of DNI/NIE/Passport
  • Bank account number, IBAN code.
  • The last two contribution receipts.
  • Family book in the case of dependent children.


In addition to this documentation, when the reason for the service is a reduction in turnover, you must provide proof of this reduction. The form on the website will indicate the documentation to be submitted in each case.

17. To whom should I submit an application for the supplementary benefit?

To the Social Security Mutual Society Partner with whom you have coordinated safeguards in the event of cessation of activity, or the corresponding managing body for the Social Marine Institute or Public Service of State Employment.

18. Is it compatible with the agricultural sector labour benefits included in Royal Decree-Law 13/2020 of 7 April?

No, the compatibility regime established by that Royal Decree-Law does not affect this extraordinary benefit for termination of activity.

16. Is it compatible with other social security benefits?

This benefit shall be compatible with any other social security benefit that the beneficiary might be receiving and is compatible with the performance of the activity he or she was conducting.
 
With regard to self-employed workers included in the Special Scheme for Sea Workers, the cessation of activity allowance shall be incompatible with the collection of benefits for the standstill of the fleet.

19. What are the measures approved for the protection of self-employed workers by Royal Decree-Law 30/2020, of 29 September, on social measures in defence of employment?

20. What are the measures approved for the protection of self-employed workers by Royal Decree-Law 2/2021, of 26 January, as regards to the reinforcement and consolidation of social measures in defence of employment?

23. What are the measures approved for the protection of self-employed workers by Royal Decree-Law 2/2022, of 22 February?

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.


CHARACTERISTICS

  • 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.

REQUIREMENTS

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.


AMOUNT

  • 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


CONTRIBUTION

  • 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.


INCOMPATIBILITIES

  • 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


22.What are the measures approved for the protection of self-employed workers by RD-law 18/2021, of 28 September, on urgent measures for the protection of employment, economic recovery and improvement of the labour market?

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