how to apply for it and its benefits
Unemployment benefits for self-employed workers is very important for all self-employed workers in Spain. For this reason, we decided to create a complete guide on this concept so that you know what it consists of, what the procedure is to apply for it, its benefits and much more. Let’s get started!
What is unemployment for self-employed workers?
According to Law 32/2010, of August 5 , unemployment benefits for self-employed workers, called “cessation of activity benefit” is a benefit offered by Social Security to all self-employed workers who have to stop their economic activity.
These workers are entitled to receive this benefit just like employees, although the requirements that must be met are very different.
The unemployment benefit for self-employed workers is an initiative that benefits self-employed workers in the event that they have some problem and cannot continue with their activities. However, the unemployment benefit must be well justified in order to obtain the benefit.
What conditions must a self-employed person meet to access unemployment benefits for self-employed workers?
A self-employed person is entitled to unemployment benefits provided that certain conditions are met, as specified in Article 4 of Law 32/2010 . The following is specified there:
- The self-employed person must be affiliated with the Special Regime for Self-Employed Workers or Autonomous Workers.
- The corresponding payments must be made to Social Security and be present at the time of cessation of the activity.
- You must be in a legal situation of recognized cessation of activity to access the benefit.
- Not having previously received an ordinary benefit for cessation of activity, nor having an employed job or having another activity covered by the Employment Flexibility and Stabilization Network (RED) mechanism.
- Finally, the self-employed person must not have reached the ordinary age to be entitled to a retirement pension, even if, if he or she has reached the age, he or she has not completed the minimum contribution period.
Legal status of cessation of activity
Article 5 of Law 32/2010 establishes the situations in which the cessation of self-employed activities is considered legal. In general, self-employed workers may become unemployed for the following reasons:
- Due to the concurrence of economic, technical, productive or organizational reasons that lead the worker to close the business.
- Due to force majeure, the reason for which cannot be controlled by the worker, causing a temporary or permanent cessation of the business.
- Due to loss of the administrative license, since some companies need specific licenses to continue their economic activity.
- Victims of gender violence.
- Finally, due to a divorce or marital separation, which was carried out through a judicial resolution.
It is important to note that in the same article, in its section 4, it is mentioned that a self-employed person has the right to unemployment, as long as these cases do not occur:
- That the self-employed person voluntarily interrupts his/her activity.
- Self-employed workers who, after having requested benefits philippines email list for cessation of activity due to the lack of a client, return to work with said client within a period of one year.
Minimum contribution duration
Self-employed workers are entitled to unemployment benefits provided what is personalized email marketing and why is it so important? they meet the minimum period of contributions whatsapp number to Social Security. This period will be 12 months, to which the 24 months prior to the cessation of activities must be included.
It is important to note that, depending on the number of months of contributions, you will receive this benefit for a longer period of time. Article 8 of Law 32/2010 shows us how unemployment benefits for self-employed workers work in the following table:
Procedure for requesting unemployment benefits for self-employed workers
This benefit must be requested from the Mutual Collaborator with Social Security, who are responsible for verifying that all the legal conditions established above are met.
Article 7 of Law 32/2010 establishes the procedure to follow in order to obtain the benefit. To do so, you must send a form indicating the reason for the cessation of activities and why you requested the benefit.
In addition to presenting your passport or ID as a means of identification, you will have to present any document that proves the existence of a legal reason for stopping your economic activity. If this requirement is not met, the application will be denied.
The article also establishes that the application can be submitted up to the last day of the month following the event that caused the cessation of activities. In this sense, the collaborating Mutual Society will be responsible for the Social Security contribution from the month immediately following the cause of the unemployment, provided that the previous deadline is met.
Benefits and amount of unemployment benefits for self-employed workers
The amount refers to the payment of benefits when self-employed persons are entitled to unemployment benefits and meet the requirements demanded by Social Security. The average of the regulatory contribution base with which the self-employed person has paid contributions during the last 12 months of continuous payment is then considered.
The amount of the benefit is determined by applying 70% of the regulatory base, noting that the maximum amount to be received will not be greater than 175 percent of the Public Indicator of Multiple Effects Income, unless the self-employed person has one or more children.
Article 9 of Law 32/2010 establishes that the minimum or maximum amount is calculated taking into account the aforementioned indicator that is in force when the self-employed person requests unemployment benefit. It is also noted that the calculation may vary depending on the personal situation of the worker and whether he or she has economically