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Legal, Labor, 31/01/19

Obligation for self-employed workers who cover their benefits with the INSS, to do so with a mutual accident insurance company.


 

On January 1, 2019, Royal Decree-Law 28/2018, of December 28, for the revaluation of public pensions and other urgent measures in social, labor and employment matters, came into force.

 

In accordance with the provisions of the First Transitional Provision of the aforementioned Royal Decree-Law, workers included in the Special Scheme for Self-Employed Workers incorporated into said Special Scheme prior to 1 January 1998 and who, in accordance with the twenty-ninth transitional provision of the General Social Security Law (LGSS), have opted to maintain protection by the economic benefit for temporary incapacity with the managing entity/Inss, must opt, within three months from 1 January 2019, for a Mutual collaborating company of the Social Security, with such option taking effect from 1 June 2019, provided that it is carried out in the terms provided for in article 83.1.b) of the aforementioned LGSS.

Likewise, the mandatory coverage is extended to include occupational contingencies and cessation of activity , in addition to the coverage for temporary incapacity due to common contingencies , which has been mandatory until now.

This coverage must be formalized with a Mutual Insurance Company collaborating with Social Security, which must be the same for all the indicated protective action.

The following will be exempt from this requirement:

  • Self-employed workers under the Special Scheme for Seafarers: can choose between a mutual insurance company or the Social Institute of the Navy
  • Members of cooperatives, integrated into the RETA: if they have an inter-cooperative social protection system complementary to the Public System.
  • Self-employed workers who pay a flat rate contribution: they are not required to cover the benefit for cessation of activity.
  • Self-employed workers aged 65 with 38 years and six months of contributions or 67 years of age with 37 years of contributions: are exempt from contributing.

 

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