Thursday, October 28

what are they and how to request them


The hospitality industry has been closed for two weeks by decree of the Consell and will remain so, at least, until mid-February.

The hospitality industry has been closed for two weeks by decree of the Consell and will remain so, at least, until mid-February.

Since the beginning of state of alarm caused by health crisis of coronavirus, a series of measures have been established for workers autonomous that their activity has been affected. These are the extraordinary new features published in the Royal Decree-Law 2/2021, of January 26, to reinforce and consolidate social measures in defense of the job. We explain which ones there are and how you can request them:

Article 5. Extraordinary provision of cessation of activity due to the total temporary suspension of activity by the competent authority

Aimed at self-employed workers who are forced to suspend all their activities, as a result of a resolution adopted by the competent authority as a containment measure in the spread of covid-19. It can be requested from February 1, 2021 until the effective date of the lift.

Requirements

  • Be affiliated and registered in the Special Scheme for Self-Employed or Self-Employed Workers or in the Special Scheme for Sea Workers, before January 1, 2021.

  • Be up to date with Social Security payments and obligations. Otherwise, the payment of the fees will be invited within the non-extendable period of 30 calendar days.

Duration

From the day after the competent authority adopts the activity closure measure, until the last day of the month in which the measure ends, or until May 31, 2021, if the measure ends after May 31 .

Amount

  • 50% of the minimum contribution base that corresponds to the activity carried out (70% if the recipient is part of a large family and their suspended activity was the only source of income).

  • 40% when people united by family ties live together up to the first degree of kinship by consanguinity or affinity, and two or more members are entitled to this extraordinary benefit.

Incompatibilities

  • It is incompatible with temporary disability, maternity (total) and paternity benefits (it is compatible with maternity / partial paternity, widowhood, orphanhood and CUME – other than 99% – recognized in advance for the purposes established by the closing resolution ).

  • With paid work, unless the income from paid work is less than 1.25 times the amount of the minimum interprofessional salary.

  • With the performance of another activity on their own.

  • With the receipt of income from the company whose activity has been affected by the closure.

  • With aid for fleet stoppage, for self-employed workers included in the Special Scheme for Sea Workers.

Request

There will be 21 calendar days to submit the request, counting from the implementation of the measure. If it is presented after 21 days, the benefit will start on the day of the request.

Article 6. Benefit for those self-employed workers who cannot opt ​​for the ordinary benefit of cessation of activity, nor the extraordinary benefit regulated in article 7 of RDL 2/2021 (article 6)

It can be requested from February 1, 2021 until April 30, 2021. Self-employed workers who are in the following situation can apply for this benefit:

  • Not having the right to the ordinary provision of cessation of activity or the provision of cessation compatible with self-employment regulated in article 7 of RDL 2/2021.

  • Not having net returns from self-employment, in the first half of 2021, higher than € 6,650.

  • Present a reduction in taxable income from self-employment during the first semester of 2021 lower than those obtained in the first quarter of 2020.

Requirements

  • Be affiliated with and registered in the Special Scheme for Self-Employed or Self-Employed Workers or in the Special Scheme for Seafarers, where appropriate, since before April 1, 2020.

  • Be up to date in the payment of Social Security contributions. Otherwise, the payment of the fees will be invited within the non-extendable period of 30 calendar days.

Duration

  • It will last for a maximum of 4 months, that is, until 05/31/2021.

  • The benefit will expire if, during the receipt of the same, the self-employed person causes the right to request the ordinary benefit of cessation of activity or the extension of the cessation benefit compatible with self-employment (article 7 of RDL 02/2021) .

Amount

  • 50% of the minimum contribution base that corresponds to the activity carried out.

  • 40% when people united by family ties live together up to the first degree of kinship by consanguinity or affinity, and two or more members are entitled to this extraordinary benefit.

Incompatibilities

  • It is incompatible with temporary disability, maternity (total) and paternity benefits (it is compatible with maternity / partial paternity, widowhood, orphanhood and CUME – other than 99% – recognized in advance for the purposes established by the closing resolution ).

  • With paid work, unless the income from paid work is less than 1.25 times the amount of the minimum interprofessional salary.

  • With the performance of another activity on their own.

  • With the receipt of income from the company whose activity has been affected by the closure.

  • With aid for fleet stoppage, for self-employed workers included in the Special Scheme for Sea Workers.

Request

Article 7. Provision of termination of activity compatible with self-employment

Aimed at those self-employed who have not managed to recover the activity levels of their business and do not plan for this to happen in the coming months.

Requirements

Amount

  • In general, it will be 70% of the regulatory base, calculated according to the provisions of article 339 of the General Social Security Law (RDL 8/2015 of October 30).

  • As an exception, for the self-employed with multiple activities, it will be 50% of the minimum contribution base corresponding to the declared activity if:

  • Net income from self-employment and income from paid employment does not exceed € 2,090 (2.2 times the minimum interprofessional wage).

  • Income from paid employment does not exceed € 1,187.50 per month or € 39.58 per day, not including extra pay (1.25 times the minimum interprofessional salary).

The mutual will pay the self-employed worker the amount of the contributions for common contingencies that would have corresponded to pay the General Treasury of the Social Security.

In the event that the self-employed person is on sick leave due to temporary disability, he or she may request the benefit once he is on medical discharge. If the request has been submitted within the period established for it, in case of recognition, the benefit will be paid from the day after the medical discharge.

Duration

It will have a maximum duration of 4 months, until 05/31/21.

Incompatibilities

  • With temporary disability, maternity (total) and paternity benefits (it is compatible with partial maternity / partial paternity, widowhood, orphanhood and CUME – other than 99% – recognized previously).

  • With work as an employee, unless the income from it is less than € 1,187.40 per month or € 39.58 per day, not including extra pay (1.25 times the minimum interprofessional salary).

  • With the performance of another activity on their own.

  • Aid for fleet stoppage, for self-employed workers included in the Special Scheme for Sea Workers.

Request

  • Applications submitted until 02/21/2021 (included) will take effect from 02/01/2021.

  • Applications submitted from February 22 onwards, will take effect the day after the application is submitted.

  • It may be requested, at any time, during the period between the entry into force of the rule and the month of May 2021.

Article 8. Extraordinary provision of cessation of activity for seasonal workers

Seasonal workers are considered:

  • To those self-employed workers whose only work during the years 2018 and 2019 had been carried out in the Special Regime for Self-Employed Workers or in the Special Regime for Sea Workers, for a minimum of four months and a maximum of six, in each one of the years.

  • For these purposes, the worker will be considered to have performed his or her only job in 2018 and 2019, provided that the registration as an employed person does not exceed 120 days throughout the years 2018 and 2019.

Requirements

  • Be affiliated and registered in the Special Scheme for Self-Employed or Self-Employed Workers or in the Special Scheme for Self-Employed Sea Workers, for at least four months and a maximum of 6 months in each of the years 2018 and 2019 , provided that at least two months are in the first half of the year.

  • Not having been registered, or assimilated to registration, as an employee in the corresponding Social Security regime, more than 60 days. during the first half of 2021.

  • Not having obtained, during the year 2021, a taxable net income that exceeds 6,650 euros.

  • Be up to date in the payment of Social Security contributions. Otherwise, the payment of the fees will be invited within the non-extendable period of 30 calendar days.

Duration

It will have a maximum duration of 4 months, that is, until 05/31/21.

Amount

The equivalent of 70% of the minimum contribution base that corresponds to the activity carried out in the Special Regime of Social Security for Self-Employed or Self-Employed Workers or, where appropriate, in the Special Regime of Social Security for Workers from sea.

Incompatibilities

Request

  • It can be requested, at any time, during the period between February 1, 2021 and May 2021.

  • Applications submitted until 02/21/2021 (included) will take effect from 02/01/2021.

  • Applications submitted from February 22 onwards, will take effect from the day after the application is submitted.


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