+34 958 63 01 14 info@velascolawyers.com

From October 1, 2018, self-employed professionals must realize their procedures with the General Treasury of Social Security electronically, including the reception and signing of notifications (OM ESS/214/2018, of March 1) and are required to be registered in the RED system. This Electronic Data Referral System is used to communicate electronically with Social Security. In this way, they will be able to manage procedures related to the affiliation, the quotation or the collection of fees without needing to be physically present. They will also receive notifications from the Social Security through this system. This last point is the most relevant, since Social Security notifications will only occur in this way. The TGSS will send an email to the address provided by the self-employed notifying that there is a telematic notification in the SEDESS. The notification will be made available to the interested party for a maximum period of 10 days. Once said period has elapsed without having agreed to the notification, it shall be deemed completed.

The General Treasury of the Social Security (TGSS) has two electronic channels through which the self-employed worker can carry out their tasks:

  • The RED System (Electronic Data Remission):
    Through this system, a RED authorized representative will act on behalf of the self-employed worker.
  • The Electronic Headquarters of the Social Security (SEDESS):
    The self-employed professionals can directly carry out their procedures with the TGSS through various electronic services available in the SEDESS.

To access the services of the SEDESS, the self-employed must have an authentication system that guarantees their identity, such as the electronic certificate accepted by the Social Security and which can be managed in the Social Security offices. All the services directed to the autonomous workers are accessible with this means of authentication, including the service of consultation and signing of telematic notifications. It also allows the submission of applications through electronic registration.

You can also use the electronic DNI and the Cl@ve-system, although the latter does not allow access to the cultured service and signature of telematic notifications.

Planned reform of the Social Security System

Furthermore, the Spanish government is planning to reform the Social Security System basically, i.e. to leave a quotation system established in the RETA in which the self-employed have the possibility to choose their contribution base within the minimum and maximum annual bases, and to establish quotation tranches according to the real annual income of the affiliates. These revenues would be annual returns minus deductible expenses.

In addition, as stated by the Minister of Labour, the contribution base could be established quarterly or annually.

The agreement that PSOE and Podemos have reached would be based on a self-employed quota that is progressive, according to the income of the self-employed, as well as exemption from the payment of the fee if the self-employed worker does not reach the minimum interprofessional salary.

  • One aim is to improve the pension situation of the self-employed at time of retirement, as about 80% of the self-employed, regardless of what they earn per year, choose a contribution base equal or very close to the minimum. This results in low retirement pensions and, of course, establishes an inequality between the retirement pensions of the members of the RETA and the rest of the pension schemes of the Social Security.
  • The situation of the self-employed with lower incomes shall be improved. Currently there are many self-employed who do not exceed 12,000 € of annual net income but must pay almost 300 €/month to the Social Security.
  • Maternity/paternity leave and sick leave would also be included in this system; and that the provision for cessation of activity is also included in this contribution model.
  • If different contribution tranches are established, the exempt minimum proposed by UPTA could be considered, by means of which self-employed persons who do not exceed a certain income, do not have the obligation to register in the RETA.

Actually, it is a proposal, studied by a subcommittee of the Congress of Deputies, but now being the PSOE in power, the issue becomes more important, especially taking into account that the head of the Ministry of Labour, Magdalena Valerio, has stated from the beginning its intention to achieve a change in the quotation system of the self-employed.