Article written by
Cyrielle Agut
Employment lawyer
Cyrielle Agut is a labour lawyer registered with the Barcelona Bar Association (ICAB), specialising in advising French-speaking companies and individuals operating in Spain. Her practice covers dismissals, collective disputes, equality plans and labour due diligence in investment and M&A transactions. She is listed among recognised attorneys by the French Consulate General in Barcelona.
The extraordinary cessation-of-activity benefit for workers, including self-employed workers (autónomos), may be claimed if:
- the activity carried out has been expressly suspended (see details at this link), or
- it is possible to demonstrate a reduction of 75% or more in turnover compared to the average turnover for the previous six-month period.
The amount of this benefit is equal to 70% of the so-called monthly "regulatory base", which is calculated based on the Social Security contributions paid each month.
For example, if you contribute at the minimum rate of €945 per month, the benefit amount will be €661.
This benefit must be applied for through your contracted Occupational Accident Mutual Insurance Body (Mutua de Accidentes de Trabajo), using the form provided by that body, and submitting a set of supporting documents, which include:
- Certificate of being up to date with Social Security contributions.
- Completed and signed Form 145.
- Income and sales records for 2019 and 2020.
- Form 130 for quarters 1, 2, 3 and 4, if filed in 2019.
Many mutual insurance bodies are accepting applications from company-based self-employed workers (autónomos societarios), in addition to those with purely professional activity. However, as of 14/04/20, we are still awaiting decisions to confirm whether these applications have been approved.
What is clear is that if your company's activity has been suspended on grounds of force majeure, this provides an additional basis for pursuing the application.
The cases that appear to be rejected almost automatically by the mutual insurance bodies are those of self-employed workers who were already receiving another benefit prior to this claim.
If you would like our assistance with this process, please contact me by email via the image below.
