CESSATION OF ACTIVITY

The statute of the Self-Employment has set the fair rules in order to achieve effective equality of autonomous in relation to work in employment, in the area of social protection.

The purpose of the cessation of activity is to cover situations of completion of the activity of persons who are self-employed workers brought about by a situation in any case unintentional and that must be duly justified to access the corresponding financial benefit.

This provision will be kept by the partner Mutual Social security and the Instituto Social de la Marina, with the collaboration of public employment services of the autonomous communities.

  1. Consolidated text of the General law on Social security porReal, adopted Legislative Decree 8/2015, 30 october, Title V, which regulates the specific system of protection by cessation of activity of the group of self-employed workers. This protection includes an economic benefit and the contribution of Social security by the person autonomous worker, as well as vocational training and guidance of the beneficiaries with a view to their employment.
  2. Decreto-Ley Real 28/2018 , 28 december for the revaluation of public pensions and other urgent measures in social, labour and employment. Final provision second amending TRLGSS.
  3. Royal Decree 1541/2011, 31 october, the specific system of protection by cessation of activity of self-employed workers. (BOE no.263 of 1 november 2011). This law deals with the object of protection, the requirements, the accreditation of the legal status of cessation of activity, the dynamics of protection by cessation of activity, the payment of contributions to Social security, the financial regulation and management of the system, training, vocational guidance and promotion of entrepreneurial activity, the obligations of persons employed and competition is proven.
  4. Law31/2015, 9 september, on amending and updating the rules on self-employment, and steps taken for the promotion and encouragement of self-employment and social economy (BOE2017 of 19 september 2015).

The protection due to cessation of activity covers the following target groups:

  • Self-employed persons covered by the special regime for self-employed or self-employed persons.
  • People for self-employed workers included in the special system of self-employed Farmers.
  • People for self-employed workers included in the special regime of workers of the sea.

In all cases will be a necessary requirement have contributed by cessation of activity during a period of at least12months of continuous and immediately preceding the cessation.

The procedure must be initiated by request of the person concerned before:

  • Mutual collaborator with Social security with which has covered the contingency of cessation of activity.
  • The public employment service state, if the coverage of the contingency of the cessation of activity has concluded with the INSS (according to the Royal Decree Law28/2018they should opt for a mutual collaborator of Social security, since the effects1June2019).
  • The Social Institute navy, if it is the entity that covers such contingency.

In general, of the enjoyment of the allowance would be calculated according to the periods quoted by the individual worker within48months prior to the legal status of cessation of activity, as shown in the following table:

QUALIFICATION PERIOD AND DURATION OF THE PROVISION

MONTHS

QUOTED
DURATION OF THE PROVISION
Of12to17months 4months
Of18to23months 6months
Of24to29months 8months
Of30to35months 10months
Of36to42months 12months
Of43to47months 16months
With48months 24months

Amount

Theamountthe provision will be the70per cent of the base figure; this is calculated using the average basis by which one employee has contributed for the12months prior to the legal status of cessation of activity.

The minimum amount of80per cent of the indicator for multi-effect income (IPREM) if the person autonomous worker has no children or daughters, and107% if you have them.

Shall not apply the minimum amount to self-employed contributors by a smaller than the minimum.

The maximum amount will be the175per cent of the (IPREM). If they are charged with a son or daughter the maximum amount will be200% and if you have more children will be of responsibility225per cent.



Payment of compensation

The provision will be paid by the mutual that workers have covered the contingency for cessation of activity, or by the public employment service, whether State is covered by the INSS, or by the Instituto Social de la Marina, if the entity that covers this contingency.

The individual worker will begin to reap benefits from the day following that took place, if the application deadline.

What is?

This is a measure to encourage and facilitate self-employment initiatives is the payment of the present value of the amount due time of the cessation of activity. The can apply for those beneficiaries of this provision intended to be included as a partner or sociotrabajador trabajadoraen cooperatives or labour societies or commercial or form, or those who wish to develop a new activity as autonomous worker.

Requirements:

  • Be the beneficiary or beneficiaries of the cessation of activity.
  • Be sloped to receive at least six months.
  • To justify any activity as autonomous worker or become sociotrabajador worker or member of a cooperative of work associated labour or society or commercial matters of new establishment or functioning, though it has had a relationship of pre-contract with the same, regardless of their duration.

Obligations

  • Earned the amount of the transfer, to start work within one month.
  • Submit the documentation that proves the start of the activity.
  • The amount actually received must be directed to the compulsory social contribution, in the case of cooperatives or labour or commercial companies, or to the investments required to develop the business as a person autonomous worker.