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It collects the main claims of the collective and in the province of Tarragona it will affect almost 56 thousand workers
The session of the Council of Ministers last November 24, 2006 approved the Project of the Law on the Statute of Self-Employment presented by the Minister of Labor and Social Affairs, Jesús Caldera, after its passage through the Economic and Social Council (CES ) and by the General Council of the Judicial Power (CGPJ). The Statute is the result of a long period of work with the preparation of a report by a Commission of Experts and its subsequent analysis by social partners and the most representative organizations. At state level it will affect more than 3,030,000, of which 55,599 work in the province of Tarragona. Once approved as a bill, it is sent to the Courts for processing.
This bill includes the group's main demands and has been ratified by the sector's associations: ATA, UPTA, ASNEPA, CAYPE, CIAE and OPA. The State Government analyzed the reports of the consultative bodies, which as a whole give a positive assessment of the text, and incorporated some of the observations made.
In summary, the most prominent contents are: Firstly, establish what is understood as a self-employed worker. The Statute contains the following definition: natural persons who regularly, personally, directly, on their own account and outside the scope of management and organization of a third party, carry out an economic or professional activity for profit, give or no employment of workers on behalf of others.
In addition, a catalog of rights and duties of self-employed workers is formulated and regulates the rules for the prevention of occupational risks, mainly when the latter works on the premises of another employer or with raw materials or tools provided by another employer. The document establishes financial guarantees. among which the case of subcontracted works stands out. It sets out the main employer's liability to the self-employed person when a contractor owes them money.
On the other hand, the Statute has been structured to regulate the professional regime of economically dependent self-employed workers and specifies the specific conditions to clearly determine who can be considered economically dependent self-employed workers. It is not intended to legalize the so-called "false freelancers", since the fundamental purpose of the promotion incorporated in this Law is for the freelancer to expand his portfolio of clients and diversify his activity.
Within the project approved by the Council of Ministers, the possibility of concluding agreements of professional interest between self-employed associations or unions and companies is also contemplated, as long as they do not go against the postulates of the Competition Defense Law and is assigned to the social jurisdiction the resolution of the disputes of economically dependent self-employed workers.
A catalog of collective rights is also recognized and the bases are established for the recognition of the representativeness of self-employed associations and a State Council of Self-Employment is created. In terms of Social Protection, measures are being applied with the aim of bringing the Special Regime of Self-Employed Workers into line with the General Regime of Social Security.
Regarding retirement, early retirement is allowed in the case of self-employed workers, in consideration of the toxic, dangerous or painful nature of the activity carried out.
The State Government must guarantee the principles of contribution, solidarity and financial sustainability so that they respond to the needs and preferences of self-employed workers. He will also have to propose to Parliament the regulation of a specific system of protection for cessation of activity, based on his personal characteristics or the nature of the activity carried out.
Finally, the Statute establishes employment promotion measures aimed at promoting entrepreneurial culture, reducing costs at the start of the activity, professional training and encouraging self-employment through an appropriate tax policy.
The session of the Council of Ministers last November 24, 2006 approved the Project of the Law on the Statute of Self-Employment presented by the Minister of Labor and Social Affairs, Jesús Caldera, after its passage through the Economic and Social Council (CES ) and by the General Council of the Judicial Power (CGPJ). The Statute is the result of a long period of work with the preparation of a report by a Commission of Experts and its subsequent analysis by social partners and the most representative organizations. At state level it will affect more than 3,030,000, of which 55,599 work in the province of Tarragona. Once approved as a bill, it is sent to the Courts for processing.
This bill includes the group's main demands and has been ratified by the sector's associations: ATA, UPTA, ASNEPA, CAYPE, CIAE and OPA. The State Government analyzed the reports of the consultative bodies, which as a whole give a positive assessment of the text, and incorporated some of the observations made.
In summary, the most prominent contents are: Firstly, establish what is understood as a self-employed worker. The Statute contains the following definition: natural persons who regularly, personally, directly, on their own account and outside the scope of management and organization of a third party, carry out an economic or professional activity for profit, give or no employment of workers on behalf of others.
In addition, a catalog of rights and duties of self-employed workers is formulated and regulates the rules for the prevention of occupational risks, mainly when the latter works on the premises of another employer or with raw materials or tools provided by another employer. The document establishes financial guarantees. among which the case of subcontracted works stands out. It sets out the main employer's liability to the self-employed person when a contractor owes them money.
On the other hand, the Statute has been structured to regulate the professional regime of economically dependent self-employed workers and specifies the specific conditions to clearly determine who can be considered economically dependent self-employed workers. It is not intended to legalize the so-called "false freelancers", since the fundamental purpose of the promotion incorporated in this Law is for the freelancer to expand his portfolio of clients and diversify his activity.
Within the project approved by the Council of Ministers, the possibility of concluding agreements of professional interest between self-employed associations or unions and companies is also contemplated, as long as they do not go against the postulates of the Competition Defense Law and is assigned to the social jurisdiction the resolution of the disputes of economically dependent self-employed workers.
A catalog of collective rights is also recognized and the bases are established for the recognition of the representativeness of self-employed associations and a State Council of Self-Employment is created. In terms of Social Protection, measures are being applied with the aim of bringing the Special Regime of Self-Employed Workers into line with the General Regime of Social Security.
Regarding retirement, early retirement is allowed in the case of self-employed workers, in consideration of the toxic, dangerous or painful nature of the activity carried out.
The State Government must guarantee the principles of contribution, solidarity and financial sustainability so that they respond to the needs and preferences of self-employed workers. He will also have to propose to Parliament the regulation of a specific system of protection for cessation of activity, based on his personal characteristics or the nature of the activity carried out.
Finally, the Statute establishes employment promotion measures aimed at promoting entrepreneurial culture, reducing costs at the start of the activity, professional training and encouraging self-employment through an appropriate tax policy.