A new step in the equalization of protection among social security systems: the specific protection system in case of end of activity of self-employed workers (comments on Law 32/2010, of 5th August)

Abstract

The Social Security system implemented in 1967 established the compartmentalization of its members in one general system and several special systems. At the same time, it also specified two approach procedures in the level of coverage provided by each system: on one hand, the integration of systems, which has made great progress; and, on the other hand, the equalization of its protective actions.

Among the Social Security special systems, the system for self-employed workers, whose members represent 17.69 per cent from the whole of members of the Social Security system, stands out because of its importance. Furthermore, since its implementation in 1967, this special system has showed great changes in its scope and, specially, in its protective action (which has affected the contribution).

A basic change in legal regulation derived from the rendering of services by self-employed workers is constituted by Law 20/2007, of 11th July, on Self-Employment Statute. The mentioned regulation governs the rights and duties of self-employed workers, the figure of the economically dependant self-employed workers, the promotion of self-employment and its social, legal and public protection.

Additional provision four of the aforementioned law contains the government commitment of proposing to the Spanish Parliament the regulation of a specific protection system in case of end of activity of self-employed workers, that has led to Law 32/2010, of 5th August (BOE of 6th), which is going to be implemented on November the 6th of 2010. The current study analyses the content of this law.

Notice that, during the composition of this paper, it has been carried out the preparation of a draft bill of urgent measures to reform the labour market (derived from Royal Decree Law 10/2010), whose text, approved by the Spanish Congress of Deputies, contains amendments of the regulation analysed in this paper.