Unemployment compatibility: How to collect Spanish unemployment benefits and be self-employed?

Unemployment compatibility How to collect Spanish unemployment benefits and be self-employed
Unemployment is a right that all workers with more than 360 days of contributions have, in some cases, it is possible to access a subsidy having between 3 or 6 months of contributions. However, can a self-employed person collect Spanish unemployment benefits? Here we answer this and other questions.

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The first income of a self-employed person may be less than the unemployment benefit received. In cases like these, unemployment benefits serve to ensure a minimum income for the self-employed.

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Is it possible to be self-employed and receive Spanish unemployment benefits at the same time?

The answer is Yes, you can combine unemployment and self-employed. However, there are other possibilities that Social Security offers when a situation of this type arises.

Registering as self-employed and continuing to receive Spanish unemployment benefits is an option that has been allowed to be used since its implementation in 2015. This represents an evolution for the self-employed, since previously if you were registered as self-employed, you would not be able to collect unemployment benefits. This change is evident in Royal Decree 4/2013 and Law 31/2015 where this circumstance was modified and since its entry into force, an unemployed person can start their activity as a self-employed person without receiving the benefit. The objective of this standard is to promote self-employment in these periods of crisis.

How to combine the unemployment benefit and being self-employed?

Social Security offers three options to self-employed people who wish to manage their unemployment, here we present them:

Request a single payment of the entire benefit to which you are entitled

Unemployment capitalization is a very viable option for self-employed people who need to raise more capital and make investments in their businesses. These people receive 100% of the amount of the benefit, collecting everything in a single payment.

On the other hand, the conditions for capitalizing on Spanish unemployment benefits are as follows:

  • To have at least three monthly payments of the benefit pending. This means that it is not only an option to be taken directly after your dismissal, but you can start the monthly collection and later request the capitalization of unemployment.
  • Not having requested unemployment benefit capitalization in the last 4 years
  • Be justified by the start of activity as a self-employed worker or labour company.

Make the monthly benefit payment compatible with self-employment registration

The maximum period in which Spanish unemployment benefits will be received while you are registered as self-employed is 270 days. This means that unemployment can be collected for the first 9 months as a self-employed person.

Regarding the way to receive the Spanish unemployment benefits, you must communicate the compatibilization 15 days after the start date of the activity as a self-employed person. In the event that the self-employed applicant cancels before completing the 9 months in which unemployment benefits will be collected, they will be able to continue collecting the benefit under the following conditions :

  1. No work as an employee can be performed. In this case, the Spanish unemployment benefits are lost.
  2. It is not necessary for the self-employed person to comply with the obligations of the job seeker while the compatibility is in force.
  3. Not having exercised the compatibility of self-employment and unemployment in the previous 2 years.
  4. Not having obtained unemployment benefit capitalization in the previous 2 years.
  5. Those who start their activity as self-employed provide services to the same employer immediately after dismissal.
  6. Not be a partner of a commercial company.

Suspend Spanish unemployment benefits

To request the suspension of unemployment benefits, it must be done before registering as self-employed and you must go to the employment office and communicate your request for suspension of benefits and subsequently register in the Self-Employed Workers Regime.

After making this request, you must register with the Tax Agency as a self-employed person with Social Security. It should be added that these procedures can be carried out telematically or you can hire an agency such as Entre Trámites to provide full support during the process.

On the other hand, if you resume Spanish unemployment benefits, you can request it 15 days after losing your self-employment status. It is important to mention that you can apply this process if you have been self-employed for less than 60 months.

Where to request the compatibility of unemployment and self-employment?

Initially, the steps described above must be carried out online by submitting the following documents:

  • Application for compatibilization
  • Application for resumption
  • Forms 036 and 037 for registration with the Tax Agency
  • Registration in self-employment of the Social Security

Do you need more information about Spanish unemployment benefits?

At Entre Trámites we offer various services of management, advice, and support in bureaucratic procedures for self-employed, SMEs, and other types of companies. Contact us! Through our contact form, you can leave your details for us to call you, schedule a free consultation, or simply text our WhatsApp.

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