The self-employed will be able to access the ‘strike’ without proving that their business is unviable

The Government has just modified the General Law of Social Security, through Royal Decree-Law 21/2021. In this way, self-employed workers can access the ordinary dismissal, also known as the unemployment of the self-employed, without having to prove that your business is not viable.

In relation to this improvement, Declarando, points out in its Legal Observatory that this modification of the regulations supposes an easier procedure to prove that the self-employed can access the service, while they will be able to collect it if they suffer and prove that they have a force majeure situation, either permanently or temporarily, without unsubscribing from the scheme.

Before this reform, the self-employed who wanted protection for cessation of activity, had to demonstrate that they had not been able to exercise their economic activity for a while and that, therefore, their income was zero “, says Marta Zaragozá, CEO of Declarando and expert in tax law.

With the recent modification, means of proof are introduced to facilitate access to this benefit. Specifically, improvements have been implemented in the extraordinary benefit for the self-employed affected by the eruption of the volcano on La Palma and a New procedure for the rest of the Spanish territory.

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The self-employed on La Palma have the right to receive five months of termination of activity benefit without being deducted from the total number of months of “official” benefit. In addition, if they are registered, affiliated with the Reta and do not have debts with the Treasury or Social Security, they receive 70% of the minimum contribution base.

In the same way, while their activity is suspended, their activity will continue to be registered in the Challenge and they will not pay the contribution, considering this period as debt paid. That is, the self-employed person will not have to return any amount in the future, according to Declarando.

The cessation of activity in situations of force majeure

Marta Zaragozá comments that the provision ofl “unemployment of the self-employed”, which is equivalent to 70% of the contribution base, “It was not accessible to many freelancers who were in force majeure situations, as they could not demonstrate the unviability of the previous business ”.

In most cases, we were dealing with profitable businesses until the moment in which the misfortune occurred, but when this happened ‘suddenly’, a previous decrease in income could not be demonstrated“, Explain.

It must be remembered that force majeure situations refer to those that go beyond the will of the employer, be they natural catastrophes or any other unforeseeable and unavoidable external situation, such as that derived from the eruption of the La Palma volcano.

Until now, the causes considered within the protection of the benefit for cessation of activity were: the loss of licenses, the loss of permits or administrative authorizations for the exercise of the activity, divorce or separation, gender violence or reasons economic, technical, productive or organizational.

According to Marta Zaragozá, “The problem was that the self-employed who did not fit into these causes of force majeure, had to justify this last reason with a file of temporary regulation of employment for economic, technical, organizational or production reasons, which confronted the self-employed with a process nothing simple, which required a multitude of documents proving having suffered accounting losses for years ”.

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