All workers self-employed have the right to unemployment, this benefit is known as cessation of activity and is not granted automatically when the activity ends. Taking into account that each self-employed person must make the request for the benefit.

En Drisar Advisors We facilitate the management to carry out this procedure and properly calculate the corresponding amount.

To be eligible for unemployment It is necessary that the self-employed worker meets a series of requirements and provide the relevant documentation. In this article we will explain everything you need to request and collect the benefit for cessation of activity.

What is cessation of activity of a self-employed person?

It is a protection offered to all self-employed workers who have ceased their activities involuntarily, which applies under certain conditions. It works in the form of an economic benefit for a period of time, taking into account the time in which the worker has been contributing and the regulatory contribution base.

Since January 1, 2019, the contribution for cessation of activity is mandatory, according to Decree-Law 28/2018, of December 28, before this moment the self-employed person had the possibility of choosing whether or not to contribute due to cessation of activity. Currently this benefit is in high demand, however, it is not easy to complete the entire process to receive it.

Self-employed requirements to access the benefit

According to Law 32/2010, of August 5, for a self-employed person to have the right to benefit for cessation of activity, you need to meet the following requirements:

• At the time of the cessation of the activity, you must be affiliated with the RETA and, in turn, registered with it.
• Have the minimum covered contribution period for cessation of activity, which must have been made in the 48 months prior to cessation and continuously for at least 12 months before cessation of activity.
• You must be in a legal situation at the end of the activity, prove that you are willing to rejoin the labor market through training activities and sign the activity commitment.
• You cannot have reached the age established to be entitled to contributory retirement, with the exception of cases in which you have not accredited the contribution period requested for it.
• It is important that you are up to date with the payment of the corresponding Social Security fees. If you do not meet this requirement by the date of cessation of activity, if you have covered the minimum period that entitles you to this benefit, you have 30 days to comply with the so-called payment invitation, thanks to which you can enter the outstanding installments.

Causes for the self-employed to access the benefit for cessation of activity

It is not considered legal voluntary cessation of activity of the self-employed person, for you to be able to access the benefit, certain circumstances must occur. These circumstances can be classified into:

For gender violence

(They have the right to request this aid as long as the figure of victim of gender violence is accredited by means of the pertinent documentation)

Divorce or marital separation

(Applies in the event that both spouses work for the same company at the time of the divorce or separation and one of them stops working. This benefit can only be obtained if it is requested within six months of the divorce court decision.)

Loss of administrative license

(To carry out some activities it is necessary for the self-employed to have a license. This means that its loss implies an impossibility to fulfill the work, making the worker entitled to request the benefit. This benefit is not valid when the self-employed loses license for committing a crime.)

Organizational, economic or production causes

(When there are losses greater than 10% of the income or due to the existence of a judicial resolution that prevents the development of the activities. The fact of having a minimum of 30% of recognized debt in the previous activities can also be applied as an economic cause. .)

Causes of force majeure

(Includes all reasons completely beyond the control of the self-employed person and that he could not avoid. Economic crises and supervening illnesses are not considered reasons of force majeure.)

How to apply for self-employment unemployment?

If the self-employed person complies with the causes considered legal and the requirements, he can request the benefit, he only has to go to the Mutual collaborator in which he is attached and complete the corresponding form by providing the necessary documents. You have the possibility of making the request until the last day of the following month from which the activity ceased..

Once the self-employed person submits the request, the managing body has 10 days to request any extra information, and in 30 working days there will be a resolution to said request.

Do you have more questions or do you have more doubts, do not hesitate and contact us We will give you all the guidelines to follow.

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