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Law 31/2015, 9 September, Which Modifies And Updates The Rules On Self-Employment And Adopt Measures Of Promotion And Promotion Of Self-Employment And The Social Economy.

Original Language Title: Ley 31/2015, de 9 de septiembre, por la que se modifica y actualiza la normativa en materia de autoempleo y se adoptan medidas de fomento y promoción del trabajo autónomo y de la Economía Social.

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TEXT

FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

I

The momentum of self-employment, both individual and collective, has been one of the main thrust of the policies that have been carried out in recent years in the field of employment.

A number of policies that have led to the implementation of different actions aimed at a collective which, by 31 December 2014, was made up of more than three million self-employed workers (3,125,806) and The total number of workers discharged from the hospital is 18.5 percent of the total number of workers discharged from the social security system. Of these, 1,945,548 are self-employed individuals, of whom nearly 20.4 percent (398,477) have contract workers (775,590).

Autonomous work therefore presents an important specific weight in the labour market which, although, during the years of crisis, experienced a significant decrease-between January 2008 and December 2012 the number of Social Security members were reduced by 387,448 people-it has shown an important capacity for recovery. In 2014 alone the number of self-employed people grew by 75,465 people and between December 2011 and December 2014 the number of self-employed people has registered an increase of 54,137 members.

In addition, self-employed people have a huge potential in terms of job creation. This is demonstrated by the fact that, over the last three years, the number of employees hired by the self-employed has increased by a total of 95,145 people, which represents a growth of 14 percent.

For all these reasons, to which is added the fact that in Spain the productive fabric is composed mainly of self-employed workers and small and medium enterprises, has been taken into account the self-employed and entrepreneurs in the main projects of the Ministry of Employment and Social Security and other ministerial departments.

Among them, is Law 3/2012, of July 6, of urgent measures for the reform of the labor market, which introduced the contract of Support to Entrepreneurs; the Strategy of Entrepreneurship and Employment Young 2013-2016, which gave Place at the start of the 50-euro Plana Tarifa in the contribution to Social Security for new self-employed persons; Law 14/2013 of 27 September, of Support to Entrepreneurs and their Internationalization; or Royal Decree-Law 1/2015, of 27 February, second opportunity mechanism, reduction of financial burden and other measures of order social.

Self-employment has also been taken into account in the modernisation of active employment policies and in the new vocational training system for employment in the workplace.

The self-employed and entrepreneurs have therefore been a prominent place in employment policies in recent years. Policies between the objectives of which are also the promotion of collective entrepreneurship and the support and encouragement of the Social Economy whose entities, throughout the economic crisis, have demonstrated an important capacity in terms of creation and job maintenance becoming even an alternative for other companies that saw in some of their formulas how to prevent their disappearance.

In our country, cooperatives and labor societies give direct employment to nearly 335,000 people, and the Special Centers for Employment and Insertion Companies employ more than 75,000 workers. All these workers must also be added to the rest of the formulas of the Social Economy, such as foundations, associations, mutual societies or fishermen's co-fradies.

This is in addition to stable employment, as evidenced by the fact that, between the fourth quarter of 2007 and the fourth quarter of 2013, the destruction of employment in cooperatives has been almost six points lower in terms of Social security affiliation to the rest of the enterprises or data indicating a steady increase in the number of workers in the insertion companies during the years of greatest difficulties.

Likewise, social economy entities are having a good performance in terms of employment since the beginning of the recovery. This is indicated by data such as those pointing out that, in 2014, and after 11 consecutive quarters of decline, cooperatives have created employment in annual terms.

The Social Economy is, moreover, a source of stable, quality and non-detachable job creation and is an important platform for access to employment for those who, due to their special circumstances, find greater difficulties of job insertion and/or that are at risk of social exclusion. They are therefore a key element of much-needed social cohesion in the wake of the long crisis our country has experienced.

This is why, in the last few years, support for the different formulas that the Social Economy encompasses has been clear and measures such as the capitalization of unemployment benefit and the Plana Tarifa for the self-employed, whose The objective is to facilitate the entrepreneurship, have been incorporated others aimed to favor the increase of the entities of the Social Economy among which are the start of new incentives for the incorporation of partners workers or the setting up of incentives for cooperatives and labour companies to be able to recruit indefinitely.

The Operational Programme for Social Inclusion and the National Social Economy has been designed in the framework of the programming period of the European Social Fund 2014-2020. A program that is a novelty in our country in terms of the support of the Social Economy and that will be endowed with almost 1.2 billion euros in total cost.

II

All the above mentioned actions have led to the setting up of a new scenario which increases, if possible, the already detected need for updating and systematization of the existing regulations on self-employment and in the the scope of the Social Economy since the passage of Law 20/2007, of July 11, of the Statute of the Autonomous Work and of Law 5/2011, of March 29, of Social Economy, and the application in practice of its precepts has demonstrated the existence of various aspects whose regulation is ineffective or susceptible to improvement or development.

Law 20/2007 of 11 July, in its Article 27, provides that public authorities shall adopt policies to promote self-employment directed at the establishment and development of economic and professional initiatives on behalf of the public. This is reinforced by the second and third final provisions of the same legal body, which empower the government to dictate the necessary measures to achieve convergence in the contributions and rights of self-employed workers. in relation to those established for employed persons covered by the scheme General of Social Security, as well as how many provisions are necessary for the implementation and development of such a law.

Likewise, and in the field of the Social Economy, it is worth noting the mandate of the Spanish Constitution, which, in Article 129 (2), states that "the public authorities will promote the various forms effectively." (a) participation in the undertaking and shall encourage, by appropriate legislation, cooperative societies ' or the provisions of Law 5/2011 of 29 March, which, in its fourth additional provision, includes the need for the Government to integrate the Social Economy enterprises in the strategies for improving productivity and in their the second final provision enabling the Government to lay down the detailed rules for implementing and implementing that rule.

On the other hand, Article 121 of Royal Decree-Law 8/2014 of 4 July 2014 on the approval of urgent measures for growth, competitiveness and efficiency enables the Government to carry out a regulatory reform of the the incentives for self-employment in the field of employment and social security, in Title V of Law 20/2007 of 11 July, of the Statute of Autonomous Labour and Law 5/2011 of 29 March, of the Social Economy, as appropriate. To this end, all incentives and bonuses and reductions in the social security contribution in force at the date of entry into force of this royal decree-law will be included in a single provision. harmonisation of the legal or regulatory requirements and obligations. Subsequently, Article 121 of Law 18/2014 of 15 October of the approval of urgent measures for growth, competitiveness and efficiency ratifies this rating.

All of the above highlights the need to systematize the current framework of incentives to self-employment and the Social Economy, bringing together in one text the measures and incentives established in favor of these collectives, improving, harmonizing and expanding existing ones, and implementing new ones.

To do this, and in the specific field of self-employment, new incentives and bonuses are introduced in the contribution to the Special Regime of Social Security of the Workers for Account Own or Autonomous and are improved some of the existing ones, while the incentives for self-employment to provide transparency and greater legal certainty to the existing regulatory framework are unified in a single text. Similarly, in the field of economically dependent self-employed persons, the possibility is established that, in the light of certain circumstances affecting their professional activity and which, at times, prevents them from developing them fully, they may hire an employed person in the situations referred to in this standard.

On the other hand, and in the field of the Social Economy, in order to continue with these policies of promotion and support, in the present text we include novelties such as the recognition of the Insertion Companies and the Special Centers Employment as a service provider of Services of General Economic Interest. This recognition assumes that the grants awarded to these entities are now subject to Commission Regulation 360/2012 of 25 April 2012 and can reach € 500,000 over a period of three years when up to the maximum was 200,000 € in the same period of time.

This is also a statement supported by the European Commission itself, which considers social and labour inclusion as a Service of the General Economic Interest, and these entities are the ones that focus on their activity. in the most disadvantaged groups and around the concept of protected employment.

In addition, the possibility of reservation in the procedures for the award of public contracts to the insertion companies is extended. A possibility of reservation that already existed for the Special Centers of Employment, regarding the persons with disabilities, and that it is now extended for that also the enterprises of insertion, this time in relation to the collectives referred to in their regulations They can benefit from it, thus extending the current regulatory framework in relation to the protection of groups at risk of exclusion from work.

And new actions are also being incorporated, such as the creation of a new incentive to facilitate the transit of workers from protected employment to the ordinary company, as well as other measures aimed at promoting the maintenance of self-employment in its collective aspect, such as the extension of the possibilities of capitalisation of unemployment benefit for participation in cooperative societies or aid for recruitment for the replacement of partners of that type of company.

In short, the measures contained in this law will help to strengthen the road map undertaken in recent years in the field of self-employment, which is articulated around three axes: to promote self-employment, individual or collective; support those who have already undertaken so that they can consolidate and grow their projects; and advance the improvement of the social protection of the self-employed with the aim of bridging the gap between the workers on the account and salaried workers.

III

This law constitutes the crystallization of the previously stated objectives. The inter-sectoral associations representing the autonomous work and the social economy, as well as the trade union and business organisations, have been consulted for their preparation.

The law consists of six articles, one single additional provision, two transitional provisions, one derogating provision and two final provisions.

The article first develops the modifications included in Law 20/2007, of July 11, of the Statute of the Autonomous Work, and includes the novelties that are introduced into the law, by fourteen paragraphs. In the course of this article, the updating of the rules of the autonomous work is carried out, adapting it to the legislative innovations that affect the self-employed, while modifying those aspects that are considered capable of improvement. In this area it is considered necessary to emphasize the authorization of the economically dependent self-employed workers for the hiring of employed persons in those cases in which the interruption of the activity due to causes linked to the reconciliation of your professional activity with your family life could result in the resolution of the contract with your client.

In this way, the lack of existing protection regarding aspects related to the reconciliation of the professional and personal life of this collective of professionals has been addressed, since it was allowed to resolve the a contract concluded between the self-employed worker and his client, at the latter's will, in the case of maternity and paternity of the self-employed person, provided that such a loss is material to the client. Thus, this measure will allow continuity in the relationship between the Economically Dependent Self-employed Worker and his client, protecting the interests of both and avoiding both the damage to the normal development of the activity of the client as the eesc in the activity of the self-employed person, for reasons of conciliation. In addition, this new possibility offered to the Economically Dependent Self-employed Worker will be, as it cannot be otherwise, compatible with the protection of the employed person employed, when the appropriate measures are taken to to avoid the undesired concatenation of temporary contracts which affect the stability of employment, since this new possibility offered to the Economically Dependent Self-employed Worker is, and must not be forgotten, specific to exceptional situations.

On the other hand, this measure will help to highlight the self-organisational capacity of the Economically Dependent Self-employed Worker, taking a further step in its differentiation with respect to the employed person, thereby eliminating the possible spaces of difficult delimitation between both categories.

In addition to the above, and in response to the need to unify in a normative text the set of measures to promote self-employment, paragraphs seven and eight of the first article are in line with the adaptation of Law 20/2007, 11 July, ordering, updating and improving the set of measures planned to promote self-employment through self-employment. Furthermore, in line with this line, it is ensured that measures which can be established after the entry into force of this law and are linked to the promotion of self-employment are integrated into the law in order to avoid a unwanted regulatory dispersion.

This range of measures has, among its main objectives, to unify, clarify and improve the promotion of self-employment. Thus, the greater clarity regarding the quota to be entered by the self-employed worker is remarkable in those cases where during the beginning of their activity, the so-called "Flat rate for the self-employed" is taken into account, as it is fixed not as a percentage, but as a fixed and stable quantity, which allows the professional to know at all times, and with certainty and certainty, the amount to satisfy, without making it depend on the possible modifications in the bases and the types of quotation during the enjoyment of this measure. In addition, the possibility of updating this figure is foreseen through the successive laws of the State General Budget, in order to be able to adapt it to the circumstances of each moment.

In addition, a modification of the measures to promote self-employment through unemployment benefit, with the aim not only to facilitate the self-employed in the beginning of the activity, but also to the ensure that, in the event of the non-viability of your professional undertaking, you have the unemployment protection which you have ceased to receive when you are causing high unemployment in the corresponding social security scheme. Thus, the collective of beneficiaries of self-employed persons in the form of unemployment benefit, who may be able to capitalise on 100% of their benefit to the investment required for the financial year, is extended. activity, by removing the existing age barrier to date. Secondly, the existing age barrier to the date of entry into force of this law which prevents the compatibility of the unemployment benefit with self-employment for a given period is also eliminated and has the same effect as The aim is to help the professional at the start of his/her activity, a period in which income is usually reduced. In both cases, the necessary precautions are also taken to avoid fraudulent use of the measures. Finally, the period of suspension of the unemployment benefit is extended in those cases where an activity is carried out on a self-employed basis, in order to prevent the closeness of the date on which the benefit is to be extinguished. (

) unemployment to exceed the time limits laid down by law on the suspension of the suspension of the period of suspension of the suspension of the suspension of the suspension of the suspension of the suspension of the suspension;

The second article modifies the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of June 20, with the same philosophy that presides the present norm, that is, the promotion of self-employment, by taking measures to allow the suspension of unemployment benefit for a longer period than the existing one to date in those cases where a self-employment work is carried out.

The third article aims to amend Law 5/2011 of 29 March on Social Economy to include incentives for the recruitment of people who, due to their situation, have a lower rate of access to the market. work. In addition, the various measures of capitalisation of unemployment and bonus in contracts of interinity provided for the subjects of the Social Economy are unified in this rule.

The fourth article amends the fifth additional provision of the recast text of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November, to allow the reservation of the participation in procedures for the award of contracts to the insertion companies.

The fifth article amends the second provision of Law 12/2001 of 9 July, of urgent measures to reform the labour market for the increase in employment and the improvement of its quality, relating to the Social security contributions for workers in the period of maternity leave, adoption, reception, risk during pregnancy, risk during natural breastfeeding or paternity suspension, giving new wording.

Article 6 amends Law 43/2006 of 29 December for the improvement of growth and employment by incorporating a new third paragraph into Article 2 (5), establishing a new incentive for the alleged recruitment of persons in a situation of social exclusion by undertakings which do not have the status of insertion undertakings or special employment centres, where such workers have provided their services for an insertion undertaking.

The single additional provision provides that the measures developed in this standard shall not entail an increase in staff costs to be carried out.

The first transitional provision provides for the transition from the measures to promote self-employment which have been enjoyed before the entry into force of this law and which are the subject of modification, in addition to allowing their beneficiaries to enjoy the improvements provided for in the amendments to the previous regulation.

The second transitional provision provides for the application of the new deadlines laid down for the suspension of the unemployment benefit to those beneficiaries who, at the entry into force of this law, have suspended the said period. the provision of a self-employed job.

The single repeal provision provides for the repeal of certain provisions in order to adapt existing legislation to the provisions of the draft.

The final disposition first provides for the title of jurisdiction under which this law is dictated.

The second final disposition establishes the entry into force of the law.

Article first. Amendment of Law 20/2007 of 11 July of the Statute of the Autonomous Labour.

Law 20/2007 of 11 July of the Statute of the Autonomous Labour is amended as follows:

One. Article 4.3 (b) is amended, which is worded as follows:

"b) Not to be discriminated against for reasons of disability, in accordance with the provisions of the recast text of the General Law on the Rights of Persons with Disabilities and their Social Inclusion, approved by the Royal Legislative Decree 1/2013 of 29 November. '

Two. Article 10.4 is amended as follows:

" 4. The self-employed worker shall be liable for his obligations with all his present and future assets, without prejudice to the inembargability of the goods laid down in Articles 605, 606 and 607 of Law No 1/2000 of 7 January, of Civil Procedure, or of the legally intended limitations and exonerations of liability to which they apply. "

Three. Article 11 (2) (a) is amended as follows:

"(a) Do not have an employed person in charge of, hire or subcontract part or all of the activity with third parties, both in respect of the activity contracted with the client of which he or she is economically dependent activities that you might engage with other clients.

The provisions of the preceding paragraph, in respect of the prohibition on the holding of employed persons, shall not apply in the following cases and situations, in which the hiring of a single person shall be permitted. worker:

1. Risk assumptions during pregnancy and risk during natural lactation for a child of less than nine months.

2. Periods of rest for maternity, paternity, adoption or reception, preadoptive or permanent.

3. For care of children under seven years of age.

4. For having a family member, by consanguinity or affinity until the second degree inclusive, in a situation of dependency, duly accredited.

5. For having a family member, by consanguinity or affinity up to the second degree inclusive, with a disability equal to or greater than 33 percent, duly accredited.

In these cases, the Economically Dependent Self-employed Worker will have the character of an employer, in the terms provided for in Article 1.2 of the recast text of the Workers ' Statute Act.

In the absence of expressly provided for, the hiring of the employed person shall be governed by the provisions of Article 15.1.c) of the recast of the Law of the Workers ' Statute and its implementing rules. For the cases referred to in numbers 3, 4 and 5 above, the contract shall be concluded for a day equivalent to the reduction of the activity carried out by the self-employed person without being able to exceed 75% of the day of a comparable full time worker, in annual computation. For these purposes, the term 'full-time worker' shall be comparable to that laid down in Article 12 of the recast of the Law on the Staff Regulations. In these cases, the duration of the contract shall be linked to the maintenance of the situation of care of less than seven years of age or person in a situation of dependency or disability by the self-employed worker, with a maximum duration, in any case, Twelve months.

Only a single employee will be allowed to be employed, even if two or more of the expected cases are present. After completion of the cause of such recruitment, the self-employed person may enter into a new contract with an employed person for any of the reasons set out above, provided that, in any case, between the end of a the contract and the new contract will take a minimum period of 12 months, unless the new contract has as its cause any of the provisions set out in numbers 1 and 2.

However, in the cases of suspension of the contract of employment for temporary incapacity, maternity, paternity, adoption or acceptance, risk during pregnancy or natural breastfeeding or protection of women victims of violence In the case of a worker, a worker may be employed by the self-employed person, as well as in the case of termination of the contract for reasons of origin, to replace the initially employed person, without, at any time, both employed persons being able to provide services at the same time and without, in any event, exceeding the period maximum duration of the procurement provided for in this paragraph.

In the cases provided for in numbers 3, 4 and 5, only one employee shall be allowed to hire for an employed person for each child under the age of seven or a family member in a situation of dependency or disability equal to or greater than 33 per percent.

The hire of an employee governed by this paragraph shall be compatible with the allowance for the reconciliation of professional and family life linked to the recruitment provided for in Article 30 of this Law. "

Four. Article 16 is amended as follows:

" 1. Duly justified reasons for interruption of the activity by the economically dependent worker shall be considered as:

a) Mutual agreement of the parties.

b) The need to address urgent, over-venerated and unpredictable family responsibilities.

(c) The serious and imminent risk to the life or health of the self-employed worker, as provided for in Article 8 (7) of this Law.

d) Temporary capacity, maternity, paternity, adoption or welcome.

e) Risk during pregnancy and risk during natural breast-feeding of less than 9 months.

f) The gender-based violence situation, for economically dependent self-employed workers to make their protection or their right to comprehensive social assistance effective.

g) Force majeure.

2. Other causes of justified interruption of professional activity may be laid down by contract or agreement of professional interest.

3. The reasons for interruption of the activity provided for in the preceding paragraphs may not be based on the contractual termination of the customer's wishes provided for in paragraph 1 (f) of the preceding Article, all without prejudice to other factors. effects which the parties may agree on for such cases. If the customer terminated the contract, such a circumstance would be considered as a lack of justification for the purposes of paragraph 3 of the previous article.

However, where, in the cases referred to in points (d), (e) and (g) of paragraph 1, the interruption causes material injury to the customer which paralyses or disturbs the normal development of his business, it may be considered as the termination of the contract, within the meaning of point (f) of paragraph 1 of the previous Article.

The cases of maternity, paternity, adoption or acceptance, and risk during pregnancy and breastfeeding of a child under 9 months, as referred to in points (d) and (e) of paragraph 1 of this Article, shall be exempted from: provided for in the preceding paragraph, where the economically dependent self-employed worker maintains the activity in accordance with Article 11 (2) (a). "

Five. Article 20 (3) is amended and read as follows:

" 3. Irrespective of the provisions of Article 10 of the Organic Law 1/2002 of 22 March 2002, the association of professional associations of self-employed workers must register and deposit their statutes in the register. (a) special public office established for the purpose in the Ministry of Employment and Social Security, or the corresponding Autonomous Community, in which the association mainly develops its activity. Such registration shall be specific and distinct from that of any other trade union, business or other organization which may be subject to registration by that public office. "

Six. Article 22 (3), (4) and (5) are amended as follows:

" 3. The Autonomous Labour Council shall be composed of representatives of the professional associations of representative self-employed workers whose scope of action is inter-sectoral and state, by the trade unions and employers ' organisations. representative and representatives of the General Administration of the State, the Autonomous Communities and the most representative Local Entities Association at the State level.

4. The Presidency of the Council shall be responsible for the Ministry of Employment and Social Security in the form of regulations.

5. The appropriations necessary for its operation shall be entered in the budgets of the Ministry of Employment and Social Security. '

Seven. A new Chapter I is introduced in Title V.

A new Chapter I is introduced in Title V under the heading "General provisions for the promotion and promotion of self-employment", in which Articles 27, 28 and 29 are integrated.

Eight. A new Chapter II is introduced in Title V.

A new Chapter II is introduced in Title V under the heading "Incentives and measures for the promotion and promotion of self-employment", in which Article 30 is integrated and new Articles 31 to 39 are included with the following: wording:

" Article 31. Reductions and bonuses to Social Security applicable to self-employed persons.

1. The share of common contingencies, including temporary incapacity, of self-employed or self-employed persons causing initial discharge or who would not have been in a situation of discharge in the immediately preceding 5 years, to be counted from the date For the purposes of the discharge, in the Special Scheme for Social Security of Workers for Own or Self-Employed, it shall be reduced to the amount of EUR 50 per month for the 6 months immediately following the date of the discharge, in the case of they choose to list on the minimum basis that corresponds to them.

Alternatively, those self-employed or self-employed persons who, in compliance with the requirements laid down in the preceding paragraph, opt for a higher contribution basis than the minimum corresponding to them, may be applied during the first 6 months immediately following the date of the discharge, a reduction in the share for common contingencies, the quota being reduced as a result of applying to the minimum basis of quotation corresponding to the minimum rate of the current contribution, including the temporary incapacity, equivalent to 80 per percent of the quota.

After the initial period of 6 months provided for in the preceding two paragraphs, and irrespective of the contribution base chosen, the self-employed persons enjoying the measure provided for in this Article the following reductions and allowances on the share of common contingencies may be applied, with the quota being reduced as a result of applying to the minimum price base corresponding to the minimum rate of contribution in force at any time, including temporary incapacity, for a maximum period of up to 12 months, until completion of a maximum period of 18 months after the date of the discharge, according to the following scale:

a) A reduction equivalent to 50 percent of the quota for the 6 months following the initial period provided for in the first two paragraphs of this paragraph.

b) A reduction equivalent to 30 percent of the quota for the 3 months following the period referred to in point (a).

c) A bonus equal to 30 percent of the fee for the 3 months following the period referred to in (b).

2. In the event that the self-employed persons are under 30 years of age, or under 35 years of age in the case of women, and cause initial discharge or have not been in a situation of discharge in the immediately preceding 5 years, to be counted from the date For the purposes of the discharge, in the Special Scheme for Social Security of Workers for Own or Autonomous Account, may be applied in addition to the reductions and allowances provided for in the preceding paragraph, an additional allowance equivalent to 30% percent, on the share of common contingencies, in the 12 months following the end of the the bonus period provided for in the first subparagraph, the fee being the reduction of the result of applying to the minimum basis of contribution corresponding to the minimum rate of contribution in force at any time, including temporary incapacity. In this case the maximum duration of reductions and bonuses will be 30 months.

3. The provisions of the above paragraphs shall also apply to the business partner's and the working partners of the Associate Labour Cooperatives who are employed in the Special Scheme for Social Security of the Workers for Own or Self-Employed, when they meet the requirements of the previous paragraphs of this Article.

4. The provisions of this Article shall be applicable even if the beneficiaries of this measure, once they have started their activity, employ employed persons.

5. The quota allowances provided for in this Article will be financed from the corresponding budget item of the State Employment Public Service and the quota reductions will be borne by the revenue budget. Social, respectively.

Article 32. Reductions and allowances for social security contributions for persons with disabilities, victims of gender-based violence and victims of terrorism who are established as self-employed persons.

1. The share of common contingencies, including temporary incapacity, of persons with a degree of disability equal to or greater than 33 percent, victims of gender-based violence and victims of terrorism, who cause initial or non-initial high they would have been in a situation of discharge in the immediately preceding 5 years, from the date of the discharge, in the Special Scheme of Social Security of the Workers for Account Own or Autonomous, will be reduced to the amount of 50 (a) a monthly payment during the 12 months immediately following the date of the discharge, in the event that the opt to be listed for the minimum base that corresponds to them.

Alternatively, those self-employed or self-employed persons who, in compliance with the requirements laid down in the preceding paragraph, opt for a higher contribution basis than the minimum corresponding to them, may be applied during the first 12 months immediately following the date of the discharge, a reduction in the share for common contingencies, the quota being to reduce 80% of the result of applying to the minimum basis of contribution corresponds to the minimum rate of contribution in force at any time, including temporary incapacity.

After the initial period of 12 months provided for in the preceding two paragraphs, and irrespective of the contribution base chosen, the self-employed persons enjoying the measure provided for in this Article a bonus on the share for common contingencies may be applied, with the quota being to bonus 50% of the result of applying to the minimum price base corresponding to the minimum rate of contribution in force at any given time, including temporary incapacity, for a maximum period of up to 48 months, to complete a period maximum of 5 years from the date of high effects.

2. The provisions of this Article shall be applicable even if the beneficiaries of this measure, once they have started their activity, employ employed persons.

3. The provisions of the above paragraphs shall also apply to the business partner's and the working partners of the Associate Labour Cooperatives who are employed in the Special Scheme for Social Security of the Workers for Own or Self-Employed, when they meet the requirements of the previous paragraphs of this Article.

4. The allowances and reductions in quotas provided for in this Article shall be financed from the budget heading of the State Employment Public Service and shall be borne by the revenue budget of the European Union. Social, respectively.

Article 33. Compatibility of unemployment benefit with the start of an activity on a self-employed basis.

1. Pursuant to Article 228 (6) of the recast text of the General Law on Social Security, adopted by the Royal Decree of Law 1/1994 of 20 June 1994, and by way of derogation from Article 221 of that Law, (a) law, the holders of the right to unemployment benefit at the contributory level, having ceased in full and final employment their employment, which they cause to be high as self-employed persons in one of the social security schemes, may be compatible with the monthly perception of the benefit corresponding to the work autonomous, for a maximum of 270 days or for the lower time to be collected, provided that the managing body is requested within 15 days from the date of the start of the activity on its own account, without prejudice to the right to the compatibility of the benefit takes effect from the date of the commencement of such activity. After that period of 15 days, the worker shall not be eligible for this compatibility.

The completion of a fulltime or part-time job shall mean the end of the compatibility provided for in this Article.

During the compatibility of the unemployment benefit with the self-employed activity, the beneficiary of the benefit will not be required to comply with the obligations as a claimant of employment and those arising from the undertaking's commitment. activities provided for in Article 231 of the General Law on Social Security.

2. Persons whose last employment has been self-employed and who have made use of this right or obtained the single payment of unemployment benefit in the 24 months shall be excluded from the measure provided for in this Article. above.

Neither shall those who constitute self-employed workers be included and enter into a contract for the performance of their professional activity with the employer for whom they have paid their services on a non-contractual basis. immediately prior to the start of the legal status of unemployment or an undertaking from the same business group as that.

3. For the beneficiaries of the measure provided for in this Article, the period of 60 months of reference for the suspension or termination of the right to the receipt of the unemployment benefit provided for in Articles 212.1 (d) and 213.1 (d) of the text recast of the General Law of Social Security will begin to be computed from the date on which the beneficiary caused discharge as a self-employed person in the corresponding special social security scheme.

4. If, after the termination of the work, the worker has the right to protection by cessation of activity, he/she may choose to receive the right to the right to the suspended unemployment protection. Where the worker opts for the previous benefit, the contributions which he or she has generated for the benefit for which he has not chosen may not be counted for the recognition of a subsequent right.

5. The provisions of the preceding paragraphs shall also apply to those recipients of the unemployment benefit who are incorporated as new-creation business partners or worker cooperative members of the associated labour cooperatives. new creation which are covered by the special social security scheme which corresponds to their own account activity, when they meet the requirements of the preceding paragraphs of this Article.

Article 34. Capitalisation of unemployment benefit.

1. Pursuant to Article 228 (3) of the recast text of the General Law on Social Security, adopted by the Royal Decree of Law 1/1994 of 20 June, the provisions of Royal Decree No 1044/1985 of 19 December 1985 will be maintained. June, for which the payment of the unemployment benefit is established in its single payment method, including modifications incorporated by subsequent rules, in which it does not object to the following rules:

1. The managing body may pay the beneficiaries of contributory level unemployment benefits up to 100% of the current value of the amount of such benefit, in the following cases:

a) When they intend to become self-employed workers. In this case, the payment of the benefit shall be paid only once for the amount corresponding to the investment necessary for the development of the activity on its own account, including the amount of the tax charges for the commencement of the activity.

In this case, those who constitute themselves as economically dependent self-employed workers will not be included, by signing a contract with a company with which they would have had a prior contractual link immediately. prior to the legal status of unemployment, or belonging to the same business group as that.

(b) Where they capitalise the provision to allocate up to 100 per cent of their amount to make a contribution to the share capital of a new constitution or constituted within a maximum period of 12 months before to the contribution, provided that they are in possession of effective control of the same, as provided for by the additional twenty-seventh provision of the recast text of the General Law on Social Security and to pursue a professional activity therein, (a) under the special scheme for the social security of employed persons for the account of the Self-employed or in the Special Regime of the Social Security of the Sea Workers.

In this case, those persons who have maintained a prior employment link immediately prior to the legal status of unemployment with those companies or other persons belonging to the same business group shall not be included in this case.

In both cases, those who capitalize on the unemployment benefit will be able to allocate the same to the expenses of the creation and operation of an entity, as well as the payment of taxes and taxes. They may also allocate up to 15% of the amount of the capitalized benefit to the payment of specific services for advice, training and information related to the activity to be undertaken.

The amount of the benefit, calculated on full days, from which the amount relating to the legal interest of the money will be deducted, shall be paid as a single payment.

However, if the benefit is not obtained for its total amount, the remaining amount can be obtained in accordance with the following rule

.

2. The managing body may pay monthly the amount of the contributory level unemployment benefit to support the contribution of the worker to the Social Security and in the following terms:

(a) The amount of the grant, calculated on full days of benefit, shall be fixed and shall correspond to the amount of the employee's full contribution to the Social Security at the time of the start of the activity without consideration future amendments, except where the amount of the subsidy is below the contribution of the worker corresponding to the minimum contribution base in force for each social security scheme; in that case, the latter shall be paid.

(b) The payment shall be made monthly by the managing body to the worker, after checking that it is kept high in the Social Security in the corresponding month.

3. The application for the payment of the contributory level unemployment benefit, as set out in the rules 1. and 2. in any case, must be from the date before the start of the activity as a self-employed worker or as Member of the business entity, considering that such a start coincides with the date that as such figure in the application of the worker in the Social Security.

If the worker, or the legal representatives of the workers in the event of a collective dismissal, have challenged the termination of the employment relationship of the unemployment benefit, the application must be later than the resolution of the corresponding procedure.

The economic effects of the payment of the requested right shall be produced from the day following that of their recognition, except where the date of commencement of the activity is earlier, in which case, the date of commencement of the that activity.

4. You shall not be entitled to receive unemployment benefit in your single payment method in accordance with Rules 1 and 2 of the previous paragraph who, in the 24 months preceding your application, have made the work compatible own account with the contributory level unemployment benefit.

5. If after the involuntary cessation of self-employment without having extinguished the unemployment benefit of the contributory level, the worker has the right to protection by cessation of activity, he may choose to receive is or will reopen the right to that. The option for one or other protection will involve the extinction of the benefit for which you do not opt.

2. The Government may, by means of royal decree, amend the provisions of paragraph 1 above.

Article 35. Bonuses for senior family members of self-employed workers.

The spouse and family of self-employed persons by consanguinity or affinity up to and including the second degree and, where appropriate, by adoption, which are incorporated into the Special Scheme of Social Security of Workers Self or Autonomy, as long as they had not been discharged in the same period in the previous 5 years immediately, and collaborate with them by carrying out works in the activity in question, including those of the workers own account of the Special Regime of the Workers of the Sea, as from the entry into force of this law, will be entitled to a bonus for 24 months after the date of the discharge, equivalent to 50% for the first 18 months and 25% for the following 6 months, of the fee to be applied on the minimum basis of the corresponding rate of contribution in force at any time in the Special Regime, or Special System where appropriate, of self-employment that corresponds to it.

The provisions of this Article shall not apply to the family members who have previously benefited from this measure.

Article 36. Autonomous workers of Ceuta and Melilla.

The workers employed in the Special Workers ' Regime for Own or Self-employed persons engaged in activities in the fields of Agriculture, Fisheries and Aquaculture; Industry, except Energy and Water; Trade; Tourism; Hotels and other services, except Air Transport, Construction of Buildings, Financial and Insurance Activities and Real Estate Activities, which reside and exercise their activity in the cities of Ceuta and Melilla, will be entitled to a 50 percent bonus in their contributions to the Social Security contributions for common contingencies.

Article 37. Reduction of quotas in favour of certain relatives of the holder of the agricultural holding.

1. In the case of persons incorporated in the agricultural activity who are included in the Special Scheme for the Own or Self-Employed Workers through the Special System for Agricultural Own Account Workers, who have 50% of the or less years of age at the time of such incorporation and are the spouses or descendants of the holder of the agricultural holding, provided that the holder is discharged in the abovementioned Conditions and Special System, shall apply, on the basis of common contingencies for compulsory coverage, a reduction equivalent to 30 per cent of the quota which results from applying to the corresponding minimum contribution base, the rate of 18.75 per cent.

The reduction of quotas set out in the previous paragraph will last for five years, computed from the date of the obligation to list and will be incompatible with the reduction and bonus for the new workers included in the Special Scheme for the Own or Self-Employed Workers provided for in Articles 31 and 32 of this Law.

2. The reduction referred to in this Article, provided that the conditions laid down in this Article are met, shall also apply to the spouse of the holder of an agricultural holding who is the holder of the holding under the ownership scheme. shared, unless it has been subject to the reduction provided for in paragraph 1, in which case it shall continue to be collected until it is extinguished.

Article 38. Allowance for Social Security contributions for self-employed workers in the period of maternity leave, adoption, reception, risk during pregnancy, risk during natural lactation or paternity suspension.

1. To the contribution of self-employed or self-employed persons, who are replaced during periods of rest by maternity, adoption, reception, paternity, risk during pregnancy or risk during natural lactation, by means of contracts of (a) a bonus of 100 per cent of the quota to be applied on the basis of the minimum or fixed basis corresponding to the minimum or fixed basis for the benefit of the person concerned; the type of contribution established as compulsory for workers included in the scheme Social security special to be the case for your own account activity.

2. This bonus shall apply only as long as the suspension of activity for such causes and the replacement contract of interinity and, in any case, the maximum limit of the suspension period coincide.

Article 39. Single payment of the benefit by cessation of activity.

1. Those who are the holders of the right to benefit by cessation of activity, and are not entitled to receive a period of at least six months, may receive the current value of the amount of the benefit at one time when they are accredited to the body. a manager who is to carry out a professional activity as self-employed persons or to allocate 100 per cent of his or her amount to make a contribution to the share capital of a new constitution or constituted within the maximum time limit of 12 months prior to the contribution, provided that they are in possession of effective control of the same, in accordance with provided for by the additional twenty-seventh provision of the recast text of the General Law on Social Security and to carry out a professional activity in it, framed as self-employed persons in the Special Regime of Security Social corresponding by reason of their activity.

2. The beneficiary who wishes to receive his/her benefit at one time may request it from the managing body, accompanying the application for explanatory memoria on the investment project to be carried out and the activity to be carried out, as well as how much documentation accredit the feasibility of the project.

3. The managing body, taking into account the feasibility of the project to be carried out, shall recognise the right within 30 days from the application for the single payment. Against the decision of the managing body, it may be claimed in the terms of Article 19 of Law 32/2010 of 5 August establishing a specific system of protection for the cessation of the activity of self-employed workers.

The application for the payment of the benefit by cessation of activity, in any case must be from the date before the date of incorporation of the beneficiary to the society or to the start of the activity as a self-employed worker, Whereas such a start coincides with the date as such in the worker's application for high social security.

4. Once the benefit is received at its present value, the beneficiary must start, within the maximum period of one month, the activity for which he has been granted and discharge himself as a self-employed person in the relevant scheme. Social Security Special, or credit, if applicable, that it is in the phase of initiation.

5. The payment of the benefit shall be paid only once for the amount corresponding to the contributions to the social capital or to the investment necessary to develop the activity as self-employed persons, including the tax burdens for the start of the activity.

In both cases, those who receive the sole payment of the benefit by cessation of activity may allocate the same to the expenses of the constitution and the operation of an entity, as well as the payment of the fees and taxes. They may also allocate up to 15% of the amount of the capitalized benefit to the payment of specific services for advice, training and information related to the activity to be undertaken.

The amount of the benefit, calculated on full days, from which the amount relating to the legal interest of the money will be deducted, shall be paid as a single payment.

6. The managing body may, at the request of the beneficiaries of this measure, allocate all or part of the single payment of the benefit by cessation of activity to cover the costs of social security contributions. In this case, the following rules must be adhered to:

First. If the benefit is not received for its total amount, the remaining amount may be obtained in accordance with the following second rule.

In addition, the benefit beneficiary may choose to obtain all of the outstanding benefit to be received in accordance with the following second rule.

Second. The managing body may pay monthly the amount of the benefit by cessation of activity to compensate for the contribution of the worker to the Social Security, and in this case:

(a) The amount to be paid, calculated on full days of benefit, shall be fixed and shall correspond to the amount of the employee's full contribution to the Social Security at the time of the start of the activity without considering future modifications.

(b) The payment shall be made monthly by the managing body or body to the worker, after checking that it is kept high in the Social Security in the month concerned.

7. The perception of the benefit in a single payment shall be compatible with other aid which may be obtained for the promotion of self-employed work either on an individual basis or through the formation of a capital company.

8. The non-affectation of the amount received for the performance of the activity for which it has been granted shall be considered as undue payment for the purposes set out in Article 31 of Royal Decree 1541/2011 of 31 October 2011, for which the Law 32/2010 of 5 August 2010 establishing a specific system of protection for the cessation of the activity of self-employed workers. For these purposes, unless proof to the contrary, it is understood that there has not been an effect when the worker, within one month, has not accredited the extremes referred to in paragraph 4 of this Article. "

Nine. Paragraph 1 of the second additional provision is amended as follows:

" 1. In accordance with the principles of rationalisation and legal certainty, all measures to promote self-employment consisting of reductions and bonuses in the contribution to social security in favour of self-employed workers will be regulated in the through this law. "

Ten. The ninth additional provision is amended, which is worded as follows:

"On a biennial basis, the Government will assess the impact of the measures provided for in Articles 33 and 34 of this Law, in order to analyse its impact on self-employment and its possible updating."

Once. A second paragraph is added to the additional twelfth provision, with the following wording:

"The presence of representative cross-sectoral associations of self-employed workers at the state level will be ensured through their participation in the corresponding working groups set up in the Commission National of Safety and Health at Work, when the working conditions of the self-employed are addressed, in the assumptions of planning, scheduling, organization and management control related to the improvement of the conditions of work and the protection of the safety and health of the self-employed. "

Twelve. The additional provision of thirteenth is amended, which is worded as follows:

" The references to the spouse of the self-employed worker and the holder of the agricultural holding provided for in Articles 35 and 37 of this Law shall also be construed as having been made to the person linked in a stable manner to that person by a the relationship of affectivity analogous to the conjugal once it is regulated, in the field of the field of application of the system of the Social Security and of the Regimenes that make up the same, the scope of the framing of the couple in fact of the worker and the holder of the agricultural holding. '

Thirteen. The additional 18th provision is amended, which is worded as follows:

" Additional 18th Disposition. Persons with disabilities.

For the purposes of this law, persons with disabilities shall be considered to be included in Article 4 (1) and (2) of the recast of the General Law on the Rights of Persons with Disabilities and their social inclusion, approved by the Royal Legislative Decree 1/2013 of 29 November. "

Fourteen. The fourth final provision is amended, which is worded as follows:

" Final disposition fourth. Update of quantis.

The amounts provided for in the first subparagraph of Article 31 (1) and in the first subparagraph of Article 32 (1) may be fixed, where appropriate, by the successive General Budget Laws of the State. "

Article 2. Amendment of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June.

The following amendments are made to the recast text of the General Law on Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June.

One. Article 212 (1) (d) is amended, which is worded as follows:

"(d) While the right holder carries out an employment for an employed person of less than 12 months, or while the rightholder carries out an own-account job of less than 60 months in the Of course, self-employed persons who have been discharged from the Special Scheme of Social Security of Workers for the Account of Own or Self-Employed or in the Special Regime of the Social Security of the Workers of the Sea "

Two. Article 212.4 (b) is amended as follows:

"(b) Upon request of the data subject, in the cases referred to in paragraphs (b), (c), (d), (e), (f) and (g) of paragraph 1, provided that the cause of suspension has been completed, which, where appropriate, constitutes the cause of the suspension; legal status of unemployment or registration as a jobseeker in the case of self-employed persons, or who, where appropriate, maintains the requirement of a lack of income or the existence of family responsibilities. In the case of point (d) of paragraph 1, in respect of self-employed persons who are causing high unemployment in the Special Scheme of Social Security of Workers for the Account of Own or Self-Employed or in the Special Regime for Security Social of the Workers of the Sea, the unemployment benefit may be resumed when the self-employment is of less than sixty months.

Self-employed persons who apply for the resumption of unemployment benefit or allowance after 24 months from the start of the suspension must prove that the cessation of the activity on behalf of the has its origin in the concurrency of economic, technical, productive or organizational reasons, force majeure determining the cessation, loss of administrative license, gender violence, divorce or marriage separation, involuntary cessation in the the position of a counsellor or administrator of a company or the provision of services to it and termination of the contract concluded between the economically dependent self-employed worker and his client, all in accordance with the prescribed terms.

If, after the cessation of self-employment, the worker has the right to protection by cessation of activity, he/she may choose to receive or reopen the right to the suspended unemployment protection. Where the worker opts for the previous benefit, the contributions which he or she has generated for the benefit for which he has not chosen may not be counted for the recognition of a subsequent right.

The right to resume will be born from the end of the cause of suspension as long as it is requested within the next fifteen days, and the application will require registration as a jobseeker if the same is not has previously been carried out. In addition, the date of the application shall be deemed to have reactivated the undertaking of activity referred to in Article 231 of this Law, except in cases where the managing body requires the subscription of a new undertaking.

If the application is submitted after the deadline, the effects referred to in Article 209 (2) and in paragraph 1 (b) of Article 219 shall be produced.

In the event that the period corresponding to the paid annual leave has not been enjoyed, the provisions of Article 209 (3) of this Law shall apply. "

Three. Article 213 (1) (d) shall be worded as follows:

"(d) Realization of an employment for an employed person of a duration of 12 months or more, without prejudice to Article 210 (3), or to carry out an own-account work, for equal time or more than 60 months in the case of self-employed persons who are causing high unemployment in the Special Scheme of Social Security of Workers for the Account of Own or Self-Employed or in the Special Scheme of Social Security of Workers of the Sea "

Four. Paragraph 2 of the 30th additional provision is worded as follows:

" 2. Employers, excluding Public Administration and public sector entities, bodies and enterprises, engaged in activities in the sectors of Agriculture, Fisheries and Aquaculture; Industry, except Energy and Water; Trade; Tourism; Hotels and other services, except Air Transport, Construction of Buildings, Financial and Insurance Activities and Real Estate Activities, in the cities of Ceuta and Melilla, in respect of workers who provide services in their workplaces located in the territory of those cities, shall be entitled to a 50% bonus in their contributions to Social Security contributions for common contingencies, as well as the concepts of joint unemployment collection, vocational training and salary guarantee fund. "

Article 3. Amendment of Law 5/2011, of March 29, of Social Economy.

One. A paragraph 4 is added to Article 5, with the following wording:

" 4. Entities providing services of general economic interest, Special Centers for Employment and Inserting Enterprises, which are constituted and qualified as such in accordance with their regulatory regulations, are declared. This declaration may also be extended to any other entities in the social economy which also have as their object the employment of groups at risk of exclusion, in accordance with what is to be regulated. "

Two. Article 9 is worded as follows:

" Article 9. Incentives for the incorporation of workers into social economy entities.

1. The following bonuses applicable to social economy entities are incorporated:

a) Bonifications in the business quotas of Social Security for three years, the amount of which will be 137.5 euros/month (1,650 euros/year) during the first year, and of 66.67 euros/month (800 euros/year) during the two years remaining, applicable to cooperatives and working societies incorporating unemployed workers as working or working partners, and who are under 30 years of age, or under 35 years of age who have recognised a degree of disability equal to or more than 33 percent. If the incorporation is made with over 30 years, the bonus will be 66.67 euros/month (800 euros/year) for the three years. In the case of cooperatives, the bonuses shall be applied where they have opted for a Social Security Scheme of their own employed persons, in the words of the fourth additional provision of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June.

(b) Bonifications in the social security contributions applicable to undertakings for the insertion in the case of contracts of employment concluded with persons in situations of social exclusion included in Article 2 of the Treaty Law 44/2007, of 13 December, for the regulation of the system of the insertion companies, of 70.83 euros/month (850 euros/year) for the entire duration of the contract, or for three years in case of indefinite hiring, or of 137,50 euros/month (EUR 1,650/year) for the duration of the contract or for three years, in the case of indefinite contracts, in the case of children under 30 years of age, or under 35 years of age with a disability degree equal to or greater than 33%. These allowances shall not be compatible with those provided for in Article 16.3 (a) of Law 44/2007 of 13 December.

2. In relation to paragraph 1.a), the provisions of Section I of Chapter I of Law 43/2006 of 29 December 2006 for the improvement of growth and employment shall apply, except as set out in Article 6.2 thereof.

As provided for in paragraph 1 (b), the provisions of Section I of Title I of Law 43/2006 of 29 December 2006 on the improvement of growth and employment as regards the requirements to be met shall apply. beneficiaries, the exclusions in the application of the bonuses, maximum amount, incompatibilities or reimbursement of benefits. "

Three. A new Article 10 is inserted, which is worded as follows:

" Article 10. Capitalisation of unemployment benefit to benefit recipients when they are intended to be incorporated as working or working partners in cooperatives or in labour companies.

1. Pursuant to Article 228 (3) of the recast text of the General Law on Social Security, adopted by the Royal Decree of Law 1/1994 of 20 June, the provisions of Royal Decree No 1044/1985 of 19 December 1985 will be maintained. June, for which the payment of the unemployment benefit is established in its single payment method, including modifications incorporated by subsequent rules, in which they do not object to the following rules:

1. The managing body could pay the current value of the amount of the contributory level unemployment benefit to the beneficiaries of benefits when they intend to enter, in a stable way, as working partners or working in cooperatives or in industrial companies, even if they have maintained a prior contractual relationship with such companies, regardless of their duration or constituting them.

In these cases, the payment of the benefit will be made only once for the amount corresponding to the contributions to the capital, including the income share, in the case of cooperatives, or for the acquisition of shares or shares of the share capital in a labour company where necessary to access the status of a partner.

Those who capitalise on unemployment benefit may also allocate the same to the costs of setting up and operating an institution, as well as the payment of the fees and the price of specific services. advice, training and information related to the activity to be undertaken.

The amount of the benefit, calculated on full days, from which the amount relating to the legal interest of the money will be deducted, shall be paid as a single payment.

However, if the benefit is not obtained for its total amount, the remaining amount can be obtained in accordance with the following rule

.

2. The managing body may pay monthly the amount of the contributory level unemployment benefit to support the contribution of the worker to the Social Security, and in this case:

(a) The amount of the grant, calculated on full days of benefit, shall be fixed and shall correspond to the amount of the employee's full contribution to the Social Security at the time of the start of the activity without consideration future amendments, except where the amount of the subsidy is below the contribution of the worker corresponding to the minimum contribution base in force for each social security scheme; in that case, the latter shall be paid.

(b) The payment shall be made monthly by the managing body to the worker, after checking that it is kept high in the Social Security in the corresponding month.

3. The application for the payment of the contributory level unemployment benefit, as laid down in the rules 1. and 2. in any case shall be from the date before the date of incorporation into the cooperative or society work.

If the worker has challenged the termination of the employment relationship of the unemployment benefit, the application must be later than the corresponding procedure.

The economic effects of the payment of the requested right shall be produced from the day following that of their recognition, except where the date of commencement of the activity is earlier, in which case, the date of commencement of the that activity.

2. The Government may, by means of royal decree, amend the provisions of paragraph 1 above. '

Four. A new Article 11 is inserted, which is worded as follows:

" Article 11. Allowances for social security contributions for the working or working partners of the cooperative societies, during the period of maternity leave, adoption, reception, risk during pregnancy, risk during natural lactation or Paternity suspension.

To the contribution of the working partners or working partners of cooperative societies, replaced during periods of rest by maternity, adoption, acceptance, paternity, risk during pregnancy or risk during Natural lactation, by means of the contracts of interest-rate interinity, concluded with the unemployed referred to in Royal Decree-Law 11/1998, of 4 September, will apply to them:

(a) A 100 percent bonus in the business of Social Security, including occupational accidents and occupational diseases and in the business contributions of the joint collection fees for the case of the members who are members of a social security scheme of employed persons.

(b) A 100 per cent bonus for the fee to be applied on the minimum or fixed basis corresponding to the type of contribution established as compulsory for workers included in a social security scheme self-employed workers.

This bonus will only apply for the duration of the suspension of activity for those causes and the replacement interinity contract and, in any case, with the maximum limit of the suspension period. "

Five. A new Article 12 is inserted, which is worded as follows:

" Article 12. Single payment of the benefit by cessation of activity.

1. Those who are the holders of the right to benefit by cessation of activity, and are not entitled to receive a period of at least six months, may receive the current value of the amount of the benefit at one time when they are accredited to the body. a manager who is going to engage in a professional activity as a working partner of an associated worker cooperative or a company that has the status of work.

2. The beneficiary who wishes to receive his/her benefit at one time may request it from the managing body, accompanying the application for explanatory memoria on the investment project to be carried out and the activity to be carried out, as well as how much documentation accredit the feasibility of the project.

Applicants must be certified to have applied for their income in the company and conditions in which it will occur. In the case of cooperatives or newly created labour companies, they must also accompany the draft statutes of the company. In such cases the payment of the benefit in its single payment method will be conditional upon the submission of the admission agreement as a partner or the effective registration of the company in the corresponding register.

3. The managing body, taking into account the feasibility of the project to be carried out, shall recognise the right within 30 days from the application for the single payment. Against the decision of the managing body, it may be claimed in the terms of Article 19 of Law 32/2010 of 5 August establishing a specific system of protection for the cessation of activity.

The application for the payment of the benefit by cessation of activity, in any case must be from the date before the date of incorporation to the cooperative or labor society, or to the date of incorporation of the cooperative or labor society.

4. Once the benefit is received at its present value, the beneficiary must start, within a maximum of one month, the activity for which he has been granted and discharge in respect of the social security scheme, or accredit, if applicable, that it is in the initiation phase.

5. The payment of the benefit shall be paid only once for the amount corresponding to the contributions to the capital, including the entry fee, in the case of cooperatives, or for the acquisition of shares or shares in the share capital in an employment partnership where necessary to access the status of a worker partner, including tax burdens for the start of the activity.

Those who receive the sole payment of the benefit by cessation of activity may allocate the same to the expenses of the establishment and operation of an entity, as well as the payment of the fees and taxes. They may also allocate up to 15% of the amount of the capitalized benefit to the payment of specific services for advice, training and information related to the activity to be undertaken.

The amount of the benefit, calculated on full days, from which the amount relating to the legal interest of the money will be deducted, shall be paid as a single payment.

6. The managing body may, at the request of the beneficiaries of this measure, allocate all or part of the single payment of the benefit by cessation of activity to cover the costs of social security contributions. In this case, the following rules must be adhered to:

First. If the benefit is not received for its total amount, the remaining amount may be obtained in accordance with the following second rule.

In addition, the benefit beneficiary may choose to obtain all of the outstanding benefit to be received in accordance with the following second rule.

Second. The managing body may pay monthly the amount of the benefit by cessation of activity to compensate for the contribution of the worker to the Social Security, and in this case:

(a) The amount to be paid, calculated on full days of benefit, shall be fixed and shall correspond to the amount of the employee's full contribution to the Social Security at the time of the start of the activity without considering future modifications.

(b) The payment shall be made monthly by the managing body or body to the worker, after checking that it is kept high in the Social Security in the month concerned.

7. The perception of the benefit in a single payment shall be compatible with other aid which may be obtained for the establishment or integration into cooperatives or labour companies.

8. The non-affectation of the amount received for the performance of the activity for which it has been granted shall be considered as undue payment for the purposes set out in Article 31 of Royal Decree 1541/2011 of 31 October 2011, for which the Law 32/2010 of 5 August 2010 establishing a specific system of protection for the cessation of the activity of self-employed workers. For these purposes, unless proof to the contrary, it is understood that there has not been an effect when the worker, within one month, has not accredited the extremes referred to in paragraph 4 of this Article. "

Six. Article 9 is renumbered as Article 13.

Seven. The first final provision is amended, which is worded as follows:

" Final Disposition first. Competence title.

This law constitutes basic legislation dictated by Article 149.1.13. of the Constitution that attributes to the State the "bases and coordination of the general planning of economic activity". However, they will not have a basic character:

(a) The contents of this law that refer to the organization and functioning of organs of the State or of organs assigned to the State Administration: Article 8.3 and Article 13.

(b) The first additional provision that is provided for in Article 149.1.31. of the Constitution which attributes to the State the competence in matters of "Statistics for State Purposes".

(c) Articles 9, 10, 11 and 12, which are given in accordance with the provisions of Article 149.1.17. of the Constitution, which confers exclusive competence on the State in respect of basic legislation and the economic system of security Social, without prejudice to the execution of its services by the Autonomous Communities. '

Article 4. Amendment of the fifth additional provision of the recast text of the Public Sector Contracts Act, approved by the Royal Legislative Decree 3/2011 of 14 November.

The fifth additional provision that is worded as follows is amended:

" Additional disposal fifth. Contracts reserved.

1. Minimum rates of reserve of the right to participate in the procedures for the award of contracts shall be set by agreement of the Council of Ministers or by the competent body in the field of the Autonomous Communities and Local Entities. certain contracts or certain lots thereof to Special Centres for Employment and to the insertion undertakings governed by Law 44/2007 of 13 December 2007 for the regulation of the system of undertakings for the insertion of such undertakings, which comply with the requirements set out in that legislation to have this consideration, or a minimum reserve percentage the implementation of these contracts in the framework of protected employment programmes, provided that at least 30% of the employees of the Special Employment Centres, the insertion firms or the programmes are employed by the disability or at risk of social exclusion.

In the aforementioned Agreement of the Council of Ministers or through the competent body in the field of the Autonomous Communities and the Local Entities, the minimum conditions will be established to guarantee the fulfillment of the set in the preceding paragraph.

2. Reference to this provision shall be made in the invitation to tender. '

Article 5. Amendment of Law 12/2001 of 9 July on urgent measures to reform the labour market in order to increase employment and improve its quality.

The second additional provision is amended, which is worded as follows:

" Additional Disposition Second. Social security contributions allowances for workers in the period of maternity leave, adoption, reception, risk during pregnancy, risk during natural breastfeeding or paternity suspension.

To the contribution of employees who are replaced during periods of rest by maternity, adoption, reception, paternity, risk during pregnancy or risk during natural lactation, by means of the In the case of the United States, the United States and the United States, the United States, the United States, the United States, the United States, the United States, the United States, the United States, the United States, the United States, the United States, the United States, the United States and the United States In the case of accidents at work and occupational diseases and in the the joint collection fees.

This bonus will only apply for the duration of the suspension of activity for those causes and the replacement interinity contract and, in any case, with the maximum limit of the suspension period. "

Article 6. Amendment of Law 43/2006 of 29 December for the improvement of growth and employment.

A new third paragraph is added to Article 2 (5), with the following wording:

"In cases where the contract worker has completed a work contract with a social insertion company during the previous 12 months, he has not subsequently provided his services on behalf of the company. The allowance shall be EUR 137,50 per month for another employer after the termination of the insertion undertaking and is contracted by an employer who does not have the status of an insertion undertaking or a special employment centre. maximum of 12 months. At the end of this 12-month period, the allowances provided for in the first and second subparagraphs of this paragraph shall apply up to the maximum expected duration. "

Single additional disposition. Absence of public expenditure.

The measures included in this rule will not be able to increase appropriations or staff costs.

First transient disposition. Application of existing autonomous work promotion measures to the date of entry into force of this law.

1. To the self-employed persons who prior to the entry into force of this law came enjoying the reductions and bonuses provided for in the additional provisions of the 30th and 30th bis of the recast of the Law General of Social Security, it will continue to apply to them as established in those provisions, although these beneficiaries will not lose the right to their enjoyment as a consequence of employing employed persons.

2. To the self-employed persons with disabilities who, prior to the entry into force of this law, have been enjoying the reductions and bonuses provided for in the additional provision of Law 45/2002 of 12 December 2002, urgent measures for the reform of the system of protection for unemployment and the improvement of occupational safety, will continue to apply to that provision, although these beneficiaries will not lose the right to their enjoyment as the consequence of employing employed persons.

3. To the family members who, at the date of entry into force of this law, have been enjoying the bonus provided for in the 11th additional provision of Law 3/2012, of July 6, of urgent measures for the reform of the labour market, Article 35 of Law 20/2007 of 11 July of the Statute of the Autonomous Labour shall apply to them.

Second transient disposition. Application of the amendments provided for in paragraphs 1, 2 and 3 of the second paragraph of this Law.

The periods of time provided for the suspension of the unemployment benefit in Article 212.1 (d) and 4 (b) and for the termination of that benefit in Article 213.1 (d) of the recast text of the General Law on Security Social, they will also apply to those beneficiaries who, at the date of entry into force of this rule, have suspended their unemployment benefit or allowance for the performance of a self-employed job.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, the following shall be opposed to this law and, expressly, the following:

1. Of Law 20/2007 of 11 July of the Statute of the Self-employment:

Additional provisions fourteenth, fifteenth, and sixteenth.

The first, second, and third transitional provisions.

The fifth final disposition.

2. From the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of 20 June: the additional 30th and 30th bis.

3. From Law 45/2002 of 12 December, urgent measures for the reform of the system of protection for unemployment and improvement of the occupation: the additional provision eleventh and the transitional provision fourth.

4. From the Law 3/2012 of 6 July, of urgent measures for the reform of the labour market: the additional provision eleventh.

5. By Law 18/2007 of 4 July, which is the result of the integration of the self-employed persons of the Special Agricultural System of Social Security into the Special Scheme of Social Security of Workers for Account Stand-alone: the additional provision first.

6. From Law 11/2013 of 26 July, measures to support the entrepreneur and to stimulate growth and job creation: Articles 3 and 14.

7. Law 32/2010 of 5 August establishing a specific system of protection for the cessation of the activity of self-employed workers: the additional provision of the fourteenth provision.

8. From Royal Decree 1541/2011 of 31 October 2010, implementing Law 32/2010 establishing a specific system of protection for the cessation of the activity of self-employed workers: the fourth additional provision.

Final disposition first. Competence title.

The first article of this law is given under the jurisdiction of the State in accordance with the provisions of Article 149.1.6., 7. and 8. of the Constitution which attribute exclusive competence to the State (a) the matter of commercial law; labour law, without prejudice to its execution by the bodies of the Autonomous Communities, and civil legislation, except paragraphs 8, 9 and 13, which are issued under the provisions of Article 149.1.17. attributes to the State exclusive competence in respect of the basic legislation and economic regime of the Social security, without prejudice to the implementation of its services by the Autonomous Communities.

The second article is dictated by the provisions of article 149.1.17. of the Constitution, which attributes exclusive competence to the State in respect of basic legislation and the economic regime of Social Security, without prejudice to the implementation of its services by the Autonomous Communities.

The third article, in respect of its paragraph one, is dictated by the provisions of Article 149.1.13. of the Constitution, which attributes to the State the exclusive competence of the State in relation to the bases and coordination of the general planning of economic activity. Paragraphs 2, 3, 4 and 5 are given in accordance with the provisions of Article 149.1.17 of the Constitution, which gives the State exclusive competence in respect of the basic legislation and the economic system of social security, without prejudice to the implementation of its services by the Autonomous Communities.

The fourth article is dictated by the provisions of Article 149.1.18, which gives the State exclusive competence in the field of basic legislation on administrative contracts and concessions.

The fifth and sixth articles are given in accordance with the provisions of Article 149.1.17 of the Constitution which confers exclusive competence on the State in respect of the basic legislation and the economic system of social security, without prejudice to the implementation of its services by the Autonomous Communities.

Final disposition second. Entry into force.

This law shall enter into force within thirty days of its publication in the "Official Gazette of the State."

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 9 September 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY