For these difficult times, I bring you a series of questions and answers for you as a freelancer to consult in these hard days.
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If I have hired employees can I do an ERTE?
Indeed, there is no difference in its processing, nor in its labor or economic consequences.
Due to the declaration of the state of alarm, I have had to cease my activity; is there any help to compensate the loss of income?
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For the time being, an extraordinary benefit for cessation of activity is established, for self-employed workers affected by the declaration of the state of alarm, with exceptional character and limited validity to one month, from March 15, or until the last day of the month in which said state of alarm ends, if this is prolonged.
What if I have not stopped working at all, but I am seriously affected?
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You will be able to request it if the turnover falls by 75%, with respect to the average turnover of the previous semester.
What requirements do I have to have to be eligible for this aid?
To be affiliated and registered on the date of declaration of the state of alarm (March 15), and to be up to date in the payment of Social Security contributions, being able to catch up in 30 calendar days. And to justify correctly the pointed out extremes, that is to say: closing or fall of invoicing. It can also be applied for by worker-members of a worker cooperative, affiliated to the RETA.
How much will I get paid if I receive this benefit? .
I will receive 70% of the regulatory base; and if the minimum contribution period is not accredited to be entitled to the benefit, 70% of the minimum contribution base in the Special Social Security Scheme for Self-Employed or Self-Employed Workers; or, if applicable, in the Special Social Security Scheme for Sea Workers.
For how long? .
At this time, the benefit for cessation of activity is understood to be for one month, although it will also be extended, where appropriate, until the last day of the month in which the state of alarm ends, in the event that this is extended for more than one month. The time of its perception will be understood as contributed and will not reduce the periods of benefit for cessation of activity to which the beneficiary may be entitled in the future.
What if we are worker-members of worker cooperatives and worker-owned companies included in the General Social Security System? .
The specific procedure provided in Royal Decree 42/1996, of January 19, 1996, will be applicable to you, except for the term for issuing the resolution by the Labor Authority and the term for the report by the Labor and Social Security Inspection, which will be 5 days.
Is the deadline for compliance with tax debts extended?.
The payment of tax debts is postponed, corresponding to all those tax returns-settlements and self-assessments, whose deadline for submission and payment ends between March 13 and May 30, 2020, both inclusive. They will be deferred for 6 months, with no interest accruing during the first 3 months.
What about deadlines in taxation? .
In generic terms, the deadlines have been postponed until April 30, but it is best to call us and discuss your deadlines, as there are cases in which they may be extended until May 20 or even longer.
What happens with the contracts signed with the Administration?.
In principle, all those whose execution is impossible as a result of COVID, and the measures adopted in this regard, are suspended until they can be provided, without constituting grounds for termination. Taking into account the multiple variants that exist and the possibility of requesting a claim for damages, it is best to analyze each issue on a case-by-case basis.
If you have doubts and need advice on how to deal with this situation, please contact us.
At LAWYOU we have lawyers with many years of experience who can help you or give you more information about the currently applicable legislation and future changes. Do not hesitate to contact us to tell us about your case through our e-mail address. atencionalcliente@lawyoulegal.com or, if you prefer, you can also call us at 602 226 895. Or you can leave us your contact information here.
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