The economic crisis in Spain has led to a drop in overall activity and consequently a significant increase in unemployment in recent months. The effects are produced in the labour market as such, but the data on membership and occupation shows that this crisis affects the independent labour sectors in the same way, that is to say, self-employment. This collective is particularly important in the development of the Spanish economy. The difficulties, therefore, in the sectors in which the activity is carried out on its own, are worthy of particular attention and require, as in the case of salaried workers, urgent measures of impact which in the field of the employment skills can be articulated in this respect.

In this same sense, it is appropriate to promote stable employment in cooperatives and working societies, encouraging the incorporation of workers to the condition of workers in these companies, and thus improving the capitalization of the same and the stability of jobs.

First, as an urgent measure aimed at boosting employment for self-employed workers and cooperatives and working societies, certain conditions for access to and credit for unemployment benefit are improved. single payment method during the period of validity of the royal decree.

On the one hand, it is worth noting that in most of the companies created by the workers, that is, cooperatives and labor societies, they have counted for their creation and growth preeminent with the capital coming from the measure of payment of the unemployment benefit in its single payment method, which is carried out by the unemployed and the salaried workers who acquire the status of the workers ' partners. The current temporary limitation on salaried workers in order to be able to use this measure of employment promotion, according to which their contractual relationship with the cooperative or labour company cannot exceed 24 months, assumes in the current (a) a limitation for these workers to be granted access to the status of a worker of the undertaking and by means of the payment of the benefit in their single payment method can finance their contribution to the social capital of cooperatives and companies, improving their own resources and acquiring a greater commitment with the business project. Therefore, in a situation of economic crisis such as the current one to overcome this temporary limitation of the previous contractual bond, it would entail to give greater possibilities of viability and reinforcement in the employment of the cooperatives and the labor societies.

On the other hand, as a result of the parliamentary motion approving the rescue plan for the self-employed workers, and of the measures agreed at the Autonomous Labor Table, formed by the government and representatives of several In the case of the unemployed workers ' associations, there is an increase in the percentage of the capitalisation of unemployment benefit for the youth groups, in order to increase the chances of unemployed workers up to 30 years of age and women up to 35 can become self-employed workers, making use of these the empowerment conferred on the Government in paragraph 2 of the fourth transitional provision of Law 45/2002 of 12 December 2002 on urgent measures for the reform of the system for the protection of unemployment and the improvement of occupational safety.

These measures to improve the conditions of access and payment of unemployment benefit in the form of a single payment shall be temporary until 31 December 2010, without prejudice to the fact that the Government may to extend the measure, depending on the evaluation in terms of effectiveness in the creation of employment and taking into account the criteria of the most representative trade unions and employers ' organisations, the associations of the self-employed and the organisations of the social economy.

Also, by virtue of the motion approving the Rescue Plan for the self-employed, of the Agreement of the Autonomous Labor Bureau, and in accordance with the final provision of Law 43/2006, of December 29, the improvement of growth and employment and in accordance with the said motion the Congress of Deputies is urged to the Government to promote the application of the bonuses provided for in law 43/2006, of 29 December, for the improvement of the increase and the employment, hiring and hiring of self-employed workers, as well as the creation of a 50% of the social contributions for the first employee with an indefinite contract of the self-employed person for 24 months. In compliance with that mandate, a new measure is taken which aims to encourage the self-employed worker in his first indefinite employment of the employed person who has the status of unemployed person since the entry into force of the of the royal decree, provided that it has not had salaried workers during the three months prior to this recruitment, with the bonus of 50 percent of the business quota of common social security contingencies, so that it is the measure is supplemented by the measure provided for in Royal Decree-Law 2/2009 of 6 March, of measures (i) urgent measures for the maintenance and promotion of employment and the protection of unemployed persons, which is a bonus for the indefinite recruitment of unemployed persons with a benefit of more than three months by employers with the benefit of the 100 percent of the business share of common Social Security contingencies.

On the other hand, certain aspects of the amortization of the debts of cooperatives and labor companies to the Salarial Guarantee Fund are modified. Article 2 (5) and (6) of Royal Decree 505/1985 of 6 March 1985 by Royal Decree 372/2001 of 6 April 2001 and the additional provision of Law 43/2006 of 29 December 2006 for the Improvement of Growth and Jobs regulate the conditions for exemption from the payment of claims for benefits paid by the Salarial Guarantee Fund to workers who subsequently constitute a working company or an associated cooperative working company. However, in the application of those rules, the lack of consistency between them is evident, because the conditions laid down for the exemption of the amounts outstanding from 8 April 2001 (the date of entry into force of the said Regulation) Royal Decree 372/2001 of 6 April 2001) of the recovery agreements signed with the companies or cooperatives concerned are more burdensome than the requirements laid down in Law 43/2006, which applies to the amounts derived from the recovery agreements with a maturity date of 8 April 2001. In the light of all the background, it is appropriate to amend Royal Decree 505/1985 of 6 March 1985 and Royal Decree 372/2001 of 6 April 2001 in order to unify and make the arrangements governing the requirements of this Directive more coherent. exemption.

Finally, Article 228.2 of the Recast Text of the General Law of Social Security states that: " The payment of the benefit-for unemployment-shall be made by the managing body ... in the cases and in the conditions that rules are determined ".

In view of the significant increase in the number of job-regulation files in which temporary suspensions of employment contracts are requested in relation to unemployment benefits, it is necessary to introduce a provision final to establish the applicable multiplier coefficient, where the periods of suspension relate only to working days. This is for legal certainty and for simplifying and streamlining performance management.

In its virtue, on the proposal of the Minister Labour and Immigration, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of July 31, 2009,

DISPONGO:

Article 1. Payment of the unemployment benefit in its single payment method.

In use of the enabling provision in paragraph 2 of the fourth transitional provision of Law 45/2002 of 12 December 2002, of urgent measures for the reform of the system of protection for unemployment and improvement of occupational safety, it is established that applications for payment of the unemployment benefit in its single payment method which are issued between the date of entry into force of this royal decree and 31 December 2010 shall be governed by the provisions of paragraph 1 of the This arrangement with the following particularities:

(a) They may benefit from the provisions of Rule 1 (1), the beneficiaries of unemployment benefits when they intend to enter, in a stable manner, as working or working partners in cooperatives or in companies employment, even if they have maintained a prior contractual relationship with such companies, regardless of their duration.

(b) The percentage referred to in Rule 3 (2), paragraph 2, shall have an upper limit of 80% where the beneficiaries are young men up to 30 years of age or young women up to and including 35 years of age, the age at the date of the application.

Article 2. Bonification for the indefinite hiring of the first employee of the self-employed worker.

1. The self-employed worker who, since the entry into force of this royal decree and until 31 December 2009, has been indefinitely engaged in an unemployed person who constitutes his first employee, and is not in the field of application of the bonuses for the indefinite recruitment of workers benefiting from the unemployment benefits set out in Article 5.1 of Royal Decree-Law 2/2009 of 6 March 2009 on urgent measures for the maintenance and promotion of employment and the protection of unemployed persons, it shall be entitled, provided it has not had workers employees during the three months prior to this recruitment, to a 50 per cent allowance in the business share to Social Security for common contingencies, for a maximum period of 24 months.

2. The employed self-employed worker must maintain the stability of employment of his first employee during at least 24 months from the date of the start of the employment relationship, in the event of non-compliance with this obligation. to the reimbursement of the bonuses applied, without prejudice to the application of the provisions of the Law of Infractions and Sanctions in the Social Order, recast text approved by Royal Legislative Decree 5/2000 of 4 August.

This obligation shall not be deemed to be breached where the contract of employment is terminated by disciplinary dismissal declared or recognised as having been made, by resignation, death, retirement or permanent total incapacity, absolute or grand invalidity of the worker.

3. The bonus referred to in this Article shall be incompatible with any other provided for the same purpose. In the event that the hiring of a worker could lead to the application of other bonuses, only one of them may be applied, the option being for the beneficiary at the time of formalising the worker's discharge. in Social Security.

4. The contracts referred to in this Article shall be formalised in the official model provided by the State Public Employment Service.

5. The provisions contained in the Employment Promotion Programme set out in Section 1 of Chapter I of Law 43/2006 of 29 December 2006 for the improvement of growth and employment shall be applied in the absence of this article.

6. The State Employment Public Service will carry out a quarterly follow-up of the bonus set out in this article, to ensure that the requirements and purpose of the bonus are met.

7. This allowance for social security contributions shall be applied by self-employed persons on an automatic basis in the relevant contribution documents, without prejudice to their inspection and review by the Labour and Safety Inspectorate. Social, by the General Treasury of Social Security and by the Public Service of State Employment.

Additional disposition first. Evolution of the measure of credit for the unemployment benefit in its single payment method.

The government will analyze the application of Article 1 of this royal decree, in order to analyze the origin of the extension of the measures contained in point (a) and point (b) of that article from 1 January 2011, extending its validity according to its capacity to generate employment in a significant way and its efficiency, after consultation with the most representative trade union and business organizations, autonomous associations and organizations of the social economy affected.

Additional provision second. Financing of bonuses in social security contributions.

The bonuses in the business contribution to Social Security, provided for in this royal decree, will be financed from the corresponding budget item of the State Employment Public Service.

Single transient arrangement. Contracts prior to the entry into force of this royal decree.

The employment contracts, as well as the bonuses applicable to them, which would have been concluded prior to the entry into force of this royal decree, will continue to be governed by the regulations in force at the time of their concertation.

Final disposition first. Amendment of Royal Decree 505/1985 of 6 March on the organisation and operation of the Wage Guarantee Fund.

Article 2 (5) and (6) of Royal Decree 505/1985 of 6 March on the organisation and operation of the Salarial Guarantee Fund are worded as follows:

" 5. However, where the beneficiaries of the benefits of the Salarial Guarantee Fund were workers who, after ceasing in the undertaking in which they were providing services, constituted a working company, an associated cooperative or a worker another type of cooperative, to which the workers 'partners apply the rules laid down for the workers' partners of the aforementioned worker cooperatives, will not return the benefits received, provided that the the amount of the debts arising from the debts has been fully contributed to the company or cooperative constituted, as social capital. "

" 6. If the company, for any reason, lost its job status within 15 years after its constitution, it must reinstate the Salarial Guarantee Fund the amounts paid to its members by the agency. workers in respect of wages or allowances due by the previous undertaking.

This will apply if, in that period, it causes a reduction as a partner of the labour or cooperative society referred to in the previous paragraph, any of the working partners who would have received the benefits of the Guarantee Fund and that were provided to the constitution of the own labor or cooperative society, as to the part corresponding to the partner that causes low, unless the discharge has been produced for causes other than the autonomy of the the will of the parties, such as the death, permanent incapacity or retirement of the worker and provided that it does not result in a reduction in the level of employment of the company to the date of its establishment. '

Final disposition second. Amendment of Royal Decree 372/2001 of 6 April amending Royal Decree 505/1985 of 6 March on the organisation and operation of the Wage Guarantee Fund.

The single transitional provision of Royal Decree 372/2001 of 6 April amending Royal Decree 505/1985 of 6 March 1985 on the organisation and operation of the Salarial Guarantee Fund is hereby amended as follows: follows:

" The provisions of Article 2 (5) and (6) of Royal Decree 505/1985 of 6 March 1985 shall apply to the recovery agreements signed between the Salarial Guarantee Fund and the cooperatives referred to in paragraph 5, existing at the date of entry into force of this Royal Decree 372/2001 of 6 April 2001, in respect of the amounts outstanding to be defeated on the date of their entry into force, provided they prove that the the amount of the principal outstanding to be overcome has been contributed, by any means, as social capital to the same and who have maintained their employment status during the period laid down in paragraph 6.

This provision will also apply to labor or cooperative societies that have been subrogated in recovery agreements, originally signed by their predecessor companies and the Salarial Guarantee Fund, always that they have at the date of signature the character of a working or cooperative society. In no case shall the return by the Salarial Guarantee Fund of the amounts already paid by the cooperative or labour companies in compliance with recovery agreements signed prior to 8 April 2001. "

Final disposition third. Amendment of Royal Decree 625/1985 of 2 April 1985 implementing Law 31/1984 of 2 August on unemployment protection.

A new paragraph 6 is incorporated into Article 22 of Royal Decree 625/1985 of 2 April, implementing Law 31/1984 of 2 August of unemployment protection, with the following wording:

" 6. In the case of suspension of the employment relationship under an employment regulation or a judicial decision within a court of insolvency, where the period of suspension relates exclusively to working days, effects of the payment and consumption of unemployment benefits, in order to compute the proportional share of the weekly rest, these working days shall be multiplied by the coefficient 1,25, except where the suspension affects five or six consecutive working days, in which seven days will be paid and consumed.

This coefficient shall be applied to the total of the working days of the month, without in any case the sum of the days to be paid by the worker in respect of wages and unemployment benefits. natural of that month. "

Final disposition fourth. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.17. of the Constitution, which attributes exclusive competence to the State in matters of the economic regime of social security. The first and second final provisions, which are issued under the provisions of Article 149.1.7. of the Constitution, which gives the State exclusive competence in matters of labour law, are exempted from the foregoing.

Final disposition fifth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given at the Honorary Consulate of Spain in Funchal, on July 31, 2009.

JOHN CARLOS R.

The Minister of Labor and Immigration,

CELESTINO CORBACHO CHAVES