Law 20/2007 of July 11 of the Statute of the Autonomous Labour, defines self-employment, establishes the whole of the individual and collective rights of the self-employed, regulates the figure of the self-employed worker economically dependent, it provides for measures to promote self-employment and improves the level of social protection for the self-employed, with a view to the equalisation with which the employed persons enjoy.

The fourth additional provision of Law 20/2007, of July 11, directs a mandate to the Government to draft a bill that regulates a specific system of protection for the cessation of the activities of the self-employed. The bill was drafted and processed in the General Cortes, giving rise to the approval of Law 32/2010, of 5 August, establishing a specific system of protection for the cessation of the activity of the self-employed.

However, this Law, which represents the greatest social protection boost for the self-employed, needs further regulatory development to articulate the specific rules of operation of the system of protection by cessation of activity, both as regards the documents to be submitted by the self-employed persons who are in the situation of having to cease in the activity, and in the procedures to be carried out by the managing bodies for the recognition of the right to protection, the payment of recognised benefits and control of the same.

This Law is a historic milestone in the field of self-employment, giving a level of protection to self-employed workers who have been involuntarily ceased to work, equating to employed persons. beneficiaries of unemployment benefits. It sets out a provision, by cessation of activity, which will be based on the periods of contribution made within the period of 40 to eight months preceding the legal status of cessation of activity for which at least 12 months are to be continued and immediately prior to such cessation status.

Law 32/2010, of 5 August, was published in the "Official Gazette of the State" on August 6, 2010, with entry into force in November of that year. Since the duration of the benefit by cessation of activity will be on the basis of the periods of contribution made from the 12 months listed, starting in November 2011, that benefit shall begin to be granted for the first This implies the need to enable effective mechanisms for the management of this provision, which constitute the object of this royal decree.

This royal decree consists of 32 articles, framed in five chapters, plus seven additional provisions, one transitory, and three endings.

Chapter I develops the object of protection contained in Law 32/2010 of 5 August, as well as the requirements for the birth of the right, the special rules for the legal situation of cessation of activity, as well as the Forms of accreditation of such a situation in their different motivations, determinants for configuring and ensuring the protection of the self-employed.

Chapter II refers to the regime and dynamics of the protection by cessation of the self-employed worker's activity of developing the rules of application and the birth of the right to protection, covering the duration of the economic performance and the amount of such economic benefit. The payment of the social security contribution is defined during the period of receipt of the benefit by cessation of activity, as well as the suspension and resumption of the right to protection by cessation of activity, and the powers of option and reopening of the itself. Similarly, sufficient elements of legal certainty are introduced into the dynamics of protection that affect situations of temporary disability, maternity and paternity.

Chapter III deals with the financial and management system of the self-employed worker protection system.

The financing of the protection will be undertaken exclusively from the contribution of the contribution of self-employed workers who have protected the coverage for accidents of work and occupational diseases. The General Treasury of Social Security shall allocate the amount of the contributions by differentiating between the amount intended to cover the costs incurred in respect of the benefits payable to the self-employed worker and his contribution; and It is intended to finance training, career guidance and promotion of entrepreneurial activity.

The managing bodies shall undertake the payment of the economic benefit by cessation of the activity in accordance with the provisions contained in that chapter, differentiated between the Mutual Working Party and the Occupational Disease Social Security, Public Service of State Employment and Social Institute of the Navy.

In the event that positive results are obtained from the management of the Social Security Occupational and Occupational Accident Mutuals, two types of reserves are established, one with at least 80 percent. of the total of the surplus, which will remain in the Mutual Fund in order to guarantee the financial viability of the management of the protection by cessation of activity of the collective of self-employed workers that it manages. Another, with up to 20 percent, will be in the General Treasury of Social Security in order to guarantee the financial sufficiency of the system of protection for the cessation of the activity of the self-employed.

Chapter IV develops training measures, career guidance and promotion of entrepreneurial activity.

In terms of resources to finance training, career guidance and promotion of entrepreneurial activity, the management system, which establishes as the Public Service of State Employment, is implemented. transfers the resources to the various Public Employment Services of the Autonomous Communities, managing bodies of these actions, establishing an advance payment management of 70 percent of the income in March of the year to be spent In the case of the actions mentioned and a second payment, of the remaining 30 percent, to be paid in the month of October.

The justification of the expense and the fate of the uncommitted remnants of the bookies made effective in the previous financial year, which will be returned to the State Employment Public Service, is regulated.

Chapter V contains the regulation of the obligations of the self-employed, reference to the rules of application in respect of infringements and penalties, and the determination of the reimbursement of benefits unduly (a) in order to ensure that the competent authorities of the Member States of the European Parliament and of the Member States of the European Parliament and of the Member States of the European Parliament and of the Council of the European Communities are to be informed of the provision, the procedure provided for in the General Rules of Procedure being applicable Social Security Collection, and distinguishing the cases in which it corresponds to the Public Service of State Employment or the Social Institute of the Navy.

The additional provision first provides for the possibility that the applicant for the protection by cessation of activity may accompany his application with any document he deems appropriate to prove the concurrency of the legal status of cessation of activity to the relevant managing body.

The second additional provision develops the sanctioning competition by attributing to the Delegation of the Government whether the Autonomous Community is one-provincial or to the Subdelegation of the Government in the province in quality of organs (a) the national authorities of the State, the imposition of penalties for infringements of self-employed persons or self-employed persons, in cases where the same affects the provision by the Member State of the service in the event of such an infringement corresponds to a Mutual of Occupational Accidents and Occupational Diseases of Social Security.

The third additional provision contains the amendment of the General Regulation on procedures for the imposition of penalties for infringements in the social order for the settlement of security quotas Social, approved by Royal Decree 928/1998 of 14 May, by adding a new Article 38a, on the procedure for the imposition of penalties on self-employed workers who are applicants or beneficiaries of the cessation of activity, who are will start with a violation of the Labour and Social Security Inspectorate.

The fourth additional provision is in response to the mandate laid down in the additional fourteenth provision of Law 32/2010 of 5 August, in which it is proposed that a single payment system for the provision of services is provided for activity. This system is specified in this provision for those rightholders, who have to receive the benefit for a period of at least six months, and prove to the managing body that they will carry out a professional activity. as self-employed workers or as working partners of an associated worker cooperative or company having the status of work.

With this regulation, self-employment is favored through self-employment or participation as a working partner in cooperatives and labor societies, primarily supporting investment financing and spending by the Social Security contribution at the beginning of the activity.

The fifth additional provision provides for the application of this royal decree to the workers included in the Special System for Agricultural Own-Account Workers, with the characteristics collected in that system.

The additional sixth provision extends the subjective scope of protection by cessation of activity in respect of those ship owners who provide service on board the same as the rest of the crew, in the as a crew member and by perceiving a salary, which for their status as employers are excluded from the protection of unemployment.

The seventh additional provision on justification and documentation to be submitted by the autonomous communities without an oversight body regulates the cases in which the management carried out by the autonomous community takes effect without the (a) a supervisory body which does not have the same organisation and powers, in which conformity shall be given by the responsible person who has responsibility for budgetary or accounting control.

The single transitional provision provides for administrative expenditure which may be charged by the Mutual Fund, those which are necessary for the implementation and development of the system for the management of the benefit of the activities of self-employed workers, such as those arising from the implementation of software related to the management of the protection, development and training of their human resources and, where appropriate, the monitoring and monitoring of protected situations.

The final provision first establishes the title of this royal decree, which is dictated by the exclusive competence of the economic system of social security, attributed to the state by Article 149.1.17. the Constitution.

The second final provision enables the holder of the Ministry of Labour and Immigration, the Directorate-General for Social Security Management and the Directorate-General of the State Employment Public Service, in the the scope of its financial and management powers, to dictate how many provisions or resolutions are necessary for the development of this royal decree.

The third final provision provides for entry into force on the day following its publication in the Official Gazette, with effect from 1 November, subject to the provisions of Article 19, which will take effect on 1 January. and the fifth additional provision to enter into force on 1 January 2012.

This royal decree is dictated by making use of the authorization provided for in the third final provision of Law 32/2010 of 5 August. In the process of project preparation, the autonomous communities have been informed. In addition, the associations of self-employed workers and the most representative employers ' and trade unions at the state level have been consulted. The Project has also been reported by the Sectoral Conference on Employment and Labour Affairs on 29 September 2011.

Under its virtue, on the proposal of the Minister of Labour and Immigration, with the prior approval of the Minister of Territorial Policy and Public Administration, in agreement with the Council of State and after deliberation by the Council of Ministers at their meeting on 28 October 2011,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object.

This royal decree aims to regulate the specific system of protection regulated in Law 32/2010 of 5 August, establishing a specific system of protection for the cessation of activity. of self-employed workers.

Article 2. Requirements for the birth of the right to protection.

1. The right to protection by cessation of activity shall be recognised as self-employed workers in which the following requirements are met:

(a) To be at the date of the cessation of affiliated activity, in a situation of high and covered the professional contingencies and the cessation of activity, in the Special Regime of the Workers for Account Own or Autonomous, as well as to the self-employed persons included in the Special Regime of the Sea Workers.

b) Request the discharge in the Special Regime corresponding to the cessation of activity.

(c) Having covered the minimum period of contribution per cessation of activity referred to in Article 12 of this royal decree, being computable to that effect in the month in which the event causing the benefit occurs.

d) Find yourself in a legal cessation of activity.

e) Active availability for the return to the labour market, through the training activities, the professional orientation and the promotion of the entrepreneurial activity to which the Service can convene Corresponding Public Employment, by subscribing to the commitment of activity referred to in Article 231 of the Recast Text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of 20 June.

The commitment of activity will be subscribed to in order to carry out the training activities, of professional orientation and promotion of the entrepreneurial activity above mentioned and of the fulfillment of the specific obligations established in Article 17 (1) (g) and (h) of Law 32/2010 of 5 August.

f) Failure to comply with the ordinary age for entitlement to the contributory pension pension, unless the self-employed worker is not entitled to the required contribution period. For the purposes of accreditation of this requirement, for the self-employed persons of the Special Regime of the Sea, the lower than that established by the Law that corresponds, by application of the coefficients, shall be considered as ordinary age. reducers, in accordance with the provisions of Article 1 of Royal Decree 1311/2007 of 5 October 2007 establishing new criteria for determining the retirement pension of the Special Scheme for the Social Security of Workers of the Sea and in Royal Decree 1851/2009, of 4 December, for which the article 161 bis of the Law is developed General of Social Security as regards the anticipation of the retirement of workers with disabilities in a degree equal to or greater than 45%, as well as those that could be of application to the self-employed of any other schemes or collectives.

g) To be found in the payment of the quotas to the corresponding Special Social Security Regime at the date of the cessation of activity.

In the event that the self-employed worker is not current in the payment of the quotas, Article 28 of Decree 2530/1970 of 20 August, under which the special security scheme is regulated, will apply. Social of self-employed or self-employed persons, provided that the self-employed person makes the payment within the period of 30 days and has covered the minimum period of contribution to be entitled to protection.

In order to justify the entry of the quotas within the prescribed period, the self-employed worker will present before the managing body a certificate from the General Social Security Treasury to be aware of the payment of their quotas.

2. Where the self-employed worker has one or more workers in his or her position and there are some of the causes of Article 5.1 of Law 32/2010 of 5 August, it will be a prerequisite for the cessation of activity to comply with the guarantees, obligations and regulated procedures in labour law, which shall be accredited by means of an affidavit of the self-employed worker.

In such cases, the extinction of the company will be communicated or the temporary or definitive cessation of its activity to the General Treasury of Social Security or the Social Institute of the Navy, as well as the casualties in the corresponding regime of the workers in charge of them in the terms of Articles 18 and 29.1 of the General Regulation on the registration of undertakings and affiliation, high, low and variations of data of workers in social security, approved by Royal Decree 84/1996, of 26 January.

Article 3. Legal status of cessation of activity. Special rules.

Under the terms of Article 5 of Law 32/2010 of 5 August, the following rules are laid down:

(a) In any event, the causative event shall be deemed to have occurred on the last day of the month in which the legal status of cessation of activity takes place.

(b) In cases of cessation of activity on the basis of economic, technical, productive or organisational reasons, the losses arising from the exercise of their activity in the reference periods, as referred to in paragraph 1, shall be taken into account. Article 5 (1) (a) (1) of Law 32/2010 of 5 August. In such cases, they shall be considered to be immediately prior to the cessation of the activity, understanding their computation from the concurrence of the cessation cause.

(c) Executions for the recovery of the debts referred to in Article 5 (1) (a) .2. of the same Law shall be of a judicial or administrative nature.

(d) For the purposes of this benefit, force majeure shall be defined as a force exceeding all control and forecasting, which is outside the self-employed or employer and which is outside its sphere of control, due to events of extraordinary character that could not have been foreseen or could not be avoided.

e) In cases of cessation of activity as a result of the cessation by the self-employed worker of the duties of family aid for marriage separation or divorce, as referred to in Article 5.1.e), the causative event must be within six months immediately following the judgment or agreement establishing such separation or divorce.

Article 4. Accreditation of the legal status of cessation of activity for economic, technical, productive or organizational reasons.

1. Where economic, technical, productive or organisational reasons are invoked, the cessation of activity shall be established by means of an affidavit by the applicant for the benefit in which he has recorded the cause of the cessation of activity accompanied by the documentation to serve as a basis and accredit the alleged motive.

Also, when economic reasons are alleged, it may be possible to accompany relevant tax documentation, case of income tax declarations of the Physical Persons and the Value Added Tax, or certificate of the State Agency of the Tax Administration or competent authority of the Autonomous Communities, in which the revenue collected is collected.

2. In the case of judicial executions, they shall be established by means of judicial decisions which provide for the concurrency of the cause of termination. In the case of administrative executions, the accreditation shall be carried out with the administrative decisions given for that purpose.

3. In the event of a contest, the order for the closure of all the offices, establishments or holdings of the debtor, as well as, when carrying out a business, the cessation of the competition, must be provided.

4. The workers included in the Special Regime of Self-Employed Workers, by application of the Twenty-seventh Additional Disposition of the Recast Text of the General Law of Social Security, shall accompany, together with the affidavit, in addition to the documents deemed necessary, the following documentation, in case they are required to formalise it according to the specific rules:

(a) In the case of members or administrators of the company, the accreditation of the cessation in the activity of such functions shall be a requirement of access to the provision of the service by means of the contribution, among other documents, of the agreement adopted on board or the registration of the revocation of the charge in the Mercantile Register.

(b) In the case of partners providing other services for the company, a document certifying the cessation of the provision of the same and the agreement of the board of reduction of capital for losses.

In both cases, the net worth of the company shall be required to have decreased below two thirds of the capital's figure, or losses arising from the exercise of its business, in a full financial year, more than 30% of the revenue, or more than 20% in two consecutive and complete economic years. In no case shall the first calendar year of the start of the activity take into account these effects.

5. Free professionals who require tuition to carry out their professional activity on their own account, in addition to the provisions of the first paragraph of this Article, must certify the cessation of activity by certificate issued by the College. Corresponding professional, where such a circumstance is recorded, which shall be credited either by means of the discharge or by the contribution of the non-exercising collegial certificate, both expressing the date of effect.

6. In the case of cessation of activity by death of the business owner, the self-employed worker who is carrying out the duties of family support in the business must submit, together with the affidavit, a certificate of the Civil Registry that accredit the death.

If the cessation of activity occurs as a result of the permanent retirement or incapacity of the business owner, the Entity Gestora or organ of the provision by cessation of activity will request from the National Institute of Social security, where necessary for the recognition of the benefit, the information concerning the alleged cause.

In cases of establishment open to the public, the closure of the public establishment must be established in the terms provided for in the following paragraph.

7. In cases where the establishment is open to the public, and irrespective of the above, the self-employed worker must provide proof of the closure of the self, by means of some of the following documents:

(a) Supporting documentation of the cessation of the supply and consumption of services inherent in the development of the business carried out in the establishment, such as water and electricity.

b) Supporting documentation of the extinction, cessation or transfer of the licenses, permits or administrative authorizations that are necessary for the exercise of the activity.

(c) Credit documentation of the low status as a taxable person of the tax obligations accrued as a result of the exercise of the business in the establishment.

d) Proof of the cessation of ownership of the property, rent, usufruct, transfer or any other right that will enable the exercise of the activity in the establishment.

In the case of the self-employed persons of the Special System of the Sea, holders of vessels must proceed to deposit the Role of the same in the corresponding Maritime Captaincy, which will be credited with a certificate issued for that purpose.

Article 5. Accreditation of the legal status of cessation of activity by force majeure.

In order for the managing body to declare the presence of force majeure determining the cessation of activity for the sole purposes of Article 6.1.b) of Law 32/2010, of 5 August, the self-employed worker shall accompany the affidavit, in which the date of the production of the force majeure must be recorded, the documentation in which it is detailed, by means of the evidence which it considers necessary, in which the event consists, its unforeseeable nature, or foreseeable but unavoidable, its relationship to the impossibility of continuing the activity, indicating whether the force majeure is determining the final or temporary cessation of the activity and in the latter case, the duration of the temporary cessation, even if it is estimated, and any other aspects that allow the managing body to declare such a circumstance.

Article 6. Accreditation of the legal status of cessation of activity for loss of administrative license.

1. The self-employed worker shall demonstrate the cessation of activity by loss of administrative leave by means of a decision to terminate the licences, permits or administrative authorizations enabling them to carry out the activity, according to the rules in force, in which the reason for the extinction is expressly stated, and its date of effect.

2. Decisions in respect of which the loss of the licence is motivated by breach of contract or by the commission of infringements, administrative offences or offences attributable to the person concerned shall not be regarded as such. self-employed person, or other non-compliances attributable to the self-employed person seeking the voluntary loss of their licence.

Article 7. Accreditation of the legal status of cessation of activity in cases of gender-based violence.

1. Requests for protection by cessation of activity in cases of gender-based violence of female self-employed workers shall include the written declaration of the applicant for having ceased or interrupted his economic or professional activity and in the latter the duration of the temporary cessation, even if it is estimated, and shall be accompanied by one of the following documents: order to initiate prior proceedings, order the adoption of protective measures to protect the victim, and temporary detention of the detainee, self-opening of oral judgment, order of protection or report or Indictment of the Prosecutor's Office, or conviction.

2. In the case of economically dependent self-employed workers, the personal statement of the self-employed worker referred to in the preceding paragraph may be replaced by the written communication of the client from whom she is economically dependent, in This shall include the cessation or interruption of the activity, without prejudice to the fact that the other documentation is mandatory, including the communication to the corresponding register of the State Employment Public Service of the completion of the contract with the client.

In the event that the economically dependent self-employed worker performs economic or professional activities for another or other clients, the documentation showing the completion of the activities must be provided.

3. Both the declaration and the communication must contain the date from which the cessation or interruption occurred.

Article 8. Accreditation of the legal status of cessation of activity by divorce or marriage separation agreement.

For the purposes of accrediting the legal status for termination of activity by divorce or marriage separation agreement of Article 5.1.e) of Law 32/2010, of 5 August, it is understood by self-employed worker who exercises functions of family aid to the person who does not continue to engage in the business as a result of the divorce or family separation agreement. In these cases, the applicant shall provide the appropriate judicial decision or agreement, as well as the corresponding documentation showing the loss of exercise of the direct family support functions in the business, which were prior to the marriage breakdown or separation.

Article 9. Accreditation of the legal status of cessation of activity in economically dependent self-employed workers.

1. Without prejudice to the provisions of this royal decree, economically dependent self-employed workers must accompany their application, the communication registered in the Public Employment Service of the termination of the contract with the client in the terms of Article 6.4 of Royal Decree 197/2009, of 23 February, for the development of the Statute of the Autonomous Work in the contract of the economically dependent self-employed worker and his registration and the establishment of the State Register of professional associations of self-employed workers.

In those cases where the management of the provision by cessation of activity corresponds to the State Employment Public Service, the State Employment Service shall verify the registered communication referred to in the previous paragraph available in the registration of contracts for economically dependent self-employed workers.

2. In the event that the economically dependent self-employed person carries out economic or professional activities for another or other clients other than the principal, he/she shall provide the documentation certifying the completion of the activities.

3. Without prejudice to the general rule provided for in the preceding paragraphs, the cessation of activity of economically dependent self-employed workers, in the cases listed below, may be credited as follows:

a) In cases of termination of the duration agreed upon in the contract or completion of work or service with the client, by the provisions of paragraph one of this article.

(b) the client's serious contractual breach, by means of a written communication of the client, stating the date from which the cessation of the activity took place, by means of the minutes resulting from the previous conciliation; or by judicial decision.

(c) The termination of the contractual relationship adopted for the justified cause of the client shall be credited by the written communication issued by the client within ten working days of its concurrence, in which it shall be (a) the alleged motive and the date from which the cessation of the activity of the self-employed worker occurs.

(d) The termination of the contractual relationship adopted by reason of the unjustified cause by the client shall be credited by means of a communication issued by the client within ten working days of its concurrence, in which it must be stated the compensation paid and the date from which the cessation of the activity took place, by means of the act resulting from the previous conciliation or by a judicial decision irrespective of the fact that the activity was under appeal by the client.

e) The death, incapacity or retirement of the client, shall be credited by means of death certificate of the Civil Registry, or communication of the National Institute of Social Security accredited to the recognition of the pension retirement or permanent incapacity, where such circumstances do not include the managing body or the managing body of the benefit, as well as the communication issued by the client in which the termination of the relationship is recorded as a result of permanent retirement or disability.

In the case of points (c), (d), and (e) in the event of no written communication, the self-employed worker may apply to the client, leaving due constancy, to comply with that requirement, and if 10 working days from the request the client does not respond, the economically dependent self-employed worker will be able to go to the managing body informing of said situation, contributing copy of the request made to the client and requesting to be recognized the the right to protection by cessation of activity.

Article 10. Accreditation of the legal status of the cessation of activity by self-employed workers who carry out their professional activity together, by the workers ' partners, and aspiring partners in the probationary period, of the worker cooperatives partner.

1. Self-employed workers who carry out their professional activity together will be subject to the provisions of this royal decree, without prejudice to the particularities set out in the seventh additional provision of Law 32/2010, 5 of August, for the documentation necessary to accredit the cessation of activity in each of the cases.

2. The legal situations of the cessation of activity of the worker and aspiring partners in the test period of the worker cooperatives will be those established in the additional provision sixth of Law 32/2010, of 5 August, and they shall demonstrate in accordance with the rules set out in the second paragraph of that provision and by the following documents:

(a) The expulsion from the cooperative, by the notification of the expulsion agreement by the Rector Council of the cooperative or the corresponding administrative body, indicating its date of effect, and in all the court settlement act or the final decision of the competent jurisdiction expressly stating the origin of the expulsion.

b) The economic, technical, organizational or productive causes of the cooperative society in accordance with the provisions of Article 4.1. In addition, a literal certification of the General Assembly agreement or, where appropriate, of the Governing Council shall be provided if the Statutes for which the specific working partners are designated are designated and are to cause a reduction in the cooperative.

If the cessation of activity of the worker members of the associated worker cooperatives involves the closure of the establishment open to the public, such an end must be established in accordance with the provisions of Article 4.7 of the Treaty. present royal decree.

c) Force majeure, in the same manner as described in Article 5.

d) The end of the period to which the societarium link of a given duration was limited, by means of certification by the Rector Council or the corresponding administrative organ of the decrease in the cooperative for that cause and its date effects.

e) The cessation of activity due to gender-based violence in female workers, in the form provided for in Article 7.

(f) The termination of the activity by termination or revocation of the administrative license of the cooperative, as referred to in Article 6.

g) The cessation of activity of the applicant to a partner during the probationary period, by means of communication of non-admission by the Rector Council of the cooperative or the corresponding administrative body.

CHAPTER II

Protection Regime

Article 11. Application and birth of the right to protection by cessation of activity.

1. The application for the recognition of the right shall be applied in the same Mutual of Occupational Accidents and Occupational Diseases of the Social Security with which the contingencies arising from accidents of work and diseases are covered. professional and must be accompanied by the contribution of the documents that in this royal decree are indicated.

In the case of self-employed workers who have such protection with the Social Institute of the Navy, the request will be made to the institution. In the case of workers who have such contingencies with the National Social Security Institute, the application will be made to the State Employment Public Service.

In all of these cases the recognition will entitle to the enjoyment of the corresponding economic benefit, from the first day of the month following that in which the event causing the cessation of activity occurred, in the terms contained in Article 3 (a) of this royal decree. Where the economically dependent self-employed worker has completed his/her relationship with the principal client, in order to be entitled to the benefit of the benefit, he/she may not have an activity with other clients from the day on which he/she starts recovery. same.

2. Recognition of the right to protection by the legal status of cessation of activity may be requested until the last day of the month following the month following the end of the activity, through the completion of the application form and the contribution of the documents which in this royal decree are indicated for each case.

3. If the application has been submitted after the period laid down in the preceding paragraph, and provided that the self-employed person complies with the other legally required requirements, the period of receipt shall be deducted from the days of the between the date on which the application should have been submitted and the date on which such a presentation was made.

In the case of an off-term application the right will be born from the day of filing of the application.

4. Once the application has been submitted with the relevant documentation, the managing body shall require the self-employed person to remedy the defects in the ten working days within which the non-filed mandatory documents are to be observed or supplied. in order to prove the legal status of cessation of activity.

5. The managing body shall, within 30 working days of receipt of the application with all the necessary documentation, decide on the right to the benefit by decision of the managing body in which the period of receipt of the information is expressly provided. the provision and the monthly amount, as well as the possibility of making a prior complaint to the managing body itself before the court of the competent social order, or the possibility of going directly to the (a) in cases where the prior complaint to the managing body is not required; indication in any case of the period of interposition.

The decision of the managing body shall include the requirement for the worker to appear, within 15 working days of receipt of the request, to the corresponding Public Employment Service in order to formalise his/her registration in the same, if not previously effected, for the purposes of fulfilling the requirements of the undertaking of activity subscribed to in accordance with Article 2.1.e

You will also be advised that if you do not register within the stated time limit, you will be deemed to have not made the commitment of activity effective, which will be the cause of cancellation of the decision of the managing and drawback body, if any, of the benefits unduly paid, without prejudice to the fact that, in the event that it is registered outside that period, it may make a new application.

6. The management body shall take charge of the Social Security quota from the month immediately following the date of the event causing the cessation of activity, as defined in the terms of Article 3 (a), provided that it has been requested in form and within the time limit provided for in paragraph 2.

If the application is submitted after the deadline, the same discount of days as in paragraph 3 of this article will apply to the Social Security contribution.

7. Where the economically dependent self-employed worker has completed his/her relationship with the principal client and has an activity with other clients, the payment and the contribution of the benefit shall be made on the basis of the completion of the activities.

8. The self-employed person who has been recognised and has enjoyed the right to economic benefit by cessation of activity may reapply for a new recognition provided that the legal requirements are met and have elapsed. at least 18 months from the recognition of the last right to the provision by the managing body.

If the self-employed person meets all the required requirements except for the course of 18 months from the month of the birth of the previous right, he/she may apply for the right within 15 working days of the date of his/her term of office, and, in that case the right to the benefit and the contribution to the Social Security shall be born from the first day of the month following that of the application.

If requested outside the indicated period, the discount will be produced for the period between the day of the application period and the day on which the application was submitted.

Article 12. Duration of the economic benefit.

1. The duration of the benefit by cessation of activity shall be based on the periods of contribution provided for in Article 8 of Law 32/2010 of 5 August, requiring at least 12 months to be continued and immediately preceding that period. the status of the cessation, taking into account such effects the month in which the cessation occurs.

2. The recognised duration shall not be extended by the fact that the worker is 60 years of age during the perception of the benefit.

3. In no case shall the reciprocal calculation of contributions for cessation of activity and unemployment contributions be applied.

4. The duration of the protection shall be recognised in months and shall be consumed for months, except where there are situations of discount, reduction or resumption of the benefit in which the consumption of the duration of the benefit, and the contribution to the security Social, it may be carried out for days, considering to those effects that each month is integrated for 30 days. However, if the resumption occurs by the cessation of activity in the autonomous work, the consumption of the duration and the contribution to the Social Security shall be carried out for months.

5. The periods of duration of the benefit referred to in the first provision of Law 32/2010 of 5 August 2010 shall apply in those cases where the self-employed person is 60 years of age at the time of the caused by the cessation of activity.

6. The reciprocal calculation of contributions for cessation of activity between the Special Regime of Autonomous Workers and the Special Regime of Sea Workers cannot be applied.

Article 13. Amount of economic benefit by cessation of activity.

1. The regulatory basis for the economic benefit by cessation of activity shall be the average of the bases for which it would have been paid during the 12 months following and immediately preceding the legal status of the cessation, taking into account that effect in the month complete where that situation occurs.

2. In order to fix the maximum or minimum amount of the benefit in accordance with Article 9 of Law 32/2010 of 5 August, the following rules shall be taken into account:

(a) The lack of income of the dependent children shall be presumed in the event that they do not carry out work on their own or an employed person or that they do not obtain remuneration equal to or higher than those laid down in the Article 9.2 of Law 32/2010 of 5 August.

(b) Cohabitation shall not be necessary where the worker declares that he has an obligation of food under a convention or a judicial decision, or that he or she sustains the child economically.

(c) The maximum and minimum amount of benefit per cessation of activity shall be changed by the variation in the number of children in charge during the perception of the benefit.

(d) To those groups which, in accordance with the provisions implementing the social security contribution rules, have chosen a minimum basis of contribution lower than the ordinary minimum basis for contributions to the self-employed or self-employed persons, the minimum amount of the cessation of activity provided for in Article 9.2 of Law 32/2010 of 5 August shall not apply to them.

Article 14. Payment of the Social Security contribution during the receipt of the benefit by cessation of activity.

1. Within the protective action of the system of protection by cessation of activity, the payment of the contribution for common contingencies shall include temporary incapacity. The payment of the contribution to the Social Security shall be made for the same periods in which the economic benefit is perceived as a cessation of activity.

2. The basis for the levy during the collection of benefits for the cessation of activity is the basis for the cessation of activity, in accordance with the terms laid down in the first paragraph of Article 9 of Law 32/2010 of 5 December 2010. (a) August, without in any event the contribution base may be less than the amount of the minimum base or single basis of contribution in force in the corresponding scheme and in accordance with the specific circumstances in the beneficiary.

Those collectives which, during the course of the activity, are on a reduced basis, in line with the provisions of Article 13.2.d), will be listed on a reduced basis, during the period of receipt of the benefit, activity.

3. Where gender-based violence is a determining factor in the temporary or final cessation of the activity of the self-employed worker and the duration of the protection by cessation of activity exceeds six months, the managing body or body shall initiate the Social security as from the seventh month, without prejudice to the fact that the first six will be considered as an effective contribution for the purposes of social security benefits, as provided for in Article 21 (5) of the Organic Law 1/2004, 28 of December, of Comprehensive Protection Measures against Gender Violence.

Article 15. Suspension and resumption of the right to protection.

1. The right to protection by cessation of activity shall be suspended and resumed in accordance with Article 10 of Law 32/2010 of 5 August, and in accordance with the following rules:

(a) In cases where the suspension of the right to the provision of a cessation of activity is caused by the performance of an employed person, the worker must have involuntarily ceased at work for the benefit of the resumption of the benefit.

For the purposes of suspension or termination of the right to protection of the cessation of activity, any activity, which generates or may generate remuneration or economic income, shall be considered to be employed or self-employed, incompatible with this protection.

(b) Under the provisions of Article 11.1.f) of Law 32/2010, 5 August, the right to protection by cessation of activity shall be suspended in the cases of transfer of residence abroad where the beneficiary declare that it is for the purpose of seeking or carrying out work, or professional improvement, or international cooperation, for a continuous period of less than 12 months, without prejudice to the application of the provisions on the export of benefits in the rules of the European Union. In another case, the transfer of residence abroad in breach of any of the above requirements will result in the termination of the right.

It will also suspend the right to the occasional overseas departure for a period of not more than 30 calendar days for one time each year, provided that such departure is previously communicated and authorized by the managing body.

In another case, the occasional departure from abroad in breach of the above requirements will result in the extinction of the right.

2. Where the right to protection by cessation of activity has been suspended for any reason, the provision and contribution to social security may be resumed whenever it is requested within 15 working days of the date of the completion of that cause:

(a) If the suspension of the duty was caused by the self-employment, the worker must prove that the cessation of the work constitutes a legal status of cessation of activity. In that case, the right to resume the benefit and to the contribution to the Social Security shall be born from the first day of the month following that of the cessation of activity.

(b) If the suspension of the right occurred for any other cause, the worker must declare that he has terminated the cause of suspension and provide the supporting documentation required by the managing body. In this case, the right to the resumption of the benefit and the contribution to the Social Security shall be born from the day following the end of the cause of suspension.

3. Where the request for resumption is submitted outside the period referred to above, the right to resume the provision and the contribution to the Social Security shall be born from the day on which the application is lodged, at a discount from the period of measure between the day on which the application period ended and the day on which the application was submitted.

4. The resumption shall be the right to receive the benefit by cessation of activity which is reduced by the amount recognised at the time of the right of birth, and by the contribution to social security by the relevant regulatory basis for the birth of the right.

5. In cases of suspension by sanction, the resumption shall not proceed when that sanction has resulted in the reduction and loss of the period of perception until the exhaustion of the duration of the right.

Article 16. Option and reopening of the right to protection by cessation of activity.

1. Where the right to protection by cessation of activity is extinguished by the completion of an own-account job and the self-employed person chooses once again in a new situation of cessation of activity to reopen the initial right, in the terms of Article 11.2 of Law 32/2010, of 5 August, the following rules shall apply:

(a) Quotations which generated the protection by cessation of activity for which it would not have been chosen may not be counted for the recognition of a right to such protection.

(b) Reopening shall mean the right to receive the initial provision for cessation of activity, for the amount recognised at the time of the birth of the right, as well as the contribution to social security by the base Regulation concerning the birth of the initial right.

(c) The right to the reopening of the benefit and to the contribution to the Social Security shall be born from the first day of the month following that of the cessation of activity.

2. In the case of the exercise of the right of choice of Article 11.2 of Law 32/2010 of 5 August 2010, the self-employed person within the 15 working days following the notification of the decision of the administrative body approving the protection (a) by the end of the activity generated by the last self-employed work, it may be expressly written to the managing body for the protection of the previous activity. In another case the option for the last recognised cessation of activity shall be considered to be exercised.

However, the worker may expressly opt in writing to the managing body at the time of the application, in which case the right of choice shall be directly recognised.

3. The option made expressly or in the course of the period shall be irrevocable.

Article 17. Cessation of activity, temporary incapacity, maternity and paternity.

1. In the cases of Article 13 (1) of Law 32/2010 of 5 August 2010, the fact that the protection by cessation of activity is caused by the fact that the self-employed worker is in a situation of temporary incapacity, the contribution paid by the the management body shall be carried out exclusively from the date on which the payment of the benefit is initiated by cessation of activity and by the period of the cessation of activity until its termination. In such cases, and in accordance with Article 17 (1) (c) of the same Law, the self-employed worker shall have the obligation to communicate and to accredit the situation of cessation of activity to the managing body which pays for the temporary incapacity within 15 days of the cessation of activity.

The application for the protection by cessation of activity must be made after the temporary incapacity is extinguished, crediting the legal situation of cessation of activity to the entity or organ of that protection in the 15 working days following the extinction day of the Incapacity.

2. In the case provided for in Article 13 (2) of Law 32/2010 of 5 August 2010, the fact that the protection by cessation of activity is caused occurs when the self-employed worker is in a maternity or paternity situation, (a) the term of the maternity or paternity benefit may be requested within the following 15 working days of the protection by cessation of activity and provided that the required requirements are met, the right to be born on the day following that of the termination of the the provision of maternity or paternity.

3. Where the beneficiary is receiving protection for cessation of activity and is subject to maternity or paternity leave, the benefit and contribution to social security shall be interrupted and shall be subject to the receipt of such managed benefits. directly by its managing body. After the termination of the maternity or paternity benefit, the managing body shall inform the managing body of the protection by a cessation of activity which shall, of its own motion, resume such protection for the duration, amount and contribution to the Social security pending at the time of suspension.

CHAPTER III

Financial system and management of the cessation of activity protection system

Article 18. Financing of protection by cessation of activity.

The protection by cessation of activity will be financed exclusively from the contribution of the self-employed workers who have protected the coverage for accidents of work and diseases. professionals.

Article 19. Financial regime.

1. Pursuant to Article 15.1 of Law 32/2010, of 5 August, once the amount entered in the concept of a cessation of activity by the General Social Security Treasury is known for each month, Self-employed workers shall proceed without further processing to the allocation of that amount between the managing bodies of that protection system, on the basis of the rules laid down in the following paragraphs of this Article.

2. The General Treasury of Social Security, of the monthly amount actually entered by the contribution to the cessation of activity of the self-employed worker, shall deduct 1% of that amount in respect of the financing of the training, career guidance and promotion of entrepreneurial activity as referred to in Article 14 (4) of Law 32/2010 of 5 August. Once that amount has been discounted, the same will be transferred to the State Employment Public Service so that, by the latter, the financing will be distributed among the different Public Employment Services of the Autonomous Communities. in the case of Autonomous Communities with a common financing regime, as in the case of Autonomous Communities with a foral regime, as well as the Social Institute of the Navy, based on the provisions of Article 14 (4) of Law 32/2010, 5 of August.

The appropriations with which these measures will be financed will not have the character of national employment funds, as referred to in Article 14 of Law 56/2003, of 16 December, of Employment, so it will not be applicable. Article 86.2 of Law 47/2003 of 26 November, General Budget, on the annual territorialisation for its management by the Autonomous Communities.

3. Once the discount provided for in the previous paragraph has been applied, the General Social Security Treasury will pay the rest of the amount paid by the self-employed worker's cessation of activity to the managing bodies of the the system of protection by cessation of the activities referred to in Article 3 (a) and (b) of Law 32/2010 of 5 August.

Article 20. Payment of the benefit and contribution to Social Security.

1. The administrative bodies responsible for the economic performance by the end of the activity, for the payment of the same, shall draw up monthly a list of recipients, including, inter alia, the identification of the beneficiaries, the total amount, the holds and the amount of liquid to satisfy each of them. Once the payroll has been approved by each competent management body, it shall be paid, subject to the existence of financing in accordance with Article 22.

The payment of the benefit by cessation of activity shall be made by monthly payments of thirty days, or for the days corresponding to the month, in any case within the immediate month following which the accrual is due.

If the managing body is the State Employment Public Service or the Social Institute of the Navy, the payment of the benefit shall be carried out, preferably, by the credit in the account of the financial institution contributing to the network payment of the General Treasury of the Social Security indicated by the applicant, of which he is a holder.

The right to the receipt of each monthly allowance for the cessation of activity expires in the year of its respective maturity.

2. The General Treasury of Social Security shall, on a monthly basis, inform the bodies managing the economic performance of the total cessation of the activity, of the amount of the contribution to the Social Security which, in respect of the beneficiaries of the provision, they must satisfy those managing bodies.

The income of the quotas referred to in the previous paragraph by the managing bodies shall be made by compensation by the General Treasury of the Social Security through the account of the relationship, and in the same collection in That compensation shall be transferred to the Mutual Insurance and Labour Accidents and Occupational Diseases Mutual Fund (s) of the gross amount relating to the temporary incapacity for common contingencies which corresponds to it.

However, the General Treasury of Social Security shall proceed to the effective income of the amounts referred to in Article 19.2 where it is required to be motivated by the State Employment Public Service, provided that a body lacking sufficient liquidity to make cash the funds set out in Article 24.

Article 21. Reserves and surpluses.

1. For each completed financial year, the Mutual Labour and Occupational Safety Accident Mutuals shall determine, irrespective of the other contingencies they manage, the economic result obtained as a result of the the management of the system of protection by cessation of activity.

This result shall be determined by the difference between revenue and expenditure related to that protection system, on the basis of the analytical accounting rules to be determined by the General Social Security Intervention.

2. The positive result obtained from such management shall be for the sole purpose of establishing the following reserves:

(a) Stabilization reserves for cessation of activity in the Mutual Work and Occupational Health Accident Mutuals. Each Member State shall allocate at least 80% of the positive result obtained in each financial year closed, and shall aim at ensuring the financial viability of the management of the budget. protection by cessation of activity of the self-employed worker. Each Mutual shall, in the same manner and conditions established for the reservation by professional contingencies, materialize such reservation.

b) Reserve for cessation of activity in the General Treasury of Social Security. The Mutual Working Accident and Occupational Diseases of Social Security shall allocate to the endowment of this reserve the percentage that each year establishes the Ministry of Labour and Immigration in the order of annual contribution, of the result (a) positive results obtained in each financial year closed, and in no case such a percentage could be higher than 20% of the said result. The purpose of this reservation is to ensure the financial sufficiency of the system of protection for the cessation of self-employment.

Article 22. Financial viability of the system of protection by cessation of activity.

In the event that at some point in a financial year the circumstance that some of the performance authorities referred to in Article 3 (1) (a) and (b) of Law 32/2010, 5 of 5 of the August, without funding to cover the amount of funding, the following rules will be used:

(a) In the case of a Mutua, it shall first apply its own reserve for cessation of activity to finance the system of protection by cessation.

(b) In the event that the Mutual Fund does not have a reserve for a cessation of activity or that it has applied the same, it will not be enough for the Mutual Mutual Fund to ask the Treasury to give due reasons. General of Social Security, the release of funds from the Reserve for the cessation of activity in that entity, of the financing necessary to meet the economic obligations arising from this system of protection. In this sense, those who want to have recourse to this reservation will inform the General Treasury of Social Security before the end of September of each year. The General Treasury of Social Security, once it has knowledge of such requests and after authorization from the Ministry of Labor and Immigration, will proceed to free, in its case proportionally to the total requested, the funds to the corresponding to the different Mutuals.

(c) Mutuals who make use of the Social Security General Treasury reserve shall not apply the provisions of Article 21 until they have reintegrated, with a charge of 80% of the positive result obtained by the amounts of such a reservation.

(d) In the case of the State Employment Public Service, the remaining cash-flow shall be applied to the coverage of the expenditure financed by the contribution of the cessation of activity, in accordance with the appropriate budgetary modification.

e) In the determination of the type of contribution corresponding to the protection by cessation of activity referred to in Article 14.3 of Law 32/2010, of 5 August, it shall be taken into account, in addition to the forecast of income for the financial year for which the rate is fixed, the possible deviation between the expected revenue and the revenue up to that date.

CHAPTER IV

Training measures, career guidance and promotion of entrepreneurial activity

Article 23. Management bodies of training measures, career guidance, and promotion of entrepreneurial activity.

The design, development and management of training measures, career guidance, and promotion of entrepreneurial activity will be the responsibility of the Public Employment Services of the Autonomous Communities or the Public Service of State employment in respect of self-employed persons who have ceased to be employed in the employment offices of their territorial scope.

Article 24. Booklets to the Autonomous Communities.

1. The distribution of funds to be made to the Public Employment Services of the Autonomous Communities, as bodies managing the training measures, vocational guidance and promotion of the entrepreneurial activity to which the Article 23 of this royal decree, will be carried out through two annual accounts: the first, 70 percent of the estimated amount for each financial year, in March, and, the second, the remaining 30 percent of the annual estimate, in the month of October. However, the State Employment Public Service will not proceed to carry out the second of the aforementioned booklets until the Autonomous Communities do not justify the execution of 50 percent of the funds initially paid.

2. The estimate of the amount for each Autonomous Community shall be made in proportion to the number of beneficiaries to be managed in the respective territorial scope, as provided for in Article 14.4 of Law 32/2010 of 5 August. The application for the clearance of the bookings shall be made by the person responsible for the autonomic management by writing, addressed to the State Employment Public Service, specifying the amount of funds.

The calculation of the beneficiaries to be managed by each Public Employment Service shall be determined in proportion to the beneficiaries of the cessation of activity in each territory in the exercise immediately prior to the first of the aforementioned bookings. However, in the first financial year in which the aforementioned bookings are carried out, the number of contributors to this contingency shall be taken into account from the entry into force of Law 32/2010 of 5 August, to 31 December of 2010, as there are no beneficiaries of the cessation of activity in the immediately preceding financial year.

The State Employment Service, in the month of February of each financial year, shall communicate to the Public Employment Services the amount of the funds corresponding to each, including, where appropriate, the amounts that correspond to regularisation, in accordance with the following paragraph, as well as the number of beneficiaries in each territory in the preceding financial year. To this end, the necessary mechanisms for the exchange of information between the State Employment Public Service and the General Treasury of Social Security will be enabled.

3. The differences between the amounts paid in each financial year in proportion to the beneficiaries initially envisaged, existing in each territory in the preceding financial year, and the beneficiaries that have actually existed in each territory shall be the purpose of regularisation in the books to be carried out for each Autonomous Community in the following financial year.

4. The amount of the bookings is conditional on the availability of the credit authorised in the state of expenditure of the State Employment Public Service budget allocated for its financing.

Article 25. Justification and documentation to be submitted by the Autonomous Communities to the State Employment Public Service.

1. After the end of the financial year, and before 31 March of the following year, the Autonomous Communities shall send the State Employment Service a comprehensive statement of the appropriations allocated, in the understanding of the booklets carried out in the previous financial year, the commitments on expenditure incurred, the obligations recognised and the payments made by the training measures, the vocational guidance, and the promotion of the entrepreneurial activity managed, as well as the the reintegration of the measures financed from the previous financial years which would have been carried out. This documentation shall be signed by the person responsible for the management of the measures, to which the Controller of the Autonomous Community who has performed the audit function shall give his agreement.

2. In addition to the documentation referred to in the previous paragraph, the Autonomous Communities shall forward to the State Employment Public Service information on the measures applied, the workers who are beneficiaries of the measures, and the implementation carried out, with the the breakdown and by the means and within the time limits to be determined in the relevant funding resolution, which shall in any event take account of the provisions of paragraph 1 of the previous Article.

3. The State Employment Public Service shall not proceed to the book requested by the respective Autonomous Community until any of the following requirements are met:

(a) The Autonomous Communities have justified the execution of the funds provided in the preceding year in the terms set out in this Article.

(b) The Autonomous Communities have justified the drawback of uncommitted remnants or expenses committed in previous years which have not finally resulted in obligations recognised in the terms of the exposed in the following article.

Article 26. Remnants.

1. Uncommitted remnants of the booklets made effective in the previous financial year shall be returned by the Autonomous Communities to the State Employment Public Service before 31 March of the year immediately thereafter. This refund, which will be provided by the corresponding income in the official account of the State Employment Public Service located in the Banco de España, will be accredited by means of certification by the person responsible for the management of the grants and the controller/acting who has audited the expenditure and, failing that, the person responsible who has the responsibility for budgetary control or accounting, as referred to in Article 24 of this royal decree, in which the the amount of the bookings, the expenditure committed and the remaining uncommitted, as annexed the effect is incorporated in the decision to grant the General Directorate of the State Employment Service, for which the bookkeeping is effective.

In addition, they must, by the same procedure described in the preceding paragraph, give effect to the return of the amounts obtained as reintegrating by the respective Autonomous Community, when they relate to measures financed by the funds described in Article 24 of this royal decree.

2. The amount of expenditure committed in an exercise which would not have been the subject of an effective payment in the following financial year shall be referred back to the State Employment Service for the same procedure referred to in the preceding paragraph and prior to 31 March of the financial year immediately following which the cash payment was due to be made. The State Employment Public Service shall include an annex in the granting decision referred to above for the purpose of verifying compliance with this obligation by the Autonomous Communities.

3. If the form and time limits mentioned in the preceding paragraphs are not returned, the State Employment Public Service shall initiate the corresponding refund procedure subject to the requirements laid down in Law 38/2003, 17 November, General of Grants, and in the regulation for its development approved by the royal decree 887/2006, of July 21.

Article 27. Collaboration between the managing bodies and with other entities.

1. The management bodies responsible for the protection by cessation of activity and the corresponding Public Employment Services shall cooperate and cooperate, in the exercise of their respective powers, for the implementation of the specific training measures, career guidance, and promotion of entrepreneurial activity as provided for in Law 32/2010 of 5 August.

The competent Public Employment Services shall apply to the beneficiaries of the cessation of activity the specific actions referred to in Article 3.2 of Law 32/2010 of 5 August and shall verify the compliance with the obligations laid down for those beneficiaries in Article 17 (1) (g) and (h) of Law 32/2010, of 5 August, and must communicate the breaches of those obligations to the bodies managing the protection of the corresponding activity, at the time they are produced or known. For these purposes, the Public Employment Services may at any time require the appearance of the beneficiaries of the cessation of activity.

2. For the purposes of the management of the benefits referred to in the preceding paragraph, the Mutual Working Party and the Occupational Diseases of Social Security shall report to the State Employment Service on a monthly basis. they have given the self-employed person the benefits referred to in Article 3 (1) (a) and (b) of Law 32/2010 of 5 August. Such communication shall be carried out in the form and with the content determined by the State Employment Public Service, which shall transfer the State Employment Service, together with the information derived from the management carried out by the Public Employment Service State, to the respective Public Autonomous Employment Services.

Article 28. Bodies managing the protection by cessation of activity.

1. The processing of the protection by cessation of activity shall correspond to the Mutual of Occupational Accidents and Occupational Diseases of the Social Security with which the worker has concerted the coverage of the protection by cessation of activity in the moment of the cessation or in its case to the Public Service of State Employment or the Social Institute of the Navy, if at that moment it has covers the contingencies of accidents of work and occupational diseases respectively, with the National Institute of Social Security, or the Social Institute of the Navy.

2. The processing of the suspension, the resumption or the reopening and the extinction of the right corresponds to the same managing body that recognized the right.

CHAPTER V

Obligations, Violations, and Sanctions Regime

Article 29. Obligation to comply with the commitment of activity and registration in the Public Employment Services.

The self-employed persons benefiting from the protection by cessation of activity must comply with the requirements of the undertaking of activity, in the terms referred to in Article 2.1.e), in order to fulfil the obligations (a) specific provisions laid down in Article 17 (1) (g) and (h) of Law 32/2010 of 5 August.

For these purposes, the beneficiaries must be available to the corresponding Public Employment Service, for which they must register and remain registered in the same during the period of receipt of the benefit by cessation of activity. Such registration shall be carried out in accordance with Article 11 (5). The registration shall be collected in the framework of the Public Employment Services Information System provided for in Article 7a of Law 56/2003 of 16 December 2003.

Article 30. Violations.

In the matter of violations and sanctions, the provisions of Law 32/2010 of 5 August and the Recast Text of the Law on Violations and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000, of 4 of August.

In any case, as set out in Articles 24.3 and 25.4 of the recast of the Law on infringements and penalties in the social order, it shall relate to the specific requirements and obligations laid down in Articles 4 (c) and 17.1.g) and h), of Law 32/2010, of 5 August.

Article 31. Refund of benefits unduly received.

1. In accordance with the provisions of the fifth additional provision of Law 32/2010 of 5 August 2010 on the recovery of the benefits unduly paid, the management body is entitled to declare the benefit, in the Assumptions:

(a) When the provisions of Article 17.1.h) of Law 32/2010 are not complied with, 5 August.

(b) When the right to the provision for cessation of activity is revoked.

(c) In cases where the benefits have been unduly perceived as a result of material or factual errors and the arithmetic, as well as the finding of omissions or inaccuracies in the statements of the payee.

d) In the other cases where any situation that generates undue recovery occurs.

2. The managing body shall communicate to the General Treasury of Social Security the decision declaring the benefit unduly, the procedure provided for in Article 80 of Royal Decree 1415/2004 of 11 June for the reimbursement of the improperly received benefits.

3. In cases where the management of the cessation of activity corresponds to the Public Service of State Employment or the Social Institute of the Navy, in relation to the requirement for reimbursement of the undue benefits, the following form shall be taken:

(a) Where the provision for cessation of activity is undue as a result of the review of the previously recognised right, or for other reasons, and the debtor is simultaneously a creditor of the cessation of activity, The Court of First Instance, in its judgment in Case C-34/1996, is to apply the provisions of Articles 2 and 5 of Royal Decree 148/1996 of 5 February 1996 on the special procedure for the reimbursement of paid social security benefits, in so far as it does not object to the indicated on the compensation or discount of the following debt:

The managing body may, in order to recover from the amounts unduly received, be able to make the corresponding compensation or discounts on the same benefit as a cessation of activity or on the provision of a cessation of activity after all the amount of the debt in respect of the entire amount of those benefits.

(b) In cases where the above special compensation or discount procedure cannot be applied, or if it is not possible to cancel the debt, the provisions of Article 80 of Royal Decree 1415/2004, of June 11, for which the General Regulation on the Collection of Social Security is adopted.

Article 32. Application to budgets.

The amounts entered from revenue refunds shall be charged to the current expenditure budget in the financial year in which they are reintegrated, as a minorite of the obligations satisfied in any case.

Additional disposition first. Additional documentation.

Without prejudice to the documentation contained in this royal decree, the applicant for the protection by cessation of activity may accompany his application with any document he deems appropriate to prove the concurrency of the legal status of cessation of activity to the relevant managing body.

Additional provision second. Development of sanctioning competition.

In development to the provisions of Article 48.4 bis of the Recast Text of the Law on Infringements and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000, of 4 August, in the wording given by the provision (a) the second part of Law 32/2010 of 5 August 2010, the imposition of penalties for infringements of self-employed or self-employed workers, in cases where the same affects the provision by the Member State of the service in the course of the activity corresponds to a Mutual of Occupational Accidents and Occupational Diseases of Social Security, shall be the responsibility of the Government Delegation if the Autonomous Community is one-provincial or the Government Subdelegation in the province as a territorial organ of the General Administration of the State. Sanctioning resolutions shall be subject to the Minister of Labour and Immigration.

Additional provision third. Amendment of the General Regulation on procedures for the imposition of penalties for infringements in the social order for the settlement of Social Security quotas, approved by Royal Decree 928/1998 of 14 May.

The General Rules on Procedures for the imposition of penalties for violations in the social order for the settlement of Social Security quotas, approved by Royal Decree 928/1998 of 14 May, is amended as follows:

One. The title of Chapter VII is worded as follows:

" Procedure for the imposition of penalties for infringements of the applicants or beneficiaries of benefits of the Social Security System and of self-employed applicants or beneficiaries of the benefit by cessation of activity. "

Two. A new Article 38a is added with the following wording:

" Article 38a. Procedure for the imposition of penalties on self-employed workers who are applicants or beneficiaries of the cessation of activity.

1. The procedure for imposing penalties on self-employed workers who are applicants or beneficiaries of the cessation of activity shall be initiated by the act of infringement of the Labour and Social Security Inspectorate.

2. The content of the minutes, as well as the processing and resolution of the sanctioning procedure, shall be in accordance with the provisions of Chapter III of this Regulation for sanctioning procedures initiated in the field of the General Administration of the State, without prejudice to the particularities provided for in this Article.

3. Having instructed the file, the Head of the Social Security Unit of the Labour and Social Security Inspectorate will raise it with the motion for a resolution to the body responsible for issuing the resolution. In the event that the management of the provision corresponds to a Mutual of Occupational Accidents and Occupational Diseases, the proposal for a resolution shall be communicated to it for its knowledge.

4. In the case of very serious infringements, the Chief of the Special Unit shall, where appropriate, refer to the proposal for a precautionary suspension of the benefit of the benefit, on which the competent body shall decide. The suspension agreement shall entail the interruption of the payment of the economic benefit and the contribution to social security.

In the case where the management of the benefit by cessation of activity corresponds to a Mutual of Occupational Accidents and Occupational Diseases of Social Security, the body competent to resolve, will transmit a copy of the the precautionary suspension agreement to the managing body to make it effective, suspension which shall be maintained until the final decision of the sanctioning procedure.

5. Decisions on sanctioning procedures shall be subject to appeal to the Minister for Labour and Immigration. Those resolutions shall also be communicated to the Head of the Social Security Unit of the Labour and Social Security Inspectorate, in which the relevant sanctioning procedure has been initiated.

6. Where the management of the benefit corresponds to a Mutual of Occupational Accidents and Occupational Diseases of Social Security, the body responsible for resolving the matter shall communicate the decision to the management body. "

Additional provision fourth. Single payment of the benefit by cessation of activity.

In application of the provisions of the 14th additional provision of Law 32/2010, of 5 August, the following rules shall apply to the 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 who are not entitled to receive a period of at least six months, may receive at one time the current value of the amount of the benefit when they are accredited to the body. a manager who is going to engage in a professional activity as self-employed workers or as working partners 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.

3. In the case of persons who wish to join as partners to worker cooperatives or working societies, they must be certified to have applied for their income in the same and conditions in which they will be produced. 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.

4. 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.

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 working society, or to the date of incorporation of the cooperative or labor society, or the start of the activity as a self-employed worker, considering that such a start coincides with the date that as such figure in the worker's application for high social security.

5. After receipt of the benefit at the 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.

6. 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, or the investment necessary to develop the activity in the case of self-employed persons, including tax burdens for the start of the activity.

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.

7. 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 obtained for its total amount, the remaining amount can be obtained in accordance with the following rule 2.

In addition, the benefit beneficiary may choose to obtain all outstanding benefit due to what is set out in the following rule 2.

Second.-The managing body may pay monthly the amount of the benefit for the cessation of activity in order to subsidize 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 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.

8. The perception of the benefit in a single payment shall be compatible with other aid which may be obtained for the promotion of self-employment or for the establishment or integration of cooperatives or labour companies.

9. 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 provided for in Article 31 of this royal decree. For these purposes, unless proof to the contrary, it is understood that there has not been an effect when the worker has not, within one month, accredited the extremes referred to in paragraph 5 of this additional provision.

Additional provision fifth. Agricultural own-account workers.

1. The provisions of this royal decree will apply to workers included in the Special System for Agricultural Own-Account Workers, who meet the requirements laid down in Article 4 of Law 32/2010 of 5 August, with the specialties provided for in this provision.

2. All workers who permanently cease to work in any of the following situations shall be in a legal position to cease activity:

(a) Losses arising from the exercise of their activity in accordance with the terms of Article 5.1.a) .1. of Law 32/2010 of 5 August.

b) By judicial or administrative executions for the collection of debts for the amount provided for in Article 5.1.a) .2. of Law 32/2010, of 5 August

c) By judicial declaration of contest.

(d) By death, retirement or permanent incapacity of the business owner in which the agricultural own account worker comes carrying out family support functions.

e) By force majeure.

f) For loss of administrative license.

g) For the gender-based violence that determines the cessation of worker activity.

h) By divorce or marriage separation in the case that the farm own account worker exercised family aid functions in the business of his or her former spouse.

3. It is considered to be a legal status of cessation of activity where workers cease temporarily in the exercise of their activity, exclusively in the following cases:

(a) When a change of cultivation or livestock activity occurs due to force majeure, during the period necessary for the development of the normal cycle of evolution of the new crop or livestock.

(b) Where, due to force majeure, damage occurs in agricultural holdings or livestock farms, during the time necessary for the recovery of the holdings.

c) During the period of eradication of diseases on livestock farms.

(d) For gender-based violence determining the temporary cessation of the activity of the farm worker.

4. The loss of the status of community of the communities of property or of a partner of a company of any kind, included in the Special System for the own account of agricultural workers, shall only be eligible for the benefit when it is credited. that the cessation of the activity is due to the economic losses set out in Article 5 (1) (a) of Law 32/2010.

5. Workers included in the Special System for agricultural own-account workers who have an obligation to list in accordance with Law 32/2010 shall initiate the levy on 1 January 2012.

Additional provision sixth. Subjective scope of protection by cessation of activity.

Those ship owners who, regardless of their status as businessmen of that vessel, provide service on board the same as the rest of the crew, wound up in the same as a crew member and perceiving a part of Mount Menor, if the remuneration is to the party, or a salary, as the rest of the crew, will be included within the protection by cessation of activity.

Additional provision seventh. Justification and documentation to be submitted by the Autonomous Communities without an audit body.

In the cases of Article 25 of this Royal Decree, I decree that the management of the Autonomous Community takes effect without the concurrence of the audit body (Interventor) for not having the same according to its own organisation and powers in the field of budgetary, accounting and financial implementation, the conformity shall be given by the person responsible who has the responsibility for budgetary or accounting control, with a record of that fact by means of the express review of the provision of regulations which will protect it, with reference to its publication in the official journal of the Autonomous Community.

Single transient arrangement. Administrative costs incurred by the Mutuals.

Mutual funds may be charged as administrative costs for those which are necessary for the implementation and development of the system for the management of the provision for the cessation of the activity of self-employed persons, such as the arising from the operation of new software, the development and training of their human resources and, where appropriate, the verification and monitoring of protected situations, without prejudice to the application of such programmes. approval of the analytical accounting rules to be established by means of corresponding Resolution of the General Intervention of Social Security, foreseen in this royal decree.

Final disposition first. Competence title.

This royal decree is issued under the exclusive competence of the economic regime of social security, attributed to the state by Article 149.1.17. of the Constitution.

Final disposition second. Execution and development.

The head of the Ministry of Labor and Immigration is empowered to dictate how many provisions are necessary for the development of this royal decree.

The Directorate-General for Social Security and the Directorate-General of the State Employment Public Service, in the field of its financial and management powers, is also empowered to dictate how many resolutions are precise for the development of this royal decree, including information documentation on the obligations of the self-employed person in cases who have employed persons in charge of him and seek protection by the end of the activity.

Final disposition third. Entry into force.

This royal decree shall enter into force on the day following that of its publication in the "Official Gazette of the State", with effect from 1 November, except as provided for in Article 19, which will take effect from 1 January 2011 and the the fifth additional provision which shall enter into force on 1 January 2012.

Given in Madrid, on October 31, 2011.

JOHN CARLOS R.

The Minister of Labor and Immigration,

VALERIAN GOMEZ SANCHEZ