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Can I have a job contract in Spain and be self-employed at the same time?

The Local Spain
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Can I have a job contract in Spain and be self-employed at the same time?
Can you be both a salaried worker and self employed in Spain? Photo: Ethan Miller / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

Picture this, you work as an employee in Spain, but you want to earn some extra money on the side through one of your own ventures to help pay for the rising costs of living. Are you allowed to have a contract and be self-employed at the same time?

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Let’s take the following scenario, you work for a company in Spain, but you want to make some extra money teaching English after work and at weekends.

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Or perhaps you have a couple of clients, but then you get offered a full-time contract at a different company, can you legally keep working for your original clients as well?

The short answer is yes you can, however, it’s not a case of just deciding to do it, you must register as autónomo (self-employed) as well as being an employee with a contract.

According to article 28 of the Entrepreneur’s Law of 2013, a worker who is both self-employed and salaried must register and contribute to two different systems.  

The first of these is the Special Scheme for Self-Employed Workers and the second is the General Social Security Scheme.

This means that your employer will pay your social security contributions for your contracted job and you must pay extra social security contributions for your self-employed work.

Essentially you will be paying social security twice.  

In order to be legal, you’ll have to sign up to the Régimen Especial de Trabajadores Autónomos (RETA) stating the type of work you intend to carry out.

READ ALSO - Self-employed in Spain: What you should know about being ‘autónomo’

Remember that different types of work/careers are categorised differently in Spain and once you sign up to one, you are only allowed to do freelance jobs that fall within your chosen category. If you want to do more than one type of work on the side, you will need to sign up separately for a second category and it can get complicated.

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Social security fees

If you’re simply trying to make an extra bit of cash on the side to help pay your rent for example, you’ll need to think hard about whether it’s really worth doing this extra work and signing up as autónomo.  

This is because of the high social security fees you’ll have to pay as a self-employed worker, on top of the income tax on your earnings.  

Usually, for autónomos, this starts out at €60 per month (called the tarifa plana) for the first year and then rises over several increments until you’re paying a total of €294 every month (which is the total for 2022). Next year, 2023, these fees will change, but you’ll still end up paying a considerable amount.  

READ ALSO: Will you pay more under Spain’s new social security rates for self-employed?

However, if you are also working as an employee, you can benefit from several deductions, that are not available to someone who works exclusively as self-employed.

There is a reduction of up to 50 percent on the minimum base for the first 18 months and a reduction of up to 75 percent for the next 18 months.

Keep in mind that these bonuses are not compatible with the tarifa plana, whereby you’ll start paying €60 per month in your first year and the payments will go up after that.

This means that if you’re doing something like English teaching on the side, you’ll need to be making good money to be able to afford the social security fees, not just some extra pocket money, depending on the deductions you’re eligible for.  

You'll need to work out for yourself whether you have time to do your self-employed job as well as your contract job, given the amount you’ll have to earn to make it profitable. 

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