The Active retirement for Self-employed is changing according to a press release published on the website lamoncloa.gob.es, the Directorate General for Social Security Organisation (DGOSS) has issued a criterion establishing that the contract for employees that the pensioner who wishes to make 100% of the amount of the retirement pension compatible with a self-employed activity must be part of the activity that gave rise to his registration in the Special Regime for Self-Employed Workers (RETA).
This criterion modifies the previous criteria (DGOSS 21/03/2018), in the application of the compatibility of active retirement with 100% of the pension. It is no longer sufficient to employ a worker, but the need for such recruitment to be carried out in the area of activity being carried out by the self-employed worker is now clarified, which means leaving out of access to full retirement at 100% the cases in which the employed worker is a domestic employee who provides services in the home of the self-employed person.
This means that in the case of directors, administrators, shareholders or co-owners of companies and entities without a legal personality, access to full retirement at 100% will not be possible unless they have another self-employed activity as an individual where it is proven that they have at least one employee.
According to that note, the change of criterion will not affect or imply a revision of the compatibilities of the retirement benefits already recognised.
Therefore, according to the criteria issued by the DGOSS, for the application for compatibility of self-employment and 100% of his retirement pension, the pensioner must be registered in the RETA and must prove that at least one employee has been employed in the activity.
In the event that the self-employed person hires a collaborating relative to be fully compatible with the retirement pension, he or she must be an employee.
Under no circumstances can the collaborating family member included in the RETA benefit from the compatibility of self-employment with 100% of the retirement pension, since only the self-employed person can act as the employer of the employees in his or her service.
Arrabe Integra
Labour Consulting and HR Management Dept.