May 14, 2021

The Congress of Deputies opens the door to improve the retirement of self-employed and day laborers




Good news for freelancers, farm workers and irrigators. Within the string of amendments that are being processed in the Congress of Deputies, the Lower House has given the green light to two Junts per Catalunya amendments in which opens the door to improve the pensions of the self-employed and agricultural workers forcing the Government to carry out the necessary reforms for the integration of its «contribution gaps».

The amendment of the spokesperson in the Congress of Junts, Laura Borrás, aimed at accounting for the retirement of self-employed workers and day laborers, was approved with the vote against the parties of the coalition Government PSOE and United We Can, as well as PNV and Nueva Canary Islands. The rest of the Lower House joined their votes to carry out the two proposals of the independence parliamentarian of Junts: PP, Vox, Ciudadanos, EH-Bildu, PDeCAT, CUP, Más Páis, UPN, Teruel Existe, Coalición Canaria, Compromís and BNG. For its part, Esquerra Republicana abstained.

Specifically, the amendment proposes to include a new final provision asking the Government “As soon as possible” initiate the work and consultations necessary to carry out «the normative reforms that eliminate the discriminatory situation suffered by self-employed workers and agricultural workers, including wage earners ”in reference to what the proposed text calls“ contribution gaps ”for the purposes of calculating the retirement pension that is applied in the General Scheme.

To do this, it proposes that these groups “the same or equivalent mechanisms are applied to those provided for the integration of price gaps in the General Social Security Scheme ». In this sense, in the text of the proposal, the deputy confirms that currently the self-employed who retire – must be registered in the RETA (Special Regime for Self-Employed Workers) – «Integration of periods is not allowed in which there is no obligation to contribute, calculating as zero the base of the months in which there has been no contribution ”.

What the proposing parliamentarian considers can “penalize” the self-employed worker reducing in a “very important” way the final amount of the pension. What does exist in the General Scheme (100% of the minimum contribution base for people over 18 years of age for 48 months and the rest of the monthly payments at 50% of the aforementioned minimum base), but which is not applicable to agricultural workers employed.


For Lorenzo Ramos, president of ATA, it is positive that the self-employed are not penalized «Discontinuity of the activity that is not taken into account by employees» and believes that it can end the “discrimination” that self-employed workers are experiencing. In this sense, he pointed out that the majority organization among this group will put a concrete proposal on the table. In this sense, Ramos has confirmed «Multitude of cases of self-employed that for some reason they cannot contribute a month or two a year “and urges to end these differences” although not in a generalized way “for reasons of equity and justice.

100 million days declared

For the Secretary of the Agricultural Sector and Manipulated Hostofrutícola of UGT Fica Emilio Terrón, this is “a good measure” since if it is carried out it will alleviate “the gaps” at the time of retirement and recalls that agricultural workers have been integrated into the Regime General since January 2012 although it has indicated that «They have been discriminated against in this regard for a long time »forcing them to continue trading even if they are not charged. A situation of “discrimination” that has extended to non-contributory benefits and maternity or paternity benefits. He has also denounced what he has described as “fraud” in the contributions in the agricultural sector with employers who declare fewer days than those actually worked by the employee. A difference that would be paid in black, he pointed out.

«In Spain some 100 million days, but it turns out that according to data from the Ministry of Agriculture, exports in a period of five years have risen 54%: how can they go up like this and labor and working hours not? ”, he asked. In this sense, it urges changes in the regulations and the establishment of a new system that avoids these possible “frauds” and that represent savings in social insurance.

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