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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-9735

FELIPE VI King of Spain to all that the present join together and act.

Know: that the Cortes General have approved and I come in sanction the following law.

PREAMBLE I urge of self-employment, both individual and collective, has been one of the axes of policies that have been conducted on employment in recent years.

Policies that have given rise to the implementation underway of different actions aimed at a collective which, dated December 31, 2014, was composed of more than three million self-employed persons (3.125.806) and which is 18.5 per cent of the total number of workers given in the Social Security. Of these, 1.945.548 are autonomous individuals, of whom nearly 20.4 per cent (398.477) have hired workers (775.590).

Self-employment presents, therefore, an important weight specific in the market of work that, while, during the years of crisis experienced a significant decline - between January 2008 and December 2012 the number of autonomous affiliated to Social Security was reduced in 387.448 people, it has shown significant recovery capacity. Only in 2014 the number of autonomous grew in 75.465 people and between December of 2011 and December of 2014 the number of workers by has own has registered an increase of 54.137 members.

In addition, those workers by has own agglutinate a huge potential with regard to generation of employment. He demonstrated by the fact that, in the past three years, the number of employees hired by self-employed has increased in a total of 95.145 people, representing a growth of 14 percent.

By all these reasons, to which is sum the made of that in Spain the woven productive is composed mainly by workers by has own and by small and medium-sized companies, is has had in has to them autonomous and to them entrepreneurs in them main projects of the Ministry of employment and security Social and of others departments Ministerial.

Between them, is located the law 3 / 2012, of 6 of July, of measures urgent for the reform of the market labor, that introduced the contract of support to them entrepreneurs; the strategy of entrepreneurship and employment young 2013-2016, that gave place to the put underway of the rate flat of 50 euros in the quote to it security Social to new autonomous; Law 14/2013, September 27, to support the entrepreneurs and their internationalisation; or the Royal Decree-Law 1/2015, on 27 February, mechanism of second chance, reduction of financial burden and other measures of social order.

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

Self-employed workers and entrepreneurs have occupied so prominently in employment policies in recent years. Policies whose objectives is also collective entrepreneurship promotion and support and urge the Social economy whose bodies, throughout the economic crisis, have shown significant capacity in terms of creation and maintenance of employment becoming even as an alternative to other companies that looked at ways to prevent its disappearance in some of their formulas.

In our country cooperatives and labour societies give direct employment to nearly 335,000 people and special employment centres and inclusion companies employ more than 75,000 workers. All these workers must be added, in addition, the rest of the formulas of the Social economy as, for example, foundations, associations, mutuals or fishermen's associations.

This is in addition to a stable job, 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 nearly six points less in terms of affiliation to Social security than the rest of the undertakings or the data that indicate a steady number of workers of enterprises of insertion increase during the years of difficulty.

Also, entities of the Social economy are having a good behavior in terms of employment since the beginning of the recovery. So it indicate the data as which are running that, in 2014, and after 11 quarters consecutive of fall, the cooperatives have created employment in terms interannual.

The Social economy is also the source of creation of stable employment, quality and non-transferable and is an important platform for access to employment for those who, because of their special circumstances, find greater difficulties in labour insertion and/or who are at risk of social exclusion. Constitute, therefore, a key element of social cohesion, much-needed after the long crisis that has passed through our country.

This is why that, in recent years, support for the various formulas which includes the Social economy has been clear and measures such as the capitalization of the provision by unemployment and the flat rate for self-employed, whose objective is to facilitate entrepreneurship, have been incorporated others aimed to favor the growth of institutions of Social economy which include the implementation of new incentives for the incorporation of Worker-members or the implementation of incentives so that cooperatives and labour societies to hire indefinitely.

Also, operational programme of Social Inclusion and the National Social economy has been designed within the framework of the programming of the European Social Fund for 2014-2020 period. A program that is new to our country with the support of the Social economy is concerned and will be endowed with nearly 1,200 million euros in total cost.

II all the mentioned actions have resulted in the setting of a new scenario which increases, if possible, already detected need updating and systematization of existing regulations in the field of self-employment and in the field of the Social economy already that the passage of time since the adoption of law 20/2007, of July 11 of the Statute of the autonomous work and the law 5/2011, from 29 March, Social economy, and the application in practice of its provisions has proved the existence of aspects whose regulation is ineffective or susceptible of improvement or development.

Law 20/2007, of July 11, in its article 27, provides that the public authorities shall take self-employment policies aimed at the establishment and development of economic and professional on their own initiatives, which is reinforced by the final provisions 2nd and 3rd of the same body of law, which empower the Government to issue the necessary measures so as to achieve convergence in contributions and rights of self-employed workers with regard to the established for self-employed workers covered by the General regime of the Social Security, as well as many provisions necessary for the application and development of that law.

In addition, and in the field of the Social economy, notably the mandate making the own Spanish Constitution which provides that "public authorities will effectively promote various forms of participation in the company and promote, through appropriate legislation, cooperative societies" in paragraph 2 of article 129, or provisions of law 5/2011, March 29 , which, in its fourth additional provision, collects the need that the Government integrate the companies of the Social economy in strategies for the improvement of productivity and its second final provision which empowers the Government to enact the provisions of application and development of such a standard.

On the other hand, article 121 of the Royal Decree-Law 8/2014, 4 July, adoption of urgent measures for growth, competitiveness and efficiency, enables the Government to carry out a regulatory reorganisation of the incentives for self-employment in the field of employment and Social Security, in the title V of law 20/2007, of July 11 the status of self-employment and in law 5/2011, from 29 March, Social economy, as appropriate. To this end will be included in a single provision all incentives and rebates and reductions in Social security contributions in force at the date of entry into force of this Royal Decree and shall be, where appropriate, the harmonization of requirements and obligations legally or statutorily provided. Subsequently, article 121 of the law 18/2014, on 15 October, adoption of urgent measures for growth, competitiveness and efficiency, ratifies this empowerment.

All of the above highlights the need to systematize the existing framework of incentives for self-employment and the Social economy, bringing together in a single text measures and incentives established in favour of these groups, improving, harmonizing and expanding existing ones, and implementing new ones.


For this, and in the field specific of the work autonomous, is introduced new incentives and bonuses in the quote to the regime special of it security Social of them workers by has own or autonomous and is improve some of them already existing, to while is unifies in a single text them incentives to the self-employment for provide of transparency and greater security legal to the framework regulatory existing. Also in the field of the economically dependent self-employed workers, establishes the possibility that, in certain circumstances that affect their professional activity and, occasionally, prevents them from fully developing, to hire a worker employed in conditions assessed in this standard.

On the other hand, and in the field of the economy Social, to continue with these political of promotion and support, in the present text is include news as the recognition of them companies of insertion and of them centers special of employment as entities providers of services of interest economic General. This recognition implies that subsidies granted to these entities are now subject to the 360/2012 Commission Regulation, of April 25, 2012, and to reach the €500,000 over a period of three years, when the maximum was of €200,000 in the same time period to date.

It is, moreover, a statement supported by the European Commission, which considers the social and labour inclusion as a service of General economic interest, and these entities are which precisely focus their activity on the most disadvantaged groups in and around the concept of sheltered employment.

In addition, extends the possibility of booking in procedures for the award of public contracts enterprises of insertion. A possibility of reserve that already existed for special centers of employment, respect of people with disabilities, and now expanding that also insertion companies, this time in relation to the groups concerned in its regulations, can benefit from the same, therefore expanding the regulatory framework current in relation to the protection of groups at risk of exclusion work.

And also new performances are incorporated as the creation of a new incentive to facilitate the transit of workers from employment protected the ordinary company as well as other measures to encourage the promotion and maintenance of self-employment in its collective dimension, as the expansion of the possibilities of capitalisation of unemployment benefits for participation in cooperative societies or the AIDS to the hiring for the substitution of members of such societies.

In short, the measures contained in this law contribute to strengthen the roadmap launched in recent years in the field of self-employment, which is articulated around three axes: promote self-employment, individual or collective; support to those who have already taken so they can consolidate and grow their projects; and advance in it improves of the protection social of them autonomous with the objective of save the gap that exists between them workers by has own and those workers salaried.

III the present law is the crystallization of the objectives previously mentioned. For its elaboration is has consulted to them associations intersectoral representative of the work autonomous and of the economy social, as well as to the organizations Union and business.

The law consists of six articles and a sole additional provision, two transitional provisions, a repealing provision two final provisions.

The first article develops modifications included in law 20/2007, of July 11, of the Statute of the autonomous work, and includes the new features that are introduced in the law, by fourteen points. Throughout this article is to update the regulation of self-employment, adapting it to legislative developments that affect the workers on their own, at the same time that modify those aspects that are considered to be susceptible of improvement. In this area it is necessary to highlight the authorization to economically dependent self-employed workers for the recruitment of workers employed in those cases where the interruption of the activity for reasons related to the reconciliation of his professional activity with family life could lead the contract with his client.

In this way, it comes to address the lack of protection existing on aspects relating to the reconciliation of professional life and personal by this group of professionals, every time that he was allowing terminate the contract signed between the self-employed worker and his client, by will, in case of maternity and paternity of the self-employed always and when entail injury to the customer. 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 injury in the normal development of the activity of the client as the cessation of the activity of the worker both on their own, for reasons of reconciliation. 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 self-employed worker hired, to take appropriate measures to avoid an unwanted concatenation of temporary contracts affecting the stability of employment, since this new possibility offered to the economically dependent self-employed worker is , and not to be forgotten, specific for exceptional situations.

Moreover, this measure will contribute to highlight the capacity auto-organizativa of the worker autonomous economically dependent, giving a step more in its differentiation concerning the worker by has others, eliminating thus them possible spaces of difficult delimitation between both categories.

Next to it previous, and responding to the need of unify in a text normative the set of measures of promotion of the work autonomous, them paragraphs seven and eight of the article first come to the adaptation of the law 20 / 2007, of 11 of July, ordering, updating and improving the set of measures planned for enhance the self-employment through the work by has own. In addition, following in this line, ensuring that the measures which may be established subsequent to the entry into force of this law and are linked to the promotion of self-employment are integrated in it, in order to avoid an unwanted regulatory dispersion.

This range of measures has, among its main objectives, the unifying, clarify and improve the promotion of the work on their own. Thus, the greater clarity regarding the share is remarkable to enter by the self-employed worker in those cases in which, during the beginning of its activity, avails to the so-called «Tarifa flat for freelancers», set not as a percentage, but as a fixed and stable, amount that allows the professional to know at all times, and with safety and certainty claims it to satisfy, without relying on any modifications on the basis and types of quote for the enjoyment of this measure. The possibility of update of this figure is also foresees through the successive laws of General State budgets, in order to be able to adapt to the circumstances of each moment.

In addition, is a modification of the measures of promotion of self-employment through the provision by unemployment, in order to not only facilitate the worker self-employed the beginning of the activity, but also ensure that, in case of non-viability of your professional company, you will have protection by unemployment that ceased to perceive the cause affiliated to the corresponding Social security scheme. Thus, first expands the collective beneficiaries of workers self-employed delivery unemployment that can capitalize on 100 percent of your benefit for the investment required for the exercise of the activity, to remove the existing age barrier to date. Secondly, is eliminated, the barrier of existing age at the date of entry into force of this Act which prevents the compatibilization of the provision by unemployment with work on own account during a specified period, and is aimed at helping the professional at the beginning of its activity, period in which incomes tend to be lower. In both cases, moreover, the necessary precautions to prevent fraudulent use of the measures are adopted. And, finally, extends the period of suspension of the benefit unemployment in those cases in which perform an activity on their own, in order to avoid the proximity of the date in which the provision would die out unemployment by overcoming suspension periods provided for legally condition him in maintaining his activity in cases where doubts may exist about its viability.


The second article modifies the consolidated text of the General Law on Social Security, approved by Royal Legislative Decree 1/1994, of 20 June, with the same philosophy that presides over this standard, that is, the promotion of self-employment, to adopt measures that would allow the suspension of the provision by unemployment during a longer period than the existing to date in those cases in which a work to develop on their own.

The third article is the modification of the law 5/2011, from 29 March, Social economy, to include incentives for the recruitment of persons who, by their situation, have a lower rate of access to the labour market. In addition, unified in this standard the different measures of capitalisation of unemployment and bonus in interim contracts anticipated for subjects of the Social economy.

The fourth article modifies the fifth additional provision of the text revised of the Public Sector Contracts Act, approved by Royal Legislative Decree 3/2011, of 14 November, to allow the reserve of participation in procedures for the award of contracts to companies of insertion.

The fifth article modifies the second additional provision of Act 12/2001, of 9 July, on urgent measures to reform the labour market to increase employment and improve its quality, relative to the bonuses of shares of Social Security for workers in a rest period for maternity, adoption, fostering, risk during pregnancy risk during breastfeeding or suspension by fatherhood, giving you new wording.

The sixth article modifies the law 43/2006, of 29 December, for the improvement of growth and employment, incorporating a new third paragraph to paragraph 5 of article 2, settling a new incentive for the recruitment of so-called in situation of social exclusion by companies that do not have the status of companies of insertion and special employment centres When these workers have lent their services for a company of insertion.

The sole additional provision expected to measures developed in this standard not supposed an increase of personnel expenses to carry them out.

It available transient first provides the transience of them measures of promotion of the self-employment that is come enjoying with previously to the entry in force of this law and that are object of modification, besides allow to their beneficiaries the enjoy of them improvements planned in them modifications concerning the regulation previous.

It available transient second provides it application of them new deadlines planned for it suspension of it provision by unemployment to those beneficiaries that, to the entry in force of the present law, had suspended such provision by the realization of a work by has own.

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

The disposal end first provides the title competence by virtue of which is dictates the present law.

The disposal end second sets the entry in force of the law.

The first article. Modification of law 20/2007, of July 11, of the Statute of the autonomous work.

Law 20/2007, of July 11, of the Statute of the autonomous work, is hereby amended as follows: one. The letter b is modified) article 4.3, which is drawn up in the following way: 'b) to not be discriminated against on grounds of disability, in accordance with the provisions of the consolidated text of the General Law of rights of persons with disabilities and their social inclusion, adopted by Royal Legislative Decree 1/2013, 29 November.'

Two. Amending article 10.4, which is drawn up in the following way: «4. self-employed worker shall be liable for its obligations with all its assets present and future, without prejudice to the imprescriptible of assets established in articles 605, 606 and 607 of the law 1/2000, of 7 January, Civil procedure, or of limitations and exemptions of liability laid down legally that may be applicable. "

3. The letter is changed to) of article 11.2, which is worded in the following way: «a) self-employed have No dependents or hire or outsource part or all of the activities with third parties, both with respect to the activity with the customer which depends on economically as activities that would engage with other customers.

The provisions of the preceding paragraph, with regard to the prohibition of dependants workers employed, shall not apply in the following cases and situations, in which the hiring of a single worker will be allowed: 1. assumptions for risk during pregnancy and during breastfeeding a child for nine months.

2. periods of rest for maternity, paternity, adoption or foster care, pre-adoptive or permanent.

3. for the care of children under seven years old who have dependants.

4. by have a family member in charge, by consanguinity or affinity up to the second degree inclusive, dependent, duly accredited.

5. by have a family member in charge, by consanguinity or affinity up to the second degree inclusive, with a disability equal or higher than the 33 per cent, duly accredited.

In these alleged, the worker autonomous economically dependent will have the character of entrepreneur, in the terms provided by the article 1.2 of the text consolidated of it law of the Statute of them workers.

In matters not provided for expressly, the hiring of the self-employed is governed by as provided for by article 15(1). c) of the consolidated text of the workers ' Statute Act and its implementing rules. For the cases referred to in the numbers 3, 4 and 5 above, the contract will be held for a day equivalent to the reduction of the activity carried out by the self-employed worker without that it does not exceed 75 per cent of the day of a comparable full-time worker, on an annual basis. These purposes means per worker on time complete comparable provisions of article 12 of the revised text of the law of the Statute of workers. In these cases, the duration of the contract will be linked to the maintenance of the status of care of child of seven years or person in a situation of dependency and disability carried out by the self-employed worker, with a maximum length, in any case, for twelve months.

You are only permitted the hiring of a single self-employed even if there are two or more expected assumptions. After the cause that gave rise to such recruitment, self-employed worker may conclude a new contract with a worker employed by any of the causes provided for above, provided that, in any case, between the end of a contract and the new contract expiration date of a minimum period of twelve months, except that the new contract had as a cause of the expected in numbers 1 and 2.

However, in cases of suspension of the contract of employment for temporary disability, maternity, paternity, adoption or fostering, risk during pregnancy or breastfeeding, or protection of female victims of gender-based violence, as well as in the event of termination of the contract from causes, the self-employed may hire a worker to replace the originally contracted, without , at any time, both self-employed is able to provide its services simultaneously and that, in any case, the maximum period of duration of the contract envisaged in this paragraph is exceeded.

In the cases referred to in the numbers 3, 4 and 5 are only permitted the hiring of a worker employed or self-employed person by each less than seven years family account in a situation of dependency and disability equal to or greater than 33%.

Hiring self-employed regulated by this paragraph shall be compatible with the bonus for reconciliation of professional and family life linked to the procurement, provided for in article 30 of this law.'

Four. Amending article 16, which is drawn up as follows: «(1. Se considerarán causas debidamente justificadas de interrupción de la actividad por parte deel trabajador económicamente dependiente las fundadas en: a) mutual agreement of the parties. "

(b) the need to address family responsibilities which have arisen, urgent and unpredictable.

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

(d) temporary disability, maternity, paternity, adoption or foster care.

(e) risk during pregnancy and risk during breastfeeding a child for 9 months.

(f) the situation of violence against women, to make the autonomous worker economically dependent effective protection or his right to comprehensive social assistance.

(g) force more.

2. through contract or agreement of interest professional can set are other causes of interruption justified of the activity professional.


(3 causes of interruption of activity provided for in the preceding paragraphs may not substantiate the contractual will of the client referred to in f extinction) of paragraph 1 of the preceding article, all without prejudice to other effects that parties may agree to such cases. If the customer gave to extinct contract, such circumstances would be considered as a lack of justification for the purposes of the provisions of paragraph 3 of the preceding article.

Still, when, in the cases referred to in d), e) and g) (1) interruption may cause injury which paralyse or disturb the normal development of its activity, the customer may be considered justified the termination of the contract, for the purposes of the letter f) of paragraph 1 of the preceding article.

«((Los supuestos de maternidad, paternidad, adopción o acogimiento, y riesgo durante el embarazo y la lactancia natural de un menor de 9 meses, contemplados en las letras d) and e) of paragraph 1 of the present article, shall pursuant to the preceding paragraph, when the self-employed worker economically dependent keep the activity pursuant to the letter a) of paragraph 2 of article 11.»

5. Amending paragraph 3 of article 20, which is worded as follows: «3. irrespective of the provisions of article 10 of the organic law 1/2002, March 22, regulating the right of Association, the associations of self-employed workers must register and deposit their statutes in the special register of the public office established to this effect on the Ministry of employment and Social Security» , or of the corresponding Autonomous Community, in which Association develops mainly its activity. Such registration shall be specific and differentiated the of any other organizations, corporate, Union or other nature that may be subject to registration by the public office.'

6. Amending paragraphs 3, 4 and 5 of article 22, which are written in the following way: ' 3. the Council of the autonomous work will be composed by representatives of the associations of self-employed workers representative whose scope is cross-sector and State, the most representative trade unions and business organizations and representatives from the General Administration of the State, the autonomous communities and local entities Association most representative at the State level. "

4. the Presidency of the Council will be up to the Ministry of employment and Social Security, as provided by law.

«5. them credits necessary for its operation is footnoted in the budgets of the Ministry of employment and security Social.»

7. It introduces a new chapter I in the title V.

It introduces a new chapter I of title V, under the heading "General provisions to the development and promotion of self-employment", which is made up of articles 27, 28 and 29.

8. It introduces a new chapter II in the title V.

Gets a new chapter II of title V, under the heading 'Incentives and measures of development and promotion of the self-employed work', in which article 30 is integrated and included new articles 31 to 39 with the following wording: «article 31. Reductions and bonuses to the Security Social apply to those workers by has own.

1. the fee for common contingencies, including temporary incapacity, workers by self-employed that cause high initial or which had not been in a situation of high in the 5 years immediately preceding, counting from the date of discharge, in the special scheme of the Social security of self-employed or autonomous you will reduce the amount of 50 euros per month during the 6 months immediately following the date of discharge, in the event that they choose to quote for the minimum base that corresponds to them.

Alternatively, those workers by self-employed that fulfill the requirements laid down in the preceding paragraph, hardcopy by a contribution base exceeding the minimum that corresponds to them, may be applied during the first 6 months immediately following the date of discharge, a reduction on the fee for common contingencies, being the fee to reduce the result of applying the minimum contribution base that corresponds the minimum current contribution rate at any time including inability to temporary, equivalent to 80 percent of the fee.

Subsequent to the initial period of 6 months, provided, in the preceding two paragraphs, and regardless of the chosen contribution base workers who enjoy the measure provided for in this article apply the following reductions and bonuses on the fee for common contingencies, being the fee to reduce the result of applying the minimum contribution base that corresponds the minimum current contribution rate at any time (including the inability to temporary, for a maximum period of up to 12 months, up to a maximum period of 18 months after the date of discharge, according to the following scale: to) a reduction equivalent to 50 per cent of the fee during the 6 months following the initial period provided for in the first two paragraphs of this section.

((b) a reduction equivalent to 30 percent of the fee during the 3 months following the period referred to in the letter a).

((c) a bonus equivalent to the 30 per cent of the fee during the 3 months following to the period designated in the letter b).

2. in the event that self-employed workers are under 30 years, or less than 35 years in the case of women, and cause high initial or they had not been in a situation of high in the 5 years immediately preceding, counting from the date of discharge, in the special scheme of the Social security of self-employed or autonomous they may be applied in addition to the reductions and allowances provided for in the preceding paragraph, an additional bonus equivalent to 30 per cent, over the fee for common contingencies, in the 12 months following the end of the bonus period envisaged in paragraph first, being the fee to reduce the result of applying the minimum contribution base that corresponds the minimum current contribution rate at any time including temporary incapacity. In this case the maximum length of the cuts and bonuses will be 30 months.

3. the provisions of the preceding paragraphs shall also apply labour societies members and worker members of associated work cooperatives that are framed in the special regime of the Social security of workers by self-employed, when they meet the requirements of the preceding paragraphs of this article.

4. the provisions of this article will apply even if the beneficiaries of this measure, one time started its activity, employ workers employed.

5 bonuses of fees laid down in this article is financed from the corresponding budget item of the public State employment service and reductions in fees will be supported by the income from the Social security budget, respectively.

Article 32. Rebates and bonuses of contributions to Social Security for persons with disabilities, victims of domestic violence and victims of terrorism laid down as workers on their own.

1. the fee for common contingencies, including the temporary disability, people with a degree of disability equal to or greater than 33 percent, the victims of domestic violence and victims of terrorism, causing initial high or that had not been in a situation of high in the 5 years immediately preceding, counting from the date of discharge in the regime special of the Security Social workers by self-employed, you will reduce the amount of 50 euros per month during the 12 months immediately following the date of discharge, in the event that they choose to quote for the minimum base that corresponds to them.

Alternatively, those workers by self-employed that fulfill the requirements laid down in the preceding paragraph, hardcopy by a contribution base exceeding the minimum that corresponds to them, may be applied for 12 months immediately following the date of discharge, a reduction on the fee for common contingencies, being the fee to reduce 80 per cent of the result of applying the minimum contribution base the minimum contribution rate corresponding to existing at any time, including the temporary disability.

Subsequent to the initial period of 12 months provided, in the two preceding paragraphs, and regardless of the chosen contribution base workers who enjoy the measure provided for in this article may be applied a bonus on the quota for common contingencies, being the fee to reward the 50 per cent of the result of applying the minimum contribution base that corresponds the minimum current contribution rate at any time including the inability to temporary, for a maximum period of up to 48 months, until a maximum period of 5 years from the date of discharge.


2. the provisions of this article will apply even if the beneficiaries of this measure, one time started its activity, employ workers employed.

3. it willing in them paragraphs earlier will be also of application to them partners of societies labour and to them partners workers of cooperatives of work associated that are framed in the regime special of it security Social of them workers by has own or autonomous, when meet them requirements of them paragraphs earlier of this article.

4. subsidies and reductions of fees provided for in this article are financed from the corresponding budget item of the public State employment service and will be supported by the income from the Social security budget, respectively.

Article 33. Compatibilization of unemployment benefits with the engagement in an activity for its own account.

1. in application of the provisions of paragraph 6 of article 228 of the text revised from the General Social Security Act, approved by Royal Legislative Decree 1/1994 of 20 June, and as an exception to the provisions of article 221 of the Act, the holders of the right to the contributory level unemployment benefits have ceased their working activity, causing high as self-employed persons in any of the Social security schemes, can combine perception monthly provision corresponding with self-employment, for a maximum of 270 days or less time pending of perceiving, whenever you ask the managing entity in the period of 15 days from the date of initiation of activity with total and definitive character on their own, without prejudice to the right to the compatibility of the provision takes effect from the date of commencement of such activity. After the period of 15 days the worker not may qualify for this support.

The realization of a work by has alien time full or partial will mean the end of the compatibilization expected in the present article.

Over compatibilization of unemployment with the self-employment benefit shall not apply to the beneficiary of the provision that meets the obligations as a job seeker and those derived from the commitment of activity provided for in article 231 of the General Social Security Act.

2. will be excluded from the measure envisaged in this article persons whose last employment has been self-employed, and those who have made use of this right or obtained the single payment of the provision by unemployment in the 24 months immediately preceding.

Nor shall include those who constitute as self-employed workers and sign a contract for the performance of their professional activity with the employer for which had served their self-employed basis immediately prior to the start of the legal situation of unemployment or a business of the same business group that.

3 for the beneficiaries of the measure referred to in this article, the 60-month period of reference for suspension or termination of the right to the perception of the provision for unemployment laid down in the articles 212.1. d) and 213.1. d) of the consolidated text of the General Social Security Act will begin to compute from the date in which the beneficiary caused high worker self-employed in the corresponding special security regime Social.

4. If after the termination of the work on their own worker entitled to protection by cessation of activity, you can choose to perceive this or reopen the right to suspended unemployment protection. The worker uses the previous provision, contributions that resulted in that provision that had not chosen may not compute for the recognition of a right rear.

5. it willing in them paragraphs earlier will be also of application to those recipient of the provision by unemployment that is incorporated as partners of societies labour of new creation or partners workers of cooperative of work associated of new creation that are framed in the regime special of it security Social that corresponds by reason of their activity by has own When the requirements of the preceding paragraphs of this article.

Article 34. Capitalization of the provision by unemployment.

1. in application of it willing in the paragraph 3 of the article 228 of the text consolidated of it law General of it security Social, approved by the Real Decree legislative 1 / 1994, of 20 of June, is keep it planned in the Real Decree 1044 / 1985, of 19 of June, by which is sets the manure of the provision by unemployment in its mode of payment only (, included them modifications incorporated by standards later, in what not is opposed to them rules following: 1st the entity manager may pay to them beneficiaries of benefits by unemployment of level contributory until the 100 by hundred of the value current of the amount of such provision, in them following alleged: to) when intending to constitute is as workers autonomous. In this case, payment of the provision will take place once for the amount corresponding to the investment needed for the development of self-employed activity, including the amount of the tax charges for the start of the activity.

They will not be included in this event who constitute as self-employed persons economically dependent by signing a contract with a company that had a prior contractual relationship preceding the situation legal unemployment or belonging to the same corporate group that.

(b) when they capitalize on the provision to allocate up to 100 percent of the amount to make a contribution to the share capital of a commercial's new Constitution or entity formed within a maximum period of twelve months prior to the contribution, provided that they are to have effective control of the same, as envisaged by the additional provision twenty seventh of the consolidated text of the General Social Security Act and exercise therein a activity professional, within the special regime of the Social security of employees by self-employed or in the special regime of the Social security of workers in the sea.

Not included in this case those who have maintained a previous employment relationship immediately prior to the legal situation of unemployment with these companies or others belonging to the same corporate group.

In both cases, those who capitalize on the provision by unemployment, may allocate the same costs of Constitution and functioning of an entity, as well as the payment of rates and taxes. Requirements may be, in addition, up to 15 percent of the amount of the benefit that is capitalized to the payment of specific services of advice, training and information related to the activity to undertake.

The amount of the benefit, calculated in days, of which shall deduct the amount relative to the legal interest of the money to be paid as a single payment.

However, if the provision is not obtained by the total amount, the remaining amount may be obtained pursuant to rule following 2nd.

(2nd the managing body may be monthly paid the amount of the provision contributory level unemployment benefits to subsidize the price of worker Social Security and in the following terms: to) the amount of the subsidy, calculated in days of delivery, will be fixed and will correspond to the amount of the full contribution of the worker to Social Security at the time of the beginning of the activity without considering future amendments except when the amount of the grant is below the contribution of the worker that corresponds to the minimum base of existing quote for each Social security scheme; in such a case, the latter shall be paid.

(b) the payment will take place monthly by the managing body workers, subject to verification that stays in the Social Security in the corresponding month.

3rd the request for payment of the unemployment benefit of contributory level, as set out in rules 1st and 2nd, in any case must be prior to the start of the activity as self-employed or as a partner of the business entity, considering that such home matches the date that as such in the application for discharge of the worker in Social Security.

If worker, or the legal representatives of the workers in the event of redundancy, had challenged the cessation of the employment relationship origin of the provision by unemployment, the request must be subsequent to the resolution of the corresponding procedure.

The economic effects of the payment of the requested right will be produced starting from the day following its recognition, except when the activity start date is earlier, in which case, shall apply to the date of commencement of such activity.

4th do not have the right to receive unemployment benefit in the form of lump sum in accordance with the rules 1st and 2nd paragraph who have juggled work on their own with the contributory level unemployment benefit in the 24 months prior to the request.


5th if after the involuntary termination of work on their own without having extinguished the provision contributory level unemployment benefits, worker entitled to protection by cessation of activity, can choose between perceived this or reopen the right to that. Option for one or the other protection implies the extinction of the provision that it does not choose.

2. the Government may modify, by Royal Decree, the provisions of paragraph 1 above.

Article 35. Family partners of self-employed workers high bonuses.

The spouse and relatives of self-employed workers by consanguinity or affinity up to the second degree inclusive and, where appropriate, by adoption, which are incorporated in the special regime of the Social security of self-employed workers, provided they had not been given high in the 5 years immediately preceding, and collaborate with them through work in the activity in question including workers self-employed regime special of the workers of the sea, from the entry into force of this law, they will have right to a bonus during the 24 months following the date of discharge, equivalent to 50 per cent during the first 18 months and the 25 per cent during the 6 months following , fee resulting from applied minimum based on the corresponding current contribution rate at any time in the special regime, or special system in its case, of self-employment that corresponds.

Provisions of this article shall not apply to family members who previously benefited from this measure.

Article 36. Self-employed workers in Ceuta and Melilla.

The workers included in the special scheme for self-employed persons or self-employed engaged in activities that are framed in the sectors of agriculture, fisheries and aquaculture; Industry, save energy and water; Trade; Tourism; Catering and other services, except for air transport, construction of buildings, financial and insurance and real estate, who reside and exercise their activity in the cities of Ceuta and Melilla, shall be entitled to a bonus of 50 percent in their contributions to the Social insurance contributions for common contingencies.

Article 37. Reduction of fees in favor of certain family of the holder of the exploitation agrarian.

1. in the case of persons incorporated in agricultural activity that they are included in the special regime of the workers by self-employed through the special system for workers by account own agricultural, which have fifty or so years of age at the time of the incorporation and are spouses or descendants of the owner of the farm always that this is given high in the regime and special system, cited will apply, on quote for common contingencies of compulsory coverage, a reduction equivalent to 30 per cent of the share resulting from applying the minimum contribution base corresponding to the type of 18.75 per cent.

The reduction of quotas established in the previous paragraph will have a duration of five years calculated from the date of effect of the obligation to contribute and will be incompatible with reduction and bonus for new workers included in the special regime for self-employed workers referred to in articles 31 and 32 of this Act.

2 reduction which referred to this article, provided that the conditions laid down, are fulfilled will be equally applicable to the spouse of the holder of an agricultural holding which constitute in headline of the ownership regime shared, unless come enjoying the planned reduction in paragraph 1, in which case it will continue to perceiving it to extinction.

Article 38. Bonus shares of Social Security for self-employed workers in period of rest for maternity, adoption, fostering, risk during pregnancy, risk during breastfeeding or suspension for paternity.

1 the contribution of workers self-employed, substituted during the break for maternity, adoption, foster care, parenting, risk during pregnancy or risk during breastfeeding, through interim agreements concluded with unemployed persons referred to in the Royal Decree-Law 11/1998, of 4 September, bonus, would have application a bonus of 100 percent of the fee resulting from applied on the fixed or minimum basis that corresponds the type of quote established as mandatory for workers included in the regime special of Security Social that applicable by reason of their activity by has own.

2. only shall apply this bonus while coincide in time, suspension of activity for these causes and the contract of interim of the substitute and, in any case, up to the maximum of the period of suspension.

Article 39. Single payment of the provision on cessation of activity.

1.quienes are holders of the right to the provision on cessation of activity, and have slope of perceiving a period of at least six months, they can be levied only once the current of the amount of the benefit value, when credited to the managing authority will carry out a professional activity as a self-employed or 100 percent of the amount earmarked will make a contribution to the share capital of a commercial's new Constitution or constituted entity within a maximum period of 12 months prior to the contribution, provided that they are to have effective control of the same, as envisaged by the additional provision twenty seventh of the text revised the General Social security law and to exercise a professional activity in it, framed as workers on their own in the special scheme of the corresponding Social security because of their activities.

2. the beneficiary wishing to perceive your one-time benefit available to the managing body, the request accompanying explanatory memorandum on the draft to make investments and activity to develop, as well as how much documentation accrediting the viability of the project.

3. the managing body, taking into account the feasibility of the project to be carried out, shall recognize the right within the period of thirty days from the application of the single payment. Against the decision of the managing body may claim under the terms of article 19 of law 32/2010 of 5 August, by which establishes a specific protection system for cessation of activity of self-employed workers.

The request for payment of the provision on cessation of activity, in any case must be prior to the date of incorporation of the beneficiary to the company or to the beginning of the activity as self-employed, considering that such beginning coincided with the date which as such in the application for discharge of the worker in Social Security.

4. once perceived the provision by its current value, the beneficiary must initiate, within a maximum period of one month, the activity for which it had granted to register as self-employed in the corresponding special regime of the Social Security, and accredit, in his case, which is in the initiation phase.

5. the payment of the benefit will be held only once by the amount corresponding to the contributions to the share capital or the investment needed to develop the activity as self-employed workers, including tax burdens for the start of the activity.

In both cases, those who perceive the single payment of the benefit on cessation of activity requirements may be the same costs of Constitution and functioning of an entity, as well as the payment of rates and taxes. Requirements may be, in addition, up to 15 percent of the amount of the benefit that is capitalized to the payment of specific services of advice, training and information related to the activity to undertake.

The amount of the benefit, calculated in days, of which is deducted the amount relative to the legal interest of the money to be paid as a single payment.

6. the managing body, at the request of the beneficiaries of this measure, may allocate all or part of the single payment of the provision on cessation of activity to cover the costs of Social security contributions. In this case, will have to adhere to the following rules: first. If the provision is not obtained by the total amount, the remaining amount may be obtained pursuant to the following second rule.

In addition, the beneficiary of the provision may elect to obtain all the provision pending receive pursuant to the following second rule.

The second. The managing body may be monthly paid the amount of the benefit on cessation of activity to offset the Social Security, and in this case worker's contribution: a) the amount payable, calculated in days of delivery, will be fixed and will correspond to the amount of the full contribution of the worker to Social Security at the time of the beginning of the activity without considering future amendments.

(b) the payment will be monthly by the entity or organization workers, subject to verification that stays high on the Social Security in the corresponding month.


7. the perception of the benefit in a lump sum will be compatible with other AIDS which may be obtained, either on an individual basis or through the establishment of a capital company for the promotion of self-employment.

8 not affecting the amount perceived to carry out the activity for which has been granted shall be deemed improper payment to the purposes specified in article 31 of the Royal Decree 1541 / 2011, 31 October, which develops law 32/2010 of 5 August, which establishes a specific system of protection by cessation of activity of self-employed workers. For these purposes, means, unless there is evidence to the contrary, that there has been no involvement when within a month, the worker has not credited the ends referred to in paragraph 4 of this article.»

Nine. Amending paragraph 1 of the second additional provision, which is drawn up in the following way: «1. According to principles of rationalisation and legal certainty, all the measures of promoting self-employment reductions and reductions in the contribution to Social Security for self-employed persons shall be regulated through this law.»

10. Modifies the ninth additional provision, which is worded in the following way: «On a biennial basis, the Government will evaluate the impact of the measures provided for in articles 33 and 34 of this law, in order to analyze its impact on self-employment and their possible update.»

Eleven. A second subparagraph shall be added to the twelfth additional provision, with the following wording: «ensure the presence of the cross-sectoral representative associations of self-employed workers at the State level, through its participation in relevant working groups created the National Commission on safety and health at work, when the working conditions of self-employed workers are addressed in the case of planning, programming, organization and management control related to the improvement of working conditions and the protection of the safety and health of self-employed workers".

12. Modifies the thirteenth additional provision, which is worded in the following way: «references the spouse of the self-employed worker and the owner of the agricultural holding provided for in articles 35 and 37 of this Act shall be considered also performed the person linked stably with him by a relation analogous to the conjugal affection once regulate» «, in the field of the field of application of the system of Social Security and the regimes that comprise it, the scope of the framework for the couple in fact of the self-employed worker and the owner of the farm.»

13. Modifies the eighteenth additional provision, which is worded in the following way: «eighteenth additional provision. People with disabilities.

For the purposes of this law, shall be regarded as people with disabilities the covered in paragraphs 1 and 2 of article 4 of the revised text of the General Law of rights of persons with disabilities and their social inclusion, adopted by Royal Legislative Decree 1/2013, of 29 November.»

Fourteen. Amending the fourth final provision, which is worded as follows: 'fourth final provision. Amounts update.

The amounts provided for in the first subparagraph of paragraph 1 of article 31 and the first subparagraph of paragraph 1 of article 32 may be fixed, where appropriate, by the successive laws of General State budgets.»

Second article. Modification of the consolidated text of the General Law on Social Security, approved by Royal Legislative Decree 1/1994 of 20 June.

The following changes are introduced in the consolidated text of the General Law on Social Security, approved by Royal Legislative Decree 1/1994 of 20 June.

One. The letter d is modified) of paragraph 1 of article 212, which is worded in the following way: «d) while the owner performs work on behalf of others of less than twelve months, or as the holder of the right performs work on their own in less than 60 months in the case of self-employed persons causing high in the special regime of the Social security of workers by self-employed or in the regime special the Security Social of the workers of the sea.'

Two. (Is modifies the letter b) of the article 212.4, that is drafted of the following mode: «(b) (prior request of the interested, in them alleged collected in them paragraphs b) (, c)(, d) (, e)(, f) (and g) of the paragraph 1, whenever is accredits that has completed the cause of suspension, that, in his case, that cause is situation legal of unemployment or registration as claimant of employment for them workers by has own» , or which, in his case, the existence of family responsibilities or lack of income requirement is maintained. In the case of the letter d) of paragraph 1, in relation to workers on their own causing high in the special regime of the Social security of workers by self-employed or regime special the Security Social of the employees of sea, the unemployment benefit may be resumed when the self-employment of less than 60 months.

Self-employed workers who request the resumption of the provision or unemployment subsidy after 24 months from the start of the suspension must prove that the cessation of the activity for own account has its origin in the concurrence of economic, technical, productive and organizational reasons, force greater determinant of cessation, loss of administrative license , gender violence, divorce or marital separation, involuntary termination in the post of counselor or administrator of a company or the provision of services to the same and termination of the contract signed between the economically dependent self-employed worker and his client, in the terms laid down by regulation.

If after the termination of the work on their own worker entitled to protection by cessation of activity, you can choose to perceive this or reopen the right to suspended unemployment protection. The worker uses the previous provision, contributions that resulted in that provision that had not chosen may not compute for the recognition of a right rear.

The right to rework will be born from the end of the cause of suspension provided that it is requested within the period of fifteen days following, and the application will require registration as a jobseeker if the same has been made previously. Furthermore, on the date of the application shall be deemed re-activated commitment to activity referred to in article 231 of this Act, except in those cases in which the managing body requires the signing of a new commitment.

If the application is submitted after the abovementioned period, there will be the effects provided for in paragraph 2 of article 209 and in paragraph b) of paragraph 1 of article 219.

In the event that the period corresponding to the paid annual holiday has not been enjoyed, shall apply the provisions of paragraph 3 of article 209 of the Act.'

3. The letter d) of paragraph 1 of article 213 is worded in the following way: «d) realization of a work of duration equal to or more than 12 months, without prejudice to the provisions of paragraph 3 of article 210, or realization of a job on their own, for a time equal to or greater than 60 months in the case of self-employed persons causing high in the special regime of the Social security of workers by self-employed or in regime special the Security Social of the workers of sea.'

Four. (2) of the thirty additional provision is worded as follows: «2. employers, excluding public administration and institutions, agencies and companies in the public sector, engaged in activities that are framed in the sectors of agriculture, fisheries and aquaculture;» Industry, save energy and water; Trade; Tourism; Catering and other services, except for air transport, construction of buildings, financial and insurance and real estate, in the cities of Ceuta and Melilla, with regard to workers who provide services in its work centres located in the territory of these cities, will be entitled to a bonus of 50 percent in their contributions to the Social insurance contributions for common contingencies «, as well as by the concepts of unemployment, vocational training, and wage guarantee fund joint fundraising.»

Third article. Modification of the law 5/2011, from 29 March, Social economy.

One. Add a paragraph 4 to article 5, with the following wording: «4. declare themselves providers of services of General economic interest, special employment centres and insertion enterprises, incorporated and qualified as such according to their regulatory.» In addition, you can extend this statement to any other entities of the social economy designed to equally the inclusion work of groups at risk of exclusion, as to what is established by law.»

Two. Article 9 is drawn up in the following way: «article 9. Incentives for the incorporation of workers to entities of the social economy.


(1. is incorporate them following bonuses applicable to the entities of the economy social: to) bonuses in them quotas business of it security Social during three years, whose amount will be of 137,5 euros / month (1,650 euros / year) during the first year, and of 66,67 euros / month (800 euros / year) during them two years remaining, applicable to them cooperative and societies labour that incorporate workers unemployed as partners workers or of work , and that are minor of 30 years, or under of 35 years that have recognized a degree of disability equal or superior to the 33 percent. If the incorporation is performs with major of 30 years, the bonus will be of 66,67 euros / month (800 euros / year) during the three years. In the case of cooperatives, the bonuses will be applied when these have opted for a system of Social security of workers employed under the terms of the fourth additional provision of the consolidated text of the General Law on Social Security, approved by Royal Legislative Decree 1/1994, of 20 June.

(b) reductions in Social Security fees applicable to employers of inclusion in cases of signed employment contracts with persons in a situation of social exclusion contained in article 2 of the law 44/2007, of December 13, for the regulation of the system of the enterprises of insertion of 70,83 EUR/month (850 euros/year) during the entire period of the contract , or three years in case of indefinite contracts, or 137,50 euros/month (1,650 euros per year) during the entire period of the contract or for three years, in case of hiring indefinite, in the case of under 30 years of age, or less than 35 years old who have recognized a degree of disability equal to or greater than 33%. These bonuses will not be compatible with those provided for in article 16.3. to) the law 44/2007, of December 13.

2 in relation to paragraph 1.a), set out in section I of chapter I of law 43/2006, of 29 December, for the improvement of growth and employment, except as provided in its article 6(2) applies.

(En lo no previsto en el apartado 1.b), shall apply the provisions of section I of title I of law 43/2006, of 29 December, for the improvement of growth and employment, in terms of the requirements that have to meet the beneficiaries, the exclusions in the application of subsidies, amount maximum, incompatibilities or reinstatement of benefits. "

3. It introduces a new article 10 which is drawn up in the following way: «article 10. Capitalization of the provision by unemployment to them beneficiaries of benefits when intending to incorporate is as partners workers or of work in cooperatives or in societies labour.

1. in application of the provisions of paragraph 3 of article 228 of the text of the General Social Security Act, approved by Royal Legislative Decree 1/1994 of 20 June, will keep the provisions of the Royal Decree 1044 / 1985, of 19 June, which establishes the payment of unemployment in the form of lump sum benefits , included them modifications incorporated by standards later, in what not is opposed to them rules following: 1st the entity manager could pay the value current of the amount of the provision by unemployment of level contributory, to them beneficiaries of benefits when intend to incorporate is, of form stable, as partners workers or of work in cooperatives or in societies labour, although have maintained a link contractual prior with such societies regardless of their length or establish.

In these cases, payment of the benefit will be held only once by the amount corresponding to the contributions to the capital, including the entrance fee, in the case of cooperatives or of the acquisition of shares of the capital stock in a labour society as necessary to access membership.

Who capitalize on the provision by unemployment, may also allocate the same costs of Constitution and functioning of an entity, as well as the payment of fees and the price of specific advice, training and information services related to the activity to undertake.

The amount of the benefit, calculated in days, of which shall deduct the amount relative to the legal interest of the money to be paid as a single payment.

However, if the provision is not obtained by the total amount, the remaining amount may be obtained pursuant to rule following 2nd.

(2nd the managing body may be monthly paid the amount of the provision contributory level unemployment benefits to subsidize the price of Social Security, and in this case worker: to) the amount of the subsidy, calculated in days of delivery, will be fixed and will correspond to the amount of the full contribution of the worker to Social Security at the time of the beginning of the activity without considering future amendments except when the amount of the grant is below the contribution of the worker that corresponds to the minimum base of existing quote for each Social security scheme; in such a case, the latter shall be paid.

(b) the payment will take place monthly by the managing body workers, subject to verification that stays in the Social Security in the corresponding month.

3rd the request for payment of the unemployment benefit of contributory level, as set out in rules 1st and 2nd, in any case must be prior to the date of joining the cooperative or labor society.

If the worker had challenged the cessation of the employment relationship origin of the provision by unemployment, the request must be subsequent to the resolution of the corresponding procedure.

The economic effects of the payment of the requested right will be produced starting from the day following its recognition, except when the activity start date is earlier, in which case, shall apply to the date of commencement of such activity.

«2. the Government may modify, by Royal Decree, it established in the paragraph 1 above.»

Four. It introduces a new article 11 that is drafted of the following mode: «article 11.» Bonuses Social Security fees for partners employees or working members of cooperative societies, in period of rest for maternity, adoption, fostering, risk during pregnancy, risk during breastfeeding or suspension for paternity.

Contributions of the partners workers or members of cooperative societies work, replaced during rest periods for maternity, adoption, foster care, parenting, risk during pregnancy or risk during breastfeeding, through bonus, entered into interim contracts with unemployed persons referred to in the Royal Decree-Law 11/1998, of 4 September, them shall apply (: a) a bonus of 100 percent in business of Social security contributions, including accidents at work and occupational diseases and in the business of raising quotas contributions joint in the case of members included in a system of Social security of self-employed.

(b) a bonus of 100 percent of the fee resulting from applied the minimum or fixed base matching the contribution rate established as mandatory for workers included in a system of Social security of self-employed workers.

Only shall apply this bonus while coincide in time, suspension of activity for these causes and the contract of interim of the substitute and, in any case, up to the maximum of the period of suspension.»

5. It introduces a new article 12, which is drawn up in the following way: «article 12. Single payment of the provision on cessation of activity.

1. those who are holders of the right to the provision on cessation of activity, and have slope of perceiving a period of at least six months, they can be levied only once the current of the amount of the benefit value, when credited to the managing body which will carry out a professional activity as a worker-members of a co-operative of associated work or society which has the character of labor.

2. the beneficiary wishing to perceive your one-time benefit available to the managing body, the request accompanying explanatory memorandum on the draft to make investments and activity to develop, as well as how much documentation accrediting the viability of the project.

Applicants shall submit certification of having requested membership in the society and conditions in which this will occur. If it's cooperatives or labour societies of new creation shall submit in addition, the draft laws of the society. In these cases payment of the benefit in the form of single payment shall be subject to the presentation of the admission as a partner agreement or the effective registration of the society in the corresponding register.

3. the managing body, taking into account the feasibility of the project to be carried out, shall recognize the right within the period of thirty days from the application of the single payment. Against the decision of the managing body may claim under the terms of article 19 of law 32/2010 of 5 August, by which establishes a specific protection system for cessation of activity.


The request for payment of the provision on cessation of activity, in any case must be prior to the date of incorporation to the cooperative or labor society, or to the Constitution of the cooperative or labor society.

4. once perceived the provision by its current value, the beneficiary must initiate, within a maximum period of one month, the activity for which it had granted to register in the corresponding Social security scheme, and accredit, in his case, which is in the initiation phase.

5. the manure of it provision is held of a single time by the amount that corresponds to them contributions to the capital, including the share of income, for them cooperative, or to the of it acquisition of actions or shares of the capital social in a society labour in it necessary for access to the condition of partner worker, included them loads tax for the home of it activity.

Who perceive the payment only of the provision by cessation of activity may allocate the same to them expenses of Constitution and put in operation of an entity, as well as to the payment of the rates and tributes. Requirements may be, in addition, up to 15 percent of the amount of the benefit that is capitalized to the payment of specific services of advice, training and information related to the activity to undertake.

Is paid as payment only the amount of the provision, calculated in days full, of which is deducted the amount relative to the interest legal of the money.

6. the body Manager, to request of them beneficiaries of this measure, may allocate all or part of the payment only of the provision by cessation of activity to cover them costs of quote to it security Social. In such case, there will be that follow are to the following rules: first. If the provision is not obtained by the total amount, the remaining amount may be obtained pursuant to the following second rule.

In addition, the beneficiary of the provision may elect to obtain all the provision pending receive pursuant to the following second rule.

The second. The managing body may be monthly paid the amount of the benefit on cessation of activity to offset the Social Security, and in this case worker's contribution: a) the amount payable, calculated in days of delivery, will be fixed and will correspond to the amount of the full contribution of the worker to Social Security at the time of the beginning of the activity without considering future amendments.

(b) the payment will be monthly by the entity or organization workers, subject to verification that stays high on the Social Security in the corresponding month.

7. the perception of the benefit in a lump sum will be compatible with other AIDS which may be obtained for the Constitution or integration into cooperatives or labour societies.

8 not affecting the amount perceived to carry out the activity for which has been granted shall be deemed improper payment to the purposes specified in article 31 of the Royal Decree 1541 / 2011, 31 October, which develops law 32/2010 of 5 August, which establishes a specific system of protection by cessation of activity of self-employed workers. For these purposes, means, unless there is evidence to the contrary, that there has been no involvement when within a month, the worker has not credited the ends referred to in paragraph 4 of this article.»

6. The article 9 happens to number is as article 13.

7. Amending the first final provision, which is worded as follows: «first final provision. Title competence.

The present law is legislation basic dictated to the amparo of the article 149.1.13. ª of the Constitution that attributed to the State them "bases and coordination of the planning general of the activity economic". Still, will not have basic character: to) the content of this law that refer to the Organization and functioning of organs of the State or organs attached to the administration of the State: article 8.3 and article 13.

(b) the first additional provision that incardina in the 149.1.31 article. ª of the Constitution, which attributes to the State competition in "statistics for State purposes".

«(c) articles 9, 10, 11 and 12, which are issued under cover of the provisions of article 149.1.17. ª of the Constitution, which attributes to the State exclusive jurisdiction with respect to the basic legislation and economic regime of the Social Security, without prejudice to the execution of its services by autonomous communities.»

Fourth article. Modification of the fifth additional provision of the consolidated text of the law of contracts in the Public Sector, approved by Royal Legislative Decree 3/2011, from 14 November.

Amending the fifth additional provision which is worded as follows: «Fifth additional provision. Reserved contracts.

1. by agreement of the Council of Ministers or by the competent body in the field of the autonomous communities and local entities, will be fixed minimum percentage of reservation of the right to participate in procedures for the award of certain contracts or certain lots of them to special employment centres and insertion companies regulated in the law 44/2007 , of 13th December, for the regulation of the regime of the companies of insertion, which comply with the requirements laid down in the said legislation to have this account, or a minimum percentage of reservation of the execution of these contracts within the framework of employment programs protected, provided that at least 30 per cent of the employees of the special employment centres companies of insertion or programs are workers with disabilities or at risk of social exclusion.

In the referred agreement of the Council of Ministers or by the competent authority in the scope of the autonomous communities and local entities, the minimum conditions shall be fixed to ensure compliance with the provisions of the preceding paragraph.

2. in the call for tenders must refer to this provision.'

Fifth article. Amendment of the Act 12/2001, of 9 July, on urgent measures to reform the labour market to increase employment and improve its quality.

Amending the second additional provision, which is worded as follows: «second additional provision. Social Security fees bonuses for workers in a period of rest for maternity, adoption, fostering, risk during pregnancy, risk during breastfeeding or suspension for paternity.

Contributions of self-employed workers replaced during rest periods for maternity, adoption, foster care, parenting, risk during pregnancy or risk during breastfeeding, through interim contracts subsidised, concluded with unemployed persons referred to in the Royal Decree-Law 11/1998, of 4 September, them shall apply an allowance of 100 percent in Corporate Social Security fees including occupational accidents and diseases professional and business contributions of joint fundraising fees.

Only shall apply this bonus while coincide in time, suspension of activity for these causes and the contract of interim of the substitute and, in any case, up to the maximum of the period of suspension.»

Article six. Modification of law 43/2006, of 29 December, for the improvement of growth and employment.

Added a new third paragraph to paragraph 5 of article 2, with the following wording: "in those cases in which the hired worker finished a contract of employment with a company of social during the previous 12 months, not been served subsequently employed for another employer subsequent to the termination of the company's inclusion and is hired by an employer that does not have the condition of inclusion or center company special employment, the bonus will be 137,50 euros per month, for a maximum period of 12 months. At the end of this period of 12 months, shall apply the bonus provided for in the first and second subparagraphs of this paragraph until the expected maximum duration.»

Sole additional provision. Absence of public spending.

The measures included in this standard may not assume equipment or personnel expenses increase.

Available to transient first. Aplicatoriedad promotion of self-employment measures existing at the date of entry into force of this law.

1. to the self-employed who come and enjoy reductions and allowances provided for in the additional provisions prior to the entry into force of this law thirty-fifth and thirty fifth bis of the consolidated text of the General Social Security Act, will remain application to those provisions, although these beneficiaries do not forfeit your enjoyment as a result of employing workers employed.


2. to the self-employed persons with disabilities come enjoy reductions and allowances provided for in the eleventh additional provision of law 45/2002, of 12 December on urgent measures for the reform of the system of protection for unemployment and improvement of the employability, prior to the entry into force of this law will remain of application set out in that provision Although these beneficiaries do not forfeit your enjoyment as a result of employing workers on behalf of others.

3. to family members who, at the date of entry into force of this law come enjoying the bonus provided for in the eleventh additional provision of Act 3/2012, on 6 July, on urgent measures for the reform of the labour market, will apply as provided for by article 35 of law 20/2007, of July 11 , of the Statute of the work independent.

Second transitional provision. Aplicatoriedad of them modifications provided for by those paragraphs one, two and three of the article second of the present law.

The time allotted for the suspension of the provision by unemployment in the article 212.1. d) and 4.b) and for the extinction of this provision in article 213.1. d) of the consolidated text of the General Social Security Act, shall also apply to those beneficiaries that the date of entry into force of this standard had suspended his benefit or subsidy unemployment by carrying out a work on their own.

Sole repeal provision. Repeal legislation.

Are repealed few provisions of equal or lower range is opposed to the present law and, expressly, the following: 1. of the law 20 / 2007, of 11 of July, of the Statute of the work autonomous: them provisions additional fourteenth, fifteenth and sixteenth.

Transitional provisions first, second and third.

It available to finish fifth.

2. of the consolidated text of the General Law on Social Security, approved by Royal Legislative Decree 1/1994 of 20 June: further provisions thirty-fifth and thirty fifth bis.

3 of law 45/2002 of 12 December on urgent measures for the reform of the system of protection for unemployment and improvement of the employability: the eleventh additional provision and the fourth transitional provision.

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

5 of law 18/2007, 4th of July, that item is the integration of workers self-employed the agrarian special regime of the Social Security in the special regime of the Social security of workers by self-employed: the first additional provision.

6 of law 11/2013, 26 July, support for entrepreneurs and encouraging growth and job creation measures: articles 3 and 14.

7 of the law 32/2010 of 5 August, which establishes a specific system of protection by cessation of activity of self-employed workers: the fourteenth additional provision.

8 of the Royal Decree 1541 / 2011, of 31 of October, which develops law 32/2010, by which establishes a specific protection system for cessation of activity of self-employed workers: the fourth additional provision.

Available end first. Skill-related title.

He article first of the present law, is dictates to the amparo of the competition that corresponds to the State according to it willing by the article 149.1.6. th, 7th and 8th of the Constitution that attributed to the State the competition exclusive in matter of legislation Mercantile; labour, without prejudice to its execution by the bodies of the autonomous communities, and civil legislation, except paragraphs eight, nine and thirteen, dictating to the protection of the provisions of article 149.1.17. ª which attributes to the State the exclusive competence with regard to the basic legislation and economic regime of the Social Security, without prejudice to the execution of its services by the autonomous communities.

He article second, is dictates to the amparo of it planned by the article 149.1.17. th of the Constitution, that attributed to the State the competition exclusive concerning the legislation basic and regime economic of it security Social, without prejudice of the execution of their services by them communities autonomous.

The third article, regarding one paragraph is run under the protection of the provisions of article 149.1.13. ª of the Constitution, which attributes to the State the exclusive competence of the State with respect to bases and coordination of the general planning of economic activity. Paragraphs two, three, four and five are held under cover of the provisions of article 149.1.17. ª of the Constitution, which attributes to the State exclusive competence with regard to the basic legislation and economic regime of the Social Security, without prejudice to the execution of its services by the autonomous communities.

The fourth article is issued under cover of the provisions of article 149.1.18. ª, which attributes to the State the exclusive competence in the field of basic legislation on contracts and administrative concessions.

Fifth and sixth items are issued under cover of the provisions of article 149.1.17. ª of the Constitution that the State given exclusive competence with regard to the basic legislation and economic regime of the Social Security, without prejudice to the execution of its services by the autonomous communities.

Second final provision. Entry into force.

This law shall enter into force thirty days after their publication in the "Official Gazette".

Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.

Madrid, September 9, 2015.

PHILIP R.

The Prime Minister, MARIANO RAJOY BREY