Can You Start As Self-Employed And Continue Collecting Unemployment?

It is possible to reconcile the registration in the RETA (Special Regime for Self-Employed Workers) for all those recipients of the contributory unemployment benefit who, having totally and definitively ceased their work activity, cause registration as a worker in the RETA, that is, they can reconcile the monthly perception of the benefit that corresponds to self-employment.

There is a time limit for this simultaneity, that is, it will be carried out for a maximum of 270 days or for the shorter time pending receipt of unemployment, and provided that said compatibility is requested within 15 days from the date start of activity as a self-employed worker. A term that cannot be extended, that is, after which it is no longer possible to claim unemployment while registering with the RETA.

Another option to access this compatibility is if the self-employed worker joins as a member of a newly created labor company or as a worker member of a newly created associated work cooperative and is framed in the corresponding RETA due to their self-employment activity. . In the latter case, you will receive 100% of the amount of the unemployment benefit with the IRPF discount, if applicable, and without deduction of Social Security contributions.

Like any rule, this rule is not exempt from exceptions, therefore, and despite the generality of the aforementioned compatibility rule, there are a series of compatibility exceptions:

It is not possible to simultaneously stop and RETA for: 

  • Those who start an activity on their own
  • Those who join a cooperative of associated work or labor society already constituted.
  • Similarly, those whose last job was self-employed will not be able to benefit from compatibility.
  • Those who have made use of this right in the 24 months immediately prior to the start date of the self-employment activity
  • Those who are constituted as self-employed workers and sign a contract to carry out their professional activity with the employer for whom they have provided their services as an employee.

Do not hesitate to ask Manchester Tax Certified Public Accountant about any question that may arise in relation to your specific situation.

We will assist you with the professionalism and attention that you need, clarifying any doubts that may arise in relation to the topic raised in this article as well as any other related to your economic activity as a self -employed person.

Unemployment In The Self-Employed Due To Cessation Of Activity

Collecting unemployment in the case of self-employed workers entails some particular features, different from that of an employee. For example, the self-employed must have contributed due to cessation of activity for a period of four years, to have access to one year of benefit, while in the case of General Scheme workers, only one year is required to have worked to access in its own right to two years of benefit.

The RETA or Special Scheme for Self-Employed Workers is affected by a series of particular conditions that make the unemployment benefit very peculiar. For example, in 2017, 3,803 applications for the cessation of activity were submitted and only 1,710 were granted in the first instance. The rest were either refused (they did not meet the required requirements) or remained in the study phase (always according to Social Security data).

Today only 15% of the self-employed would be contributing due to cessation of activity. The rest, take advantage of common contingencies.

Next, we write down what would be the requirements that we would have to meet in order to access that unemployment benefit:

Requirements to Apply For the Unemployment Benefit: Self-Employed

  • Being registered as self-employed
  • Be current of payments in this respect.
  • Have been contributed for a minimum of 12 months as a cessation of activity (immediately prior to the application)
  • You do not have the minimum retirement age
  • Be registered in the public employment service

For greater security and confidence, we encourage you to consult our professionals in case of Cessation of Activity in Self-Employed Workers.