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Out-of-work freelancers face benefits blacklist

Only three in ten self-employed Spanish workers manage to successfully claim unemployment benefits when their businesses fold.

Out-of-work freelancers face benefits blacklist
Tomás Burgos, Secretary of State for Social Security, has promised to deal with the problems of self-employed people trying to claim benefits. Photo: ppcv/Flickr

Of the 3,134 applications for unemployment benefits made by formerly self-employed people in the first quarter of 2013, only 853 were accepted, Spanish financial daily La Expansion reported on Tuesday.

Under Spanish law, self-employed people, or so-called autónomos, pay a flat rate of some €250 a month. They can then elect to make extra voluntary payments that entitle them to unemployed benefits if they lose their job.

These payments can be claimed after a year of self-employment, and the coverage can last up to 12 months.

But insurance agencies who work with Spain's Social Security agency turned down 1,381 applications from autónomos from January though March.

Another 830 applications, meanwhile, are still under review.

The majority of refusals arose because of people's "failure to correctly justify" either their loss of income, or to explain why they were giving up their line of work.

Once common situation involves self-employed people giving up work because of rises in rental costs at their place at work which make that employment no longer viable.

Non-renewal of rental contracts, meanwhile, is another reason why autónomos try to join the benefit queues.

Neither of the above situations, however, are considered justifiable causes when it comes to signing on for unemployment benefits.

Freelance workers in the "modular" tax scheme who do not have full accounts of their income and work activities can easily fall foul of technicalities.

Since January, freelancers whose income is in excess of €50,000 per year, or whose customer base is mostly private individuals, have been excluded from the modular tax scheme.

Tomás Burgos, the Secretary of State for Social Security, has promised to address the problems generated by the current system of unemployment cover for freelancers.

He told organizations in the sector that he would "more clearly define the documentation that freelance workers need to prove that they have stopped working."

Some 500,000 self-employed workers in Spain currently make payments that they hope will ens.

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Do I have to take most of my annual leave in August in Spain?

Many Spanish companies still expect their workers to take their holidays at specific times of the year, primarily in August, right in the height of summer when many hotels are fully booked. So what are your rights, are you obliged to take your vacation in one particular month?

Do I have to take most of my annual leave in August in Spain?

While it’s your right as an employee to be able to take holiday days, do you have to take them when your company wants you to take them, or are you able to choose and have more flexibility?

Despite August being one of the hottest months in Spain and the one month of the year when many official companies and offices shut up shop, not everyone necessarily wants to take their break at the same time as everyone else.

Taking your holidays in August means less availability in hotels, overcrowding and more expensive transport and accommodation. If you don’t have children who are off from school during the summer months, then you may wish to take your vacation days at another time of the year, when it’s less busy and cheaper.

To answer the question it’s important to know the details about what the law says about how paid time off is taken, requested, imposed, or granted.

What laws or regulations dictate the rules about paid holiday time?

There are three different sets of rules and regulations, which are responsible for regulating the laws on vacation time in Spain. 

Firstly, you need to look at the Spanish Workers’ Statute, which includes rights, duties and obligations applicable to all salaried workers in Spain.

Secondly, you need to be aware of the collective sector and/or company agreements, which may dictate the rules for a particular industry for example.

Thirdly, you need to look at the contract, which you signed with your employer when you started working for them. This sets out your individual circumstances and the rules you must abide by.   

Workers Statute

As a general rule, all employees are subject to the Workers’ Statute. Holidays are part of this and are the subject of article 38. These conditions can never be contradicted by individual companies and are set as a guaranteed minimum. 

The minimum number of holidays in Spain is 30 calendar days per year. This equals two and a half days per month worked, in the case of temporary contracts. The statute states that vacations must be taken between January 1st and December 31st in separate periods, but one of them must be for at least two weeks. They are always paid and cannot be exchanged for financial compensation.

The period when you can take them is set by a common agreement between the employer and the worker, in accordance with what is established in the collective agreements on annual vacation planning. If there is disagreement, the social jurisdiction is resorted to.

At a minimum, the company must offer vacation days at least two months before the beginning of the holiday period, so that the employee has time to organise and book.   

When the planned time to take vacations coincides with a temporary disability, pregnancy, or childbirth, you have the right to enjoy the vacations at another time, even after the calendar year is over.

Collective agreements on vacations  

Your sector’s collective agreements may also help to answer this question. These aim to improve upon the basic and general rights that are included in the Workers’ Statute. They seek to adapt the rules to each type of industry or company. They could, for example, set out extra vacation days, which are greater than the standard 30 calendar days. 

You will need to find out what your specific sector or company’s collective agreement is. There is a possibility that your sector or company has mandatory summer vacations for the month of August and in that case, you can choose vacation dates, but only within this month.

Your work contract 

Lastly, you will need to consult your individual contract which you signed with the company when you were hired.  As well as the minimum conditions set out in the Workers’ Statute, your contract sets out your particular agreement with your employer in terms of holiday duration, the work calendar and other details.

Therefore, you should state in your contract whether you have to take your holidays during August, or if you’re free to take them at other times of the year.

If after consulting these three sets of regulations and there are still in doubt or in disagreement with your company about vacations, such as having to take them during the month of August, you should consult a lawyer specialising in labor law. They should be able to give you an answer specific to your situation.  

Can I appeal or disagree and what are the consequences? 

To appeal or express disagreement with what is proposed by the company, there is a period of 20 business days from when the vacation schedule is sent out, after which time you don’t have the right to show that you disagree.  

Companies can proceed to disciplinary dismissals due to abandonment of the job if you decide to take vacations that have not been granted or agreed upon with your employer. To avoid this type of problem, always make sure you have a record in writing of your request for vacation time and subsequent approval by the company.

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