Self-employed workers are also entitled to unemployment, although in their case the benefit is somewhat different given the special nature of the relationship of these professionals with Social Security. Apart from what is sometimes commonplace, the truth is that the self-employed are covered when they declare the stoppage of their activity on their own.
The General Law of Social Security the right of the self-employed to protection due to cessation of activity, which has the objective of protecting them in situations of total cessation in the activity that originated their registration in the Special Regime for Self-Employed Workers (Reta) despite “wanting to carry out an economic or professional activity for profit”.
This benefit, therefore, will only be paid to the self-employed who see how their business is interrupted involuntarily. In order to collect the benefit for cessation of activity, Social Security obliges you to meet a series of requirements:
-Be affiliated and enta in the Special Scheme for Self-Employed Workers or the Special Scheme for Sea Workers.
-Be up to date with the payment of Social Security contributions. Even if you were not up to date, you can regularize your situation within a “non-extendable” period of 30 calendar days.
-Have accredited a minimum of 12 months in advance.
-Not being of age to collect a contributory retirement pension, unless the self-employed person did not have enough time in contributions to be entitled to it.
-Sign the activity commitment and accredit active availability to rejoin the labor market.
-Find yourself in legal unemployment status.
This last requirement (legal situation of unemployment) requires special attention, since it is necessary to specify which are the cases in which the self-employed worker is in a legal situation of unemployment. Article 331 of the General Social Security Law is dedicated to collecting these situations:
-When economic, technical, productive or organizational reasons are demonstrated that make it unfeasible to continue with the activity: losses of more than 10% of the annual income, judicial executions of debt collection of at least 30% of the income of the previous year or bankruptcy declarations.
-For force majeure that causes the temporary or permanent cessation of the activity.
-For loss of the administrative license if it means an essential requirement for carrying out the activity.
-For cases of gender violence that force the end of the activity.
Both economically dependent self-employed workers and self-employed partners of capital companies, worker members of associated work cooperatives and workers who carry out their professional activity jointly have special assumptions to prove this legal situation of unemployment.
How long does the unemployment of the self-employed last?
Article 338 of the General Social Security Law establishes that the duration of the benefit for cessation of activity depends on the time contributed in the 48 months prior to the legal situation of unemployment:
-From 12 to 17 months of contributions give the right to four months of benefits.
-From 18 to 23 months of contributions give the right to six months of benefit.
-From 24 to 29 months of contributions give the right to eight months of benefits.
-From 30 to 35 months of contributions give the right to ten months of benefit.
-From 36 to 42 months of contributions give the right to 12 months of benefits.
-From 43 to 47 months of contributions give the right to 16 months of benefits.
-48 months of contributions give the right to 24 months of benefit.
The amount of unemployment for the self-employed
In general, the amount of the benefit for cessation of activity is 70% of the regulatory base. This base is calculated with the average of the contribution bases of the last 12 immediately prior to the legal situation of unemployment.
However, the regulations establish minimum and maximum amounts for this benefit:
-The minimum amount is 80% of the IPREM (Public Indicator of Multiple Effects Income) and 107% of the IPREM for workers with children under 26 years of age or older who have a disability of at least 33%, income below the Minimum Interprofessional Salary and live with the applicant: 451.92 euros and 604.44 euros per month.
-The maximum amount is 175% of the IPREM in general, 200% of the IPREM with a dependent child and 225% of the IPREM when there are two or more dependent children: 988.57 euros, 1,129.80 euros or 1,271 0.02 euros per month.
In parallel to the collection of the benefit for cessation of activity, the self-employed also ensures the payment of the Social Security contribution and their contribution base will be the same and in any case it will never be less than the minimum contribution base. In addition, the self-employed will also contribute for all the corresponding contingencies of the regime to which it corresponds from day 60.
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