---
title: "Fraternidad-Muprespa of Asturias together with FADE hold a conference on the new self-employed law"
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updated: "2026-07-20"
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# Fraternidad-Muprespa of Asturias together with FADE hold a conference on the new self-employed law



15/11/2017

Day review

On November 13, the Mutual Collaborator with Social Security Fraternidad-Muprespa along with the Asturian Federation of Businessmen, has held a conference on the new Law on Urgent Reforms of Self-Employed Work published on October 25 and which incorporates important modifications and historical demands of this group.  
  
There has been the collaboration of Ana Concejo Vazquez, general director of Innovation and Entrepreneurship of the Principality of Asturias,José Andrés González Bernardo, labor-tax advisor at Labyfis S.L. and José Ignacio Díaz Lucas, territorial director of the Northern zone of Fraternidad-Muprespa.

  
The reasons for a reform   
   
Self-employment in Spain has an important specific weight in the labor market, which is currently showing a great capacity for recovery and enormous potential regarding the generation of post-crisis employment.  
  
The very singularities of self-employment, its income is not fixed, but uncertain and variable, like the activity, therefore require that Social Security obligations must be adapted to these circumstances and reduce its administrative burdens.  
  
In recent years, measures have been articulated in favor of the self-employed, to stimulate an increase in entry flows into the labor market and have a positive impact on the survival and strengthening of entrepreneurial activity, but these have undoubtedly been insufficient.  
  
As a result of a clear social demand, Law 6/2017 was born by consensus of all forces, trying to articulate a set of measures to continue improving the conditions in which self-employed workers carry out their activity and therefore the creation of productive wealth in our country.  
  
What are the new measures contemplated by Law 6/2017?  
  
Jose Andrés González Bernardo, has made an eminently practical presentation on the development of the new measures presented by the Law from a critical perspective with the legislator, since in his opinion it has not provided effective responses to the real demands of self-employed workers and differentiated four large blocks, detailing the following relevant facts:  
  
1\. Quote

* Reduction of surcharges for late payment of the Social Security contribution: the surcharges are modulated, affecting all Social Security regimes. Comes into force 01/01/2018.
* Contribution in cases of pluriactivity: automatic refund of contributions if the amount established in the LPGE (year 2016, €12,368.23) is exceeded before May 1 of the following year, although in the opinion of the rapporteur this is not a real reduction of administrative burdens.
* Note that choosing a contribution base lower than the ordinary one will be incompatible with any other bonus or reduction of contributions, as well as reimbursement of contributions for multiple activities. Comes into effect 10/26/2017.
* Fee reductions and bonuses: comes into effect 01/01/2018. As long as they have not been self-employed for the last 2 years or 3 if they have already enjoyed similar bonuses.
* The flat rate of €50 is extended from 6 to 12 months with the minimum contribution base, extending to 36 months for men under 30, women under 35 or registered in the youth guarantee system. Also applying to members of labor companies and associated labor cooperatives, but not to members of S.L., S.A., collaborators, etc.

2\. Conciliation

* Bonus to RETAs for reconciling professional and family life linked to hiring.  
    There is a bonus in cases of conciliation, (care of children under 12 years of age, dependent family members in a situation of dependency, etc.), rest (maternity, paternity, adoption, risk of pregnancy, risk of breastfeeding, etc., as long as the duration of the process is at least 1 month) and reinstatement after maternity, and the 100% quota for Common Contingencies for 12 months, in case of non-compliance with the contract, the bonus must be refunded for the time. proportional to non-compliance.

3\. Additional provisions

* Regarding the concept of habituality, and part-time contributions, issues that remain under study, the speaker estimates that the first is reflected in the Jurisprudence, so no different decision is expected from the Subcommittee, establishing that this exists when the billing exceeds the S.M.I. valid in each year, as for the second concept, they already exist in cases of street vending.
* The extension of the concept of work accident to accident in itinere, according to the expert's opinion, the excess contribution in additional and voluntary benefits in the RETA, such as work accident and cessation of activity, should be applied as it is the most beneficial condition for the increase in the contribution base, when achieving this improvement to all benefits.
* The bonus for hiring RETA relatives, the hiring must be indefinite, as an employee and extends to the spouse, descendants and other relatives up to the 2nd degree.

4\. Final provisions

* The RETAS may hire children under 30 years of age as employees, even if they live with them, although they do not contribute for unemployment.
* The spouse, common-law partner and family members up to the 2nd degree who join the RETA, as long as they have not been registered in it in the last 5 years and collaborate with it, will be entitled to a bonus for 24 months (€2,052.68).  
    The speaker draws attention to these last three Provisions where several options and different benefits can be observed when hiring a family member who meets the previously stated requirements. The comparison presented defends the thesis that the self-employed regime is the best regime to hire a family member with unemployment benefits as a reference, and without a doubt in the long term the savings in contributions represent a much higher amount than the unemployment that could correspond if the circumstances for this were met.
* The modification of the Regulation on variations in registrations was also discussed, highlighting the importance of not requesting withdrawal from the RETA when requirements are not met, since the continued registration will have effects in terms of contributions but will not generate the right to benefits.
* Changes may be made to the Regulatory Base 4 times a year and automatic base increases are established, in order to maintain the progression in contributions and therefore in benefits, especially in retirement.
* Regarding the compatibility of self-employment with the receipt of a contributory retirement pension, in this regard the expert highlighted that in his opinion the requirements of the ordinary retirement age and 100% of the contribution must be met. Although in the type of qualified active retirement, in the RETA, the amount of the pension compatible with work reaches 100%, as long as it is proven that an employed worker has been hired.  
    Regarding the second part of the presentation, it was fundamentally based on the argument and defense of RETA as the best regime in the Social Security system by allowing self-management of contributions and coverage, adapting it to the needs and situations of each worker.

Finally, it has carried out a comparative study on retirement in the RETA, stopping at the comparative table on retirement/early retirement/investment-amortization/amortization age, making it clear that the investment in the contribution from 63 to 65 years of age is not justified in relation to the time it will take to amortize that investment.  
  
What role do the MCSS play in this reform?  
  
José Ignacio Díaz Lucas, after detailing the nature of the mutual insurance companies and the benefits covered, focusing on coverage for work accidents, their characteristics and requirements, has determined the most significant innovations that the law provides as a path to equalization with the General Regime:

* Without a doubt, the most substantial novelty regarding the management of the MCSS with respect to the RETA, is the expansion of the concept of work accident to the accident in itinere, understood as one that is suffered when going to or returning from work, provided that the domicile of the activity is different from the private domicile and is affected by the economic activity, differentiating it from the accident "on mission", not recognized for self-employed workers.
* Other referenced benefits to which self-employed workers have access: are maternity and breastfeeding risk benefit, care for children with serious illness, cessation of activity, and temporary and permanent disability.
* Reference was also made to the advice on Occupational Risk Prevention offered by the MCSS and the quota simulator for the RETA, as tools to help in the management of self-employed workers.

And what measures has the Principality of Asturias taken?  
  
In addition to the measures established in Law 6/2017, the Principality of Asturias, as reported by the General Directorate of Innovation and Entrepreneurship Ana Concejo, has approved an initiative that consists of granting aid of 50 euros per month for one year, so that self-employed workers, registered in the RETA between January 1, 2016 and March 31, 2017, will have a zero Social Security contribution for six months, the time in which they benefit from the flat rate of 50 euros from the Central Executive.

Conclusions  
  
Without a doubt, Law 6/2017 has established progress for the group, perhaps it is not as ambitious as desired, but without a doubt the Subcommittee to study the reform of the RETA has a difficult task:

* It must respond to the demands of the group regarding the adaptation of contributions to real income with a progressive contribution.
* Regarding the determination, among others, of the cases when it is mandatory to register as self-employed, that is, the much discussed habituality.
* In what cases can the self-employed person partially retire?
* How to avoid delays in collections, especially by public administrations.

Even so, there is a long way to go for a group that wants to advance in its equality with the general regime.

 The event had a great impact and was attended by more than one hundred freelancers and advisors.



 

 ![Conference held in Asturias on the developments after the Law on Urgent Self-Employment Reforms](/sites/default/files/styles/400x400/public/2017-11/img-20171113-wa0001.jpg?itok=FWWyyJtv)