The General Social Security Law (LGSS) foresees that there are situations in which a person finds himself in a situation in which it is difficult for him to actively carry out his professional activity, given the changes that can be observed (and have been observed in recent years) in the labor market.
Some self-employed workers fear that these considerations do not extend to them, but the law is clear that they, too, are entitled to the same type of protection that all workers get.
The requirements for the self-employed include being affiliated and registered in the Special Scheme for Self-Employed or Self-Employed Workers or in the Special Scheme for Sea Workers, as the case may be. As well as having covered the minimum contribution period due to cessation of activity.
Other self-employed requirements
On the other hand, the beneficiary must be in a legal situation of cessation of activity, sign the activity commitment and prove active availability for reincorporation into the labor market through training activities, professional orientation and promotion of the activity. to summon the Public State Employment Service (SEPE) of the corresponding Autonomous Community, or, where appropriate, the Social Institute of the Navy.
Neither can they have reached the ordinary age to be entitled to a contributory retirement pension, unless the self-employed person has not accredited the contribution period required for it.
You must be up to date in the payment of Social Security contributions. However, if this requirement is not met on the date of cessation of activity, the managing body will invite the self-employed worker to pay so that, within a non-extendable period of thirty calendar days, he pays the due fees. The regularization of the overdraft will produce full effects for the acquisition of the right to protection.
When the self-employed person has one or more workers under their charge, compliance with the guarantees, obligations and procedures regulated in labor legislation will be a prerequisite for cessation of activity.
Unemployment aid, understood as benefits that are extended to people who deserve it for meeting the requirements, are granted to those who, according to article 262 of the LGSS, “those people are unemployed and, being able to wanting to work, they will lose their job or see their contract suspended or their regular working hours reduced, in the legally provided terms”.
All cases protected by Social Security
These are the situations protected by Social Security in the Special Self-Employed Work Scheme:
Medical leave for common illness and non-work accident. Birth and child care. Risk during pregnancy and lactation.