- Social Security establishes who must be included in the RETA
For the purposes of this Special Regime, a self-employed or self-employed worker shall be understood as one who habitually, personally and directly carries out an economic activity for profit, without being subject to an employment contract and even though he uses the paid service of other people, whether or not they are the owner of an individual or family business.
It will be presumed, unless proven otherwise, that the interested party is a self-employed or self-employed worker if he or she holds ownership of an establishment open to the public as owner, tenant, usufructuary or other similar concept.
Who is included in the RETA
In more detail, Social Security establishes who must be included in the RETA, among which are:
- Workers over 18 years of age, who, on a regular, personal and direct basis, carry out an economic activity for profit, without being subject to an employment contract.
- Spouse and relatives up to the second degree inclusive (in the case of workers of the Special System for Self-Employed Workers, up to the third degree) by consanguinity, affinity and adoption who collaborate with the self-employed person personally, habitually and directly and do not have the condition of wage earners
- The book writers.
- Economically dependent self-employed workers referred to in Chapter III of Title II of Law 20/2007, of July 11.
- Foreign self-employed workers who reside and legally carry out their activity in Spanish territory.
- Professionals who carry out a self-employed activity, which requires incorporation into a Professional Association whose group has been integrated into the Special Regime for Self-Employed Workers.
- Professionals who carry out a self-employed activity, which requires incorporation into a professional association whose group has not been integrated into the Special Social Security Regime for Self-Employed or Self-Employed Workers, with certain peculiarities.
- The industrial partners of regular collective societies and limited partnerships.
- The worker members of the associated work cooperatives, when they opt for this regime in their statutes. In this case, the minimum age for inclusion in the Special Regime is 16 years.
- Community members or partners of communities of goods and irregular civil societies.
- Those who exercise management and management functions that entail the performance of the position of director or administrator, or provide other services for a capitalist commercial company, for profit and on a regular, personal and direct basis, provided they have effective, direct or indirect control , of that. It will be understood, in any case, that such a circumstance occurs, when the actions or participations of the worker represent at least half of the social capital.
- The working partners of labor companies, when their participation in the social capital together with that of their spouse and relatives by consanguinity, affinity or adoption up to the second degree, with whom they live, reaches at least fifty percent, unless certify that the exercise of effective control of the company requires the participation of persons unrelated to family relations.