The transfer of an employee from the employee to the self-employed without being justified will have a fine of between 3,126 euros and 10,000 euros for each of the workers. This is included in the draft decree that has advanced this Wednesday Cinco Días and that the Government prepares to approve it on Friday. It includes the revaluation of pensions this year according to an inflation of 1.7% –which implies a compensatory payment of 0.1% after having already gone up in the Budgets by 1.6%–, and the pact with the self-employed to contribute at least 5,35 euros more per month or 63,6 euros more per year. The minimum share of the companies will rise 6.89 euros per month or 82.68 per year.
The Minister of Labor, Magdalena Valerio, has presented on Wednesday the agreement to raise contributions for self-employed workers along with the representatives of the organizations, Lorenzo Amor of ATA, Eduardo Abad, of UPTA, Pedro Barato de Asaja and María José Landaburu of UATAE. With this consensus, it is avoided to equate the rise of contributions of the self-employed person to the one that will have in 2019 the general regime, of 22.3% in the minimum base when raising the minimum wage. Thus, self-employed workers will have an increase of 1.25% in the minimum base in 2019, for which 85% of the self-employed now contribute and which at the moment stood at 932.7 euros. And a rise of the rate applied on that basis from 29.8% to 30%. An increase of two tenths that together with the increase in the minimum base will mean a disbursement of 5.3 euros more per month. If the self-employed person decides to quote for a base higher than the minimum, then the rise of the rate in two tenths will be applied to a larger amount and the resulting surcharge figure will also be higher.
In any case, the minimum contribution of self-employed workers will be around 10% cheaper in 2019 than that of a salaried employee who pays a minimum, which could mean an incentive to transfer workers from a contract to another person. one on your own in order to save on the payment of fees. For this reason, the Ministry of Labor will create new infractions with fines of between 3,126 and 10,000 euros per worker hired as false self-employed. Although the decree only includes the fine for the transfer of an employee to self-employed, sources present at the meeting explain that this will be hardened to affect all fraudulent contracting of autonomy. Until now, the inspection only obliged the company to pay the difference in quotations and regularize the contract. But there were no penalties provided.
Improvement of rights
In addition, the flat rate increases from 50 to 60 euros per month. And the unemployment benefit of self-employed workers is improved by doubling their periods of duration, which were previously between 2 and 12 months according to what had been contributed and which can now last from 4 months to 24 months. Autonomous mothers are also allowed to pay a flat rate of 60 euros in the 24 months after the maternity leave.
In the case of sick leave, self-employed workers may not pay the Social Security fee after the second month of disability. "It's a good agreement because the self-employed will be able to take care of their health and take the casualties, and nobody expected a pact like that two months ago," says Eduardo Abad.
The rate of contribution for the self-employed is set at 28.30% for common contingencies, which already includes temporary disability due to common illness and non-work accident and which remains the same as in the general regime; in 0.9% for occupational contingencies such as an illness or accident at work, a lower rate than the general regime; in 0.7% for the cessation of activity known as self-employed unemployment and whose contribution will be less than that made in the general scheme, and 0.1% for training and prevention. In total, the rate will be at 30%. And everything will be mandatory, not as it happened before there was the option of not quoting for professional contingencies and the cessation of activity.
The rate increases will be made in stages for years: in 2019 it will be 30%; in 2020 of 30.3%; in 2021 of 30.6% and in 2022 of 31%. In addition, the Ministry of Labor has committed to approve throughout 2019 a system by which self-employed workers quote according to their real income. To do this, prepare a cross of data from the Treasury of Social Security with the Tax Agency.
According to Lorenzo Amor, before the rate was at 29.8% for those who did not quote due to cessation of activity and professional contingencies. And it was placed around 33% depending on the type of professional risk for those who did contribute. So there will be some 550,000 self-employed who were quoted for occupational risks and unemployment that now even pay less than before: 30% instead of about 33%.