The RETA is the . We are in the presence of a large group that carries out professional work that risks their own economic resources and contributes their personal work. These are natural persons and the self-employed person should not be confused with the individual entrepreneur. and that for the most part it does so without the help of any employee. In short, it is a group that demands a level of social protection similar to that enjoyed by employed workers.
What is meant by autonomous?
It is understood that a self-employed or self-employed worker is one, over 18 years of age, who habitually, personally and directly carries out an economic activity for profit, without being subject to an employment contract, even if they use the paid service of other people, and whether or not you are the owner of an individual or family business.
Workers are also considered to be those who habitually work for a person who is not registered in the . This is a very common case in small family businesses. Family members, for these purposes, are considered to be those who live with the employer, spouse, descendants, ascendants and other relatives by consanguinity or affinity, up to the second degree (siblings, grandparents, brothers-in-law and grandchildren) inclusive and, where appropriate, by adoption.
However, the legal definition is broader, since various groups are also included in the RETA, which meet the requirements to be so, and act, for example, as industrial partners of regular collective companies and limited partnerships; the community members of the communities of property and the partners of irregular civil societies, unless their activity is limited to the mere administration of the property placed in common.
It also reaches those who exercise the functions of direction and management holding the position of director or administrator, or provide other services for a capital company, for profit and on a regular, personal and direct basis, provided that they have effective, direct or indirect from it.
Economically dependent self-employed workers and foreign self-employed workers deserve a separate chapter, due to the limitations applied to them in the legislation.
How is self-employment regulated?
Self-employment or self-employment is regulated by a Statute approved by law in which the scope of application is determined, the professional regime of the self-employed worker, the figure of the economically dependent self-employed worker is created, which has been the subject of regulatory development, collective rights, the representativeness of their associations, social protection are recognized and the promotion of self-employment is promoted.
The condition of self-employed or self-employed worker concurs, when he is the owner of an establishment that is open to the public and can do so both as owner, lessee, usufructuary or through some other analogous concept.
Who cannot benefit from the RETA?
Employed employment relationships are expressly excluded; the activity that is purely and simply limited to the mere performance of the position of director or member of the administrative bodies in companies that have the legal form of a company; labor relations of a special nature, as is the case of senior management personnel not included in article 1.3.c) of the Workers’ Statute, as is the case of civil servants or work carried out out of friendship, benevolence or good neighborhood, among others.
Along the same lines, the family home service is included; convicts in penitentiary institutions; professional athletes; artists in public shows; people who intervene in commercial operations on behalf of one or more entrepreneurs without assuming the risk and venture of those; workers with disabilities who provide their services in special employment centers.
Also, this exclusion is attributed to minors subjected to the execution of internment measures for the fulfillment of their criminal responsibility; the residence for the training of specialists in Health Sciences; that of lawyers who provide services in law firms, individual or collective; and any other job that is expressly declared as a special employment relationship by law.
What individual rights does the self-employed have?
The Statute of the Self-Employed Worker, apart from the constitutional rights, recognizes various rights, although these may be modulated by the specific regulation of their activity.
These are: the right to work and free choice of profession or trade; the freedom of economic initiative and the right to free competition and the right of intellectual property over their works or protected services.
Also, various fundamental individual rights have been defined, such as equality before the law and not to be discriminated against, directly or indirectly, for reasons of birth, racial or ethnic origin, sex, marital status, religion, convictions, disability, age, sexual orientation, use of any of the official languages within Spain or any other personal or social condition or circumstance, as well as, for reasons of disability,
The self-employed person has the right to individually exercise the actions derived from their professional activity; respect for their privacy and due consideration for their dignity, as well as adequate protection against sexual harassment and harassment based on sex or any other circumstance or personal or social condition.
In the scope of their professional performance, their right to professional training and retraining is considered; to their physical integrity and adequate protection of their safety and health at work; to the punctual perception of the agreed economic consideration for the professional exercise of their activity; to reconcile their professional activity with personal and family life, with the right to suspend their activity in situations of maternity, paternity, risk during pregnancy, risk during lactation and adoption or foster care, both pre-adoptive and permanent or simple, in accordance with the Civil Code or the civil laws of the Autonomous Communities that regulate it, provided that its duration is not less than one year, even if these are provisional, in the terms provided in the Social Security legislation.
From an assistance point of view, you have the right to assistance and sufficient social benefits in situations of need, in accordance with Social Security legislation, including the right to protection in situations of maternity, paternity, risk during pregnancy, risk during lactation and adoption or foster care, both pre-adoptive and permanent or simple, in accordance with the Civil Code or the civil laws of the Autonomous Communities that regulate it, provided that its duration is not less than one year, even if these are provisional.
And, finally, self-employed professionals have the right to effective judicial protection of their professional rights, as well as access to out-of-court means of conflict resolution, as well as any others arising from the contracts they enter into.
What are your obligations?
The legislation requires the self-employed worker to comply with the obligations derived from the contracts to be concluded, in accordance with them, and with the consequences that, according to their nature, are in accordance with good faith, uses and the law. In addition, he must comply with the obligations in terms of occupational health and safety that the law or the contracts that they have signed impose on him, as well as follow the collective regulations derived from the place of provision of services.
On the other hand, you must join the Social Security, and contribute to the Social Security scheme in the terms provided in the legislation; comply with the legally established fiscal and tax obligations and any other obligations derived from the applicable legislation; as well as comply with the ethical standards applicable to their profession or professions.
What collective rights does the self-employed worker have?
Self-employed workers are holders of the rights to join the trade union or business association of their choice, under the terms established in the corresponding legislation, as well as to join and found specific professional associations for self-employed workers without prior authorization. In addition, they can exercise the collective activity of defending their professional interests.
Associations of self-employed workers are holders of the collective rights to establish federations, confederations or unions, after fulfilling the requirements for the constitution of associations, with the express agreement of their competent bodies. Likewise, they may establish the links they deem appropriate with trade union organizations and business associations.
Along the same lines, they have the right to enter into agreements of professional interest for affiliated economically dependent self-employed workers; to exercise the collective defense and protection of the professional interests of self-employed workers; and to participate in non-jurisdictional systems for the solution of collective disputes of self-employed workers when provided for in professional interest agreements.
How are the contracts that the self-employed person can sign?
The current regulations establish that the contracts concluded by the self-employed worker for the execution of their professional activity can be concluded both in writing and orally. Each of the parties may demand from the other, at any time, the formalization of the contract in writing. These may be held for the execution of a work or series of works, or for the provision of one or more services and may have the duration agreed upon by the parties.
Who is an economically dependent self-employed worker TRADE?
Economically dependent self-employed workers (TRADE) are those who carry out an economic or professional activity for profit and on a regular, personal, direct and predominant basis for a natural or legal person, called a client, in money or in kind, and activities financial or professional.
In order to carry out the economic or professional activity as an economically dependent self-employed worker, he or she must simultaneously meet several conditions:
On the one hand, they must not be in charge of employed workers or contract or subcontract part or all of the activity with third parties, both with respect to the activity contracted with the client on whom they depend economically and the activities that could be contracted with other clients. However, this condition will not apply in certain cases (included in article 11 of Law 20/2007).
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