Self-employed and without income? So you can protect yourself with unemployment
Collecting unemployment while self-employed is a recognised possibility, as long as you meet certain requirements. Do you want to know more? In this article we give you all the details that you must take into account.
Claiming unemployment by being self-employed: is it possible?
The first thing to say is that the unemployment of the self-employed, called benefit for cessation of activity, is a right that you generate at the time of contributing each month to Social Security.
Not in vain, 0.9% of the regulatory base is paid as a benefit for cessation of activity.
However, and unlike what happens with employees, to take advantage of the benefit, one of these situations must occur:
1. Force majeure
If there is a situation that makes the continuity of the professional activity unfeasible, the benefit can be requested.
It is very exceptional and would only occur in the event of a declaration of epidemic that implies a 75% reduction in income compared to the previous year.
This was precisely what happened during the Covid-19 pandemic.
The truth is that, beyond these situations, it is not considered that there is force majeure.
2. Economic, technical and organisational causes
The economic, technical and organisational causes are similar to those that justify a dismissal for objective reasons.
Basically, what is pointed out is the impossibility of continuing the activity with the same situation.
Specifically, we point out that you must have 10% of losses compared to the previous year and close or transfer the business.
In short, here we would be in the case of the business or activity that is outdated or that ceases to be competitive.
3. Bankruptcy protection
The bankruptcy and bankruptcy are reasons to ask for a benefit.
Not surprisingly, in this case the business continuity is completely unfeasible.
It will be sufficient to duly prove it with the judicial documentation that is present at that time.
4. Loss of activity license
If an establishment open to the public loses its administrative license, this is a reason for forced stoppage.
Here the request for the benefit would be fully justified.
In principle, the reason for the loss of the license is irrelevant, so you should be able to access without problems.
5. Dissolution of community of community of property
The dissolution of the community of community of property has to do with the case of marriages who had a common business.
If you stop being in the business as a result of the separation, you can ask for the benefit for cessation of activity.
Be careful, it is important to point out that here we will have to see what the previous matrimonial regime was.
6. Victims of gender violence
Finally, victims of gender violence, once they prove it, have the right to apply for this benefit.
Here the economic issues will be secondary, because the other issue will be prioritised.
What should I do to collect unemployment while self-employed?
This unemployment benefit being self-employed has a series of requirements.
First, be registered with Social Security and RETA.
The second condition is to have contributed 12 of the last 24 months.
In addition, you must have requested the cancellation and be available to receive job offers.
And, most importantly, not oneing anything to Social Security and being aware of the payment of the dues.
In some cases, you will be asked to provide a Social Security certificate that accredits it.
To this we can add that of meeting some of the conditions that we have indicated before.
Otherwise, it is not possible to access the benefit.
Therefore, we are talking about a more conditioned model than in employees.
How long will the cessation of activity benefit last?
The duration of the benefit for cessation of activity has to do with the contribution time, with some maximums.
In 2025, it is established as follows: 70% of the regulatory base in your quota for the last 12 months contributed.
The duration of the benefit will depend on the time you have contributed as a freelancer: from 12 to 17 months, it will be 4 months.
And the number of months contributed progressively increases the service time, up to a maximum of 24 months if, previously, you have contributed the last 48 months.
In practice, this scale is similar to what happens with the unemployment benefit of the general scheme.
But, obviously, with more restricted access.
In short...
Collecting unemployment by being self-employed is possible, yes, but as long as you submit the documentation in a timely manner and meet the requirements.
Do you need specialised advice? At Asesoría Orihuela Costa we have a service for freelancers.
Call us without obligation!
