JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law.

PREAMBLE

I

Autonomous work has traditionally been set up within a framework of legal relations of private law, so the normative references to it are scattered throughout the whole of the world. Legal Order.

In this sense, the Constitution, without making an express reference to self-employment, collects in some of its precepts rights applicable to the self-employed. Thus, Article 38 of the Constitution recognizes the freedom of enterprise in the context of a market economy; Article 35, paragraph 1, recognizes for all Spaniards the duty to work and the right to work, to the free choice of occupation or occupation, promotion through work and sufficient remuneration to meet their needs and those of their family, without in any case being able to be discriminated against on grounds of sex; Article 40, paragraph 2, provides for the public authorities shall encourage a policy to ensure vocational training and retraining; ensure safety and hygiene at work and ensure the necessary rest by limiting the working time, the regular paid holidays and the promotion of suitable centres; finally, Article 41 gives the public authorities to maintain a public social security scheme for all citizens, ensuring sufficient social assistance and benefits in the face of situations of need.

These constitutional references do not have to be limited to the work of others, since the Constitution itself determines when the term "Spanish" is used in Article 35 or that of "citizens" in the Article 41, or when it entrusts to the public authorities the execution of certain policies, Article 40, without specifying that its addressees must be exclusively employed persons.

In the social field, we can highlight, in the field of Social Security, norms such as the General Law of Social Security, Article 25.1 of the Organic Law 1/2004, of December 28, of Comprehensive Protection Measures against the Gender-based violence referred to self-employed women who are victims of gender-based violence, Decree 2530/1970, of 20 August, which regulates the Special Regime of Workers for the Account of Own or Autonomous Accounts, and other provisions of development. With regard to the prevention of occupational risks, reference should be made to the Law on the Prevention of Occupational Risks and to Royal Decree 1627/1997 of 24 October, laying down the minimum health and safety requirements in the works of construction, as well as other development provisions.

The European Union has, for its part, dealt with autonomous work on regulatory instruments such as Council Directive 86 /613/EEC of 11 December 1986 on the application of the principle of equal treatment for men and women. men and women engaged in an autonomous activity, including agricultural activities, as well as on the protection of maternity, which gives a definition of self-employed workers in Article 2 (a), or in the Council Recommendation of 18 February 2003 on the improvement of the protection of health and safety in the work of workers standalone.

The comparative right of countries in our environment does not have examples of a regulation of self-employment as such. In the countries of the European Union the same is true of Spain: references to the figure of self-employed workers are scattered throughout social legislation, especially social security and risk prevention legislation. In this respect, it is worth highlighting the importance of this Law Project, as it is the first example of systematic and unitary regulation of autonomous work in the European Union, which is undoubtedly a milestone in our legal order.

This is a law that will regulate self-employment, without interfering in other areas of our productive fabric, such as the agricultural sector, which has its own regulation and its own channels of representation.

The Professional Colleges will also not be affected by their competencies and attributions for the approval of this Statute.

II

From an economic and social point of view, it cannot be said that the figure of the current self-employed worker coincides with that of some decades ago. Throughout the last century, the work was, by definition, the dependent and salaried, oblivious to the fruits and the risks of any entrepreneurial activity. From this perspective, self-employment or self-employment was limited, on many occasions, to low-cost, small-scale activities that did not require a strong financial investment, such as the use of the agriculture, crafts or small trade. At present, the situation is different, as the self-employed work in countries with high levels of income, in high value added activities, as a result of new organizational developments and the dissemination of information technology and the telecommunications, and it is a free choice for many people who value their self-determination and their ability to depend on no one.

this has led to the fact that in recent years it has become increasingly important and numerous in the legal and social context, together with the figure of what we might call a classic autonomous, holder of a Commercial establishment, farmer and diverse professionals, other figures as heterogeneous, as entrepreneurs, people who are in an initial phase and take off from an economic or professional activity, the autonomous economically dependent, worker members of cooperatives and working societies or administrators of commercial companies that have effective control of them.

Today, at 30 June 2006, the number of self-employed persons affiliated to the Social Security Fund amounts to 3.315.707, distributed in the Special Regime of the Workers for the Account of Own or Autonomy, in the Special Agrarian Regime and in the Special Regime of Sea Workers Of these, 2.213,636 correspond to natural persons engaged in professional activities in the various economic sectors.

From this last collective, it is very significant to point out that 1,755,703 self-employed people have no employees and that of the remaining collective 457,933, just over 330,000 have only one or two employees. In other words, 94% of the self-employed who carry out a professional or economic activity without the legal framework of a company do not have employees or only have one or two.

We are in the presence of a broad collective that does a professional job risking its own economic resources and contributing its personal work, and that it mostly does without the help of any employee. It is, in short, a collective that demands a level of social protection similar to the level of employed workers.

Over the past few years, some initiatives have been undertaken to improve the situation of self-employment. Among them, the elimination of the Tax of Economic Activities for all natural persons, as well as those introduced by Law 36/2003 of November 11, of Measures of Economic Reform, which collects the coverage of the Incapacity, is noteworthy. Temporary from the fourth day of the discharge, the possibility of having the cover for accidents of work and occupational diseases and the minorprayer for those who will be incorporated for the first time to the Special Regime of the Autonomous Workers, being children under the age of 30 or older women of forty-five. In Law No 2/2004 of 27 December 2005, General Budget of the State for the year 2005 is incorporated as measures for the promotion of the autonomous employment of young people up to thirty years of age and women up to thirty-five, a reduction to the quotas The Committee on Social Security and the Committee on Social Affairs and Employment and the Committee on Social Affairs and Employment In addition, the system of capitalisation of unemployment benefit in its single payment method is improved for the unemployed who start their activity as self-employed.

The government, which is sensitive to this evolution of autonomous work, has already committed itself in the inauguration session of its president to approve a statute for self-employed workers during this Legislature. As a result, the Ministry of Labour and Social Affairs agreed to set up a Committee of Experts to which it commissioned a double task: on the one hand, to carry out a diagnosis and assessment of the economic situation of self-employed work in Spain and, on the other hand, the analysis of the legal and social protection arrangements for self-employed workers, while at the same time preparing a proposal for a Statute for a self-employed worker. The work of the Commission culminated in the delivery of an extensive and documented Report, accompanied by a proposal for a Statute, in October 2005.

At the same time, the Additional Sexagnth Provision of Law 30/2005 of 29 December of the General Budget of the State for the year 2006 incorporated the mandate to the Government to present to the Congress of Deputies, in the one year, a draft law on the status of self-employed workers in which self-employed work is defined and the rights and obligations of self-employed workers, their level of social protection, industrial relations and the social protection of workers, policy for the promotion of self-employed employment, as well as the figure of the economically self-employed dependent.

By Resolution number 15 of the debate on the State of the Nation of 2006, the Congress of Deputies urges the Government to present during that year the Bill of Law of the Autonomous Worker's Statute, to advance in the equating, in the terms set out in Recommendation number 4 of the Toledo Pact, the level of social protection of self-employed workers with that of employed persons.

Finally, with the approval of the Organic Law 3/2007, of March 22, for effective equality between women and men, at the initiative of the Government, a first step was taken in compliance with the aforementioned Resolution, when introducing numerous measures to improve the situation of self-employment, especially with regard to the rights deriving from maternity and paternity situations, all in the context of advancing a policy of reconciling family life with the work, so demanded by the self-employed.

III

This Law constitutes the result of the fulfillment of the previous mandates. The work of the trade unions and employers ' organisations, as well as the associations of self-employed workers, has been consulted.

The Law consists of 29 articles, framed in five titles, plus nineteen additional provisions, three transitory ones, one repeal and six endings.

Title I delimits the subjective scope of law enforcement, establishing the generic definition of self-employed and adding the specific and excluded collectives.

Title II regulates the professional regime of the self-employed in three chapters. Chapter I establishes the sources of such a professional regime, making clear the civil or commercial nature of the legal relations established between the self-employed person and the person or entity with which he contracts. Article 3 (2) introduces agreements of professional interest to economically dependent self-employed workers, an important novelty created by the Law.

Chapter II refers to the common professional regime for all self-employed workers and establishes a catalogue of rights and duties, as well as the rules on the prevention of occupational risks, the protection of minors and economic guarantees.

Chapter III recognizes and regulates the figure of the economically dependent self-employed worker. Its regulation is due to the need to give legal cover to a social reality: the existence of a collective of self-employed workers who, despite their functional autonomy, develop their activity with a strong and almost exclusive dependence. the economic operator or customer who hires them. The Law contemplates the assumption that this businessman is his main client and of him comes, at least, 75 percent of the income of the worker. According to the data provided by the National Statistics Institute, in 2004, there are 285,600 employers without employees working for a single company or client. The figure is important, but the significant thing is that this collective has increased by 33 percent since 2001.

In the light of the situation described above, the introduction of the figure of the economically dependent self-employed worker has raised the need to prevent the possible misuse of this figure, given that We move on a border not always precise between the figure of the classic autonomous, the economically dependent self-employed and the employed person.

The legislator's intention is to eliminate those gray border areas among the three categories. Thus, Article 11, when defining the economically dependent self-employed worker, is very restrictive, by defining as objective criteria the assumptions in which the activity is carried out outside the scope of organisation and management of the client. which hires the self-employed.

The rest of Chapter III establishes a guarantee regulation for the economically dependent self-employed worker, in accordance with this situation of economic dependence, without prejudice to the fact that it operates as a general rule in the between this and his client the principle of autonomy of the will. In this sense, the recognition of agreements of professional interest, in Article 13, which was referred to in the Chapter dedicated to sources, does not mean moving collective bargaining to this area, but simply recognizing the possibility of the existence of an agreement that transcends the mere individual contract, but with limited personal effectiveness, as it only links the signatories to the agreement.

The use of the Social Jurisdiction provided for in Article 17 is justified because the legal configuration of the economically dependent self-employed worker has been designed taking into account the criteria which have been consistently established by the case law of that jurisdiction. The case law has defined a number of criteria for distinguishing between self-employment and employment. The economic dependence that the Law recognizes on the economically dependent self-employed worker must not lead to an error: it is an autonomous worker and that economic dependency in no case must imply organizational dependence or alienation. The disputes arising from the civil or commercial contract concluded between the economically dependent self-employed and his client are to be closely linked to the nature of the figure of the latter, in such a way that the claims linked the contract is always to be judged in connection with the fact that the self-employed worker is actually economically dependent or not, as or not according to the requirements laid down in the Law. And this circumstance, nuclear in all litigation, must be known by the Social Jurisdiction.

IV

Title III regulates the collective rights of all self-employed workers, defining the representativeness of their associations in accordance with the objective criteria set out in Article 21 and creating the Labour Council. Autonomous as a consultative body of the Government in socio-economic and professional matters referred to in Article 22.

Title IV sets out the general principles of social protection, including the general rules on the affiliation, contribution and protective action of the social security of self-employed workers. It should be noted that the possibility of establishing reductions or bonuses in the basis of contributions or in the quotas of social security for certain groups of self-employed workers is recognised in the light of their personal circumstances. or the professional characteristics of the activity carried out. It extends to economically dependent self-employed workers the protection of occupational accidents and occupational diseases and the possibility of early retirement for self-employed workers is recognised. develop a toxic, dangerous or painful activity under the same conditions as laid down for the General Regime. These are measures which, together with those provided for in the additional provisions, tend to favour the convergence of the Special Regime for Own or Self-Employed Workers with the General Regime.

Finally, Title V is dedicated to the promotion and promotion of self-employment, establishing measures aimed at promoting entrepreneurial culture, reducing costs at the start of activity, promoting training (a) professional training and the promotion of self-employment through an appropriate fiscal policy. It is therefore a question of the broad lines of what must be the active policies for the promotion of self-employment, which must be embodied and developed in the light of socio-economic reality.

V

The additional provision first relates to the reform of the recast of the Labour Procedure Act. The amendments are strictly necessary as a result of the inclusion of disputes arising from the contracts of economically dependent self-employed workers in the field of Social Jurisdiction. In line with this, the obligation of prior conciliation not only to the administrative department concerned but also to the body which may have been created by an agreement of interest is also established. professional.

The second additional provision implies recognition for certain groups or activities to be given special status as a complement to measures to promote self-employment. A specific mandate is given to make reductions in the contribution of the following groups of self-employed persons: those who carry out an activity on a self-employed basis together with another activity for an employed person, in such a way that the sum of both Contributions exceed the maximum basis, the children of self-employed persons under 30 years of age who initiate work in family activity and self-employed workers engaged in street sales or home sales.

The third additional provision contains the obligation that in the future all self-employed persons who have not done so must opt for the coverage of temporary incapacity, as it favours convergence with the General arrangements, as well as the need to carry out a study on the most sinister professions or activities, in which the groups of self-employed persons concerned must cover professional contingencies.

The fourth additional provision regulates the cessation of activity. It reflects the Government's commitment to ensure that, provided the principles of contributivity, solidarity and financial sustainability are guaranteed, and that it responds to the needs and preferences of the self-employed, it proposes to the Courts General rules governing a specific system of protection by cessation of activity for the same, depending on their personal characteristics or the nature of the activity exercised.

The fifth additional provision specifies that the provisions of Article 23 (2), Articles 24 to 26 and Article 27 (c) (2), and the second and third and third provisions of Article 27 (2) and (3) of the Treaty The second paragraph of this Law shall not apply to self-employed or self-employed persons who, in the terms laid down in the Additional Article 15 (5) of Law 30/1995, for the supervision and management of insurance In the future, they have opted for or opt for the Social Welfare Mutual Fund. the Professional College to which they belong is constituted and acts as an alternative to the Special Regime of Social Security of the Workers for Account Own or Autonomous.

The additional provision sixth sets out the need to adapt the standard to the autonomic competences related to representativeness and special register of the professional associations of autonomous in the territorial field autonomic.

The additional seventh provision provides for the possibility of updating the differentiated listing bases, reductions or bonuses provided for certain groups of self-employed workers in the care of their special characteristics, by means of the State General Budget Law.

The eighth additional provision states that the Government will consider the presence of the self-employed in the Economic and Social Council, taking into account the development of the Autonomous Labour Council in the representation of the and the precept report of the precious Economic and Social Council.

The ninth additional provision determines that a study by the Government will be presented in one year on the evolution of the single payment measure for unemployment benefit for the start of self-employed activities and the possible extension of the current percentages of capitalization depending on the results of such a study.

The additional provision in the 10th refers to the social security framework of the family of self-employed workers, clarifying that self-employed workers will be able to hire, as employees, their children. less than 30 years of age, even if they live with the self-employed worker and the unemployment coverage of the self-employed is excluded.

The 11th additional provision involves adopting for self-employed workers in the transport sector the reference in Article 1.3 (g) of the recast text of the Workers ' Statute, including in the subjective field of transport. This Law, in order to clarify the requirements that in this case must be met for the self-employed workers of this sector for their consideration of economically dependent self-employed workers.

The additional twelfth provision provides for the participation of self-employed workers in training programmes and occupational risk prevention information, with the aim of reducing accidents and preventing the occurrence of occupational diseases in the respective sectors, through the representative associations of the self-employed and the most representative trade union organisations.

Additional provision thirteenth introduces increases in the reduction and bonus of the Social Security contribution as well as the respective periods applicable to the new workers included in the Scheme Special Social Security of the Workers for the Account of Own or Autonomous Workers who are 30 years of age and 35 years old in the case of self-employed workers, giving new wording to the additional 30th of the General Law of the Social security, recast text adopted by Royal Decree-Law 1/1994 of 20 June.

The additional fourteenth provision indicates a period of one year for the Government to produce a study on the sectors of activity that have a particular impact on the collective of self-employed workers.

Additional provision 15th sets a one-year deadline for the Government to present a study on the updating of the rules governing the Special Regime of the Self-Employed. In Decree 2530/1970, of 20 August.

The additional 16th provision determines the one-year period for the Government to carry out, in collaboration with the most representative entities of self-employed workers, a dissemination and information campaign on the regulations and the characteristics of the Special Regime of the Self-employed.

The additional 17th provision involves the regulatory determination of the assumptions in which insurance agents would be subject to the contract of economically dependent self-employed workers, without affecting any case to the mercantile relationship of those.

The additional 18th and 19th provisions refer, respectively, to the specific cases of persons with disabilities and commercial agents.

Of the transitional provisions it is worth noting that the transitional first establishes a period of six months for the adaptation of statutes and recognition of the legal personality of the associations. The second transitional period sets the time limits for the adaptation of the existing contracts of economically dependent workers with a specific nature within the period of adaptation of these contracts in the third transitional period for the transport sectors. and of the insurance agents.

The final disposition first establishes the title of competence that enables the State to dictate this Law. In particular, the law is dictated by the provisions of article 149.1.5., legislation on administration of justice, 6. ª, commercial and procedural law, 7. the law of the labour law, 8. the law, civil legislation and 17. Economic and Social Security.

The second final provision contains the general principle of the Toledo Pact to achieve equal contributions, rights and obligations of self-employed workers to employed persons included in the scheme. General.

The third final provision enables the Government to dictate the regulatory enforcement and development provisions necessary for the implementation of the Act.

The fourth final provision states that the Government shall report to the General Courts annually on the implementation of the provisions contained in this Law, incorporating in that report the opinion of the Organs Consultative.

The fifth final provision establishes a one-year deadline for the regulatory development of the Act as regards the employment contract of economically dependent self-employed workers.

Final provision sixth establishes a three-month "vacatio legis", which is considered appropriate for the entry into force of the Act.

TITLE I

Subjective application scope

Article 1. Assumptions included.

1. This Law shall apply to natural persons who are habitually, personally, directly, self-employed and outside the scope of the management and organisation of another person, an economic or professional activity for a profit, or no occupation of employed persons.

This Law shall also apply to the work, carried out on a regular basis, by family members of the persons defined in the preceding paragraph who do not have the status of employed persons, in accordance with the provisions of the Article 1.3.e) of the recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March.

2. They are expressly stated within the scope of this Law, provided that they comply with the requirements referred to in the previous paragraph:

(a) The industrial partners of collective regular societies and communities.

(b) Community members of the property communities and members of irregular civil society, unless their activity is limited to the mere administration of the goods in common.

(c) Those who exercise the functions of management and management that carry out the performance of the office of an adviser or administrator, or provide other services for a capitalist commercial society, in a lucrative and usual manner, personal and direct, when they have the effective, direct or indirect control of that, in the terms provided for in the additional twenty-seventh provision of the recast text of the General Law of Social Security approved by Royal Decree Legislative 1/1994 of 20 June.

(d) The economically dependent self-employed persons referred to in Chapter III of Title II of this Law.

e) Any other person who complies with the requirements set out in Article 1.1 of this Law.

3. The inclusions referred to in the previous paragraph shall be without prejudice to the application of their respective specific rules.

4. This Law shall apply to foreign self-employed workers who meet the requirements of the Organic Law 4/2000 of 11 January 2000 on the rights and freedoms of foreigners in Spain and their social integration.

Article 2. Excluded assumptions.

It shall be expressly excluded from the scope of this Law, those services that do not comply with the requirements of Article 1.1, and in particular:

(a) The relationships of employment as referred to in Article 1.1 of the recast of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March.

(b) The activity which is purely and simply limited to the performance of the position of an adviser or member of the administrative bodies in undertakings which review the legal form of a company, in accordance with the provisions of the Article 1.3.c) of the recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March.

(c) Special employment relations referred to in Article 2 of the recast of the Law on the Workers ' Statute, adopted by Royal Legislative Decree 1/1995 of 24 March and provisions of the Law of 24 March 1995. complementary.

TITLE II

Autonomous worker's professional regimen

CHAPTER I

Sources of the professional regime

Article 3. Sources of the professional regime.

1. The professional status of the self-employed worker shall be governed by:

(a) The provisions referred to in this Law, in so far as they do not object to the specific legislation applicable to their activity as well as to the other applicable laws and regulations that are applicable.

(b) The common rules on the civil, commercial or administrative procurement of the corresponding legal relationship of the self-employed worker.

(c) The covenants established individually by contract between the self-employed worker and the client for whom he or she develops his or her professional activity. The clauses set out in the individual contract contrary to the necessary legal provisions shall be construed as null and void.

d) Local and professional uses and customs.

2. Agreements of professional interest will also be the source of the professional regime of economically dependent self-employed workers.

Any clause in the individual contract of an economically dependent self-employed worker affiliated with a trade union or associated with an autonomous organisation shall be void if it contravene the provisions of an agreement of interest a professional signed by that trade union or association which applies to such a worker for having given his consent.

3. Under the provisions of the final provision of the recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, the work carried out on its own account will not be subject to the labour law, except in those aspects which are expressly provided for by law.

CHAPTER II

Autonomous Worker's Common Professional Regime

Article 4. Professional rights.

1. Self-employed workers are entitled to the exercise of fundamental rights and public freedoms recognised in the Spanish Constitution and in international treaties and agreements ratified by Spain on the subject.

2. The self-employed worker has the following individual basic rights, with the content and scope that for each of them has their specific regulations:

a) Right to work and free choice of profession or trade.

b) Freedom of economic initiative and right to free competition.

c) Right of intellectual property over its protected works or benefits.

3. In the exercise of their professional activity, self-employed workers have the following individual rights:

(a) To equality before the law and not to be discriminated against, directly or indirectly, by reason of birth, racial or ethnic origin, sex, marital status, religion, belief, disability, age, sexual orientation, use of any of the official languages within Spain or any other personal or social conditions or circumstances.

(b) Not to be discriminated against for reasons of disability, in accordance with the provisions of Law 51/2003 of 2 December 2003 on equal opportunities, non-discrimination and universal accessibility for persons with disabilities. disability.

(c) Respect for their privacy and consideration due to their dignity, as well as adequate protection against sexual harassment and harassment on grounds of sex or any other circumstance or personal or social condition.

d) To vocational training and retraining.

e) To their physical integrity and adequate protection of their health and safety at work.

(f) To the punctual perception of the economic consideration agreed by the professional exercise of its activity.

g) To the reconciliation of their professional activity with personal and family life, with the right to suspend their activity in the situations of maternity, paternity, risk during pregnancy, risk during breastfeeding and adoption or a permanent or a permanent or simple agreement in accordance with the Civil Code or the civil laws of the Autonomous Communities which regulate it, provided that its duration is not less than one year, even if these are provisional, in the terms provided for in the Social Security legislation.

(h) To adequate social assistance and benefits in situations of need, in accordance with the legislation of social security, including the right to protection in situations of maternity, paternity, risk during pregnancy, risk during breastfeeding and adoption or acceptance, both pre-adopted and permanent or simple, in accordance with the Civil Code or the civil laws of the Autonomous Communities that regulate it, provided that its duration is not less than one year, even if these are provisional.

i) To the individual exercise of the actions arising from his or her professional activity.

j) To the effective judicial protection of their professional rights, as well as access to the extrajudicial means of conflict resolution.

k) Other than those arising out of the contracts for which they were concluded.

Article 5. Basic professional duties.

The following are basic professional duties for self-employed workers:

(a) comply with the obligations arising out of the contracts concluded by them, in accordance with them, and with the consequences which, according to their nature, are in accordance with good faith, uses and law.

(b) Meet the security and occupational health obligations that the law or the contracts that they have signed them impose on them, as well as follow the collective rules derived from the place of provision of services.

c) Affiliate, communicate the ups and downs and list the Social Security regime in the terms provided for in the relevant legislation.

d) Meet legally established tax and tax obligations.

e) Meet any other obligations arising from the applicable legislation.

f) Comply with the deontological standards applicable to the profession.

Article 6. Right to non-discrimination and guarantee of fundamental rights and public freedoms.

1. Public authorities must ensure the effectiveness of the fundamental rights and public freedoms of the self-employed.

2. The public authorities and those who engage in the professional activity of self-employed workers are subject to the prohibition of discrimination, both direct and indirect, of such workers, for the reasons set out in Article 4 (3) (a) of the Treaty. This Law. The prohibition of discrimination will affect both the free economic initiative and the recruitment, as well as the conditions of professional practice.

3. Any self-employed worker, associations representing him or the trade unions who consider their fundamental rights to be injured or the concurrence of discriminatory treatment may seek the protection of the right to the court order competent by reason of the matter, by means of a summary and preferential procedure. If the court finds evidence of the infringement of the right to be denounced, it shall declare the radical annulment and the immediate cessation of the conduct and, where appropriate, the replacement of the situation at the time before it has taken place, as well as the repair of the consequences arising from the act.

4. Contractual clauses which infringe the right to non-discrimination or any fundamental right shall be null and void and shall be without prejudice. The judge who declares the invalidity of such clauses shall integrate the contract in accordance with the provisions of Article 1258 of the Civil Code and, where appropriate, determine the appropriate compensation for the damage suffered.

5. In relation to the right to equality and non-discrimination on grounds of sex, it will be foreseen in the Organic Law 3/2007 of 22 March for the effective equality of women and men.

Article 7. Form and duration of the contract.

1. Contracts which are designed by self-employed workers in respect of their professional activities may be concluded in writing or in words. Each party may require the other, at any time, to formalise the contract in writing.

2. The contract may be concluded for the execution of a work or series of them, or for the provision of one or more services and shall have the duration of the parties ' agreement.

Article 8. Prevention of occupational risks.

1. The competent public authorities will play an active role in the prevention of occupational risks for the self-employed, through activities to promote prevention, technical advice, supervision and control of the workforce. compliance by self-employed workers with the rules on the prevention of occupational risks.

2. Competent Public Administrations shall promote training in specific prevention and adapted to the peculiarities of self-employed workers.

3. Where, in the same workplace, self-employed workers and workers from other companies or other undertakings are engaged in activities, as well as when self-employed workers carry out their professional activities at the premises or work centres of the undertakings concerned. for which they provide services, the duties of cooperation, information and instructions provided for in Article 24 (1) and (2) of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks shall apply to all of them.

4. Companies which employ self-employed workers to carry out works or services corresponding to the activities themselves, and which are carried out in their own work centres, must monitor compliance with the legislation of the Member States. prevention of occupational risks by these workers.

5. Where self-employed persons are required to operate machinery, equipment, products, materials or supplies provided by the undertaking for which they carry out their professional activity, but do not carry out such activity in the workplace of such an undertaking, the latter assume the obligations set out in the last paragraph of Article 41.1 of Law 31/1995 of 8 November on the Prevention of Occupational Risks.

6. In the event that the undertakings fail to comply with the obligations laid down in paragraphs 3 to 5 of this Article, they shall bear the compensation obligations for damage caused, provided that there is direct causal link between them. defaults and damages and damages caused.

The liability of the payment established in the preceding paragraph, which shall be directly borne by the offending employer, shall be irrespective of whether the self-employed person has received or not paid for the benefits professionals.

7. The self-employed worker shall have the right to discontinue his activity and to leave the place of work where he considers that such activity poses a serious and imminent risk to his or her life or health.

8. The provisions of this Article shall apply without prejudice to the legal obligations laid down for self-employed workers with employees in their capacity as employers.

Article 9. Child protection.

1. Children under 16 years of age will not be able to carry out self-employment or professional activity, even for their family members.

2. By way of derogation from the foregoing paragraph, in the case of services provided in public spectacles, the provisions of Article 6.4 of the recast of the Law of the Workers ' Statute, approved by Royal Decree, shall be as laid down in Article 6.4. legislative 1/1995, of 24 March.

Article 10. Economic guarantees.

1. Self-employed workers are entitled to the perception of economic consideration for the performance of the contract in the agreed time and form and in accordance with the provisions of Law 3/2004 of 29 December, which provides for measures to fight against late payment in commercial transactions.

2. Where the self-employed person carries out his professional activity for a contractor or subcontractor, he shall take action against the principal employer, up to the amount of the debt owed to him by the employer at the time of the complaint, except in the case of buildings, repairs or services contracted within the family home.

3. As regards the guarantee of the recovery of the credits for the personal work of the self-employed worker, the provisions of the civil and commercial rules on privileges and preferences, as well as in Law 22/2003 of 9 July, Conjucito, will be In any case, economically dependent self-employed workers subject to the general privilege situation referred to in Article 91.3 of that Act.

4. The self-employed worker shall be liable for his obligations with all his present and future assets, without prejudice to the inembargability of the goods laid down in Articles 605, 606 and 607 of Law 1/2000 of 7 January of Civil Procedure.

5. For the purposes of the satisfaction and recovery of the debts of a tax nature and any type of debt that is the subject of the revenue management in the field of the Social Security System, administratively embargoed a real estate, if the Self-employed person shall prove that it is a dwelling which constitutes his habitual residence, the execution of the embargo shall be conditional, first of all, on the fact that other goods of the debtor are not known to be sufficient of immediate implementation in the executive procedure, and secondly, that between the notification of the first due diligence and the material performance of the auction, the contest or any other administrative means of disposal mediate the minimum period of one year. This period shall not be interrupted or suspended, in any event, in the case of extensions of the original embargo or in cases of extension of the register.

CHAPTER III

Economically dependent self-employed worker scheme

Article 11. Concept and subjective scope.

1. The economically dependent self-employed persons referred to in Article 1.2.d of this Law are those who carry out an economic or professional activity in a lucrative and usual manner, personal, direct and predominant. for a natural or legal person, referred to as a client, on whom he or she is economically dependent for receiving at least 75% of his income from income from work and economic or professional activities.

2. For the performance of economic or professional activity as an economically dependent self-employed worker, the latter must simultaneously meet the following conditions:

(a) Not to be employed as an employed person or to contract or subcontract part or all of the activity with third parties, both in respect of the activity contracted with the client of which it is economically dependent and of the activities that you can hire with other clients.

b) Do not execute your activity in an undifferentiated manner with the workers who provide services in any form of employment for the client.

c) Dispose of own productive and material infrastructure, necessary for the exercise of the activity and independent of those of its client, when in such activity they are economically relevant.

d) Develop your activity with your own organizational criteria, without prejudice to the technical information you may receive from your client.

e) perceiving an economic consideration according to the outcome of its activity, in accordance with the agreement with the client and assuming risk and venture of that.

3. Holders of commercial and industrial establishments or premises and offices and offices open to the public and professionals who pursue their profession jointly with others on a corporate basis or under any other legal form In no case will they have the consideration of economically dependent self-employed workers.

Article 12. Contract.

1. The contract for the performance of the professional activity of the economically dependent self-employed worker concluded between him and his client must always be completed in writing and must be registered in the relevant public office. Such registration shall not be public.

The characteristics of these contracts and of the Register in which they must be registered will be regulated, as well as the conditions for the legal representatives of the workers to have access to the information the contracts that your company holds with economically dependent self-employed workers. Such information shall in any event be excluded from the national identity card number, the address, the marital status and any other information which, in accordance with the Organic Law 1/1982 of 5 May, may affect personal privacy.

2. The self-employed worker must expressly state in the contract his status as a dependent economically dependent on the client who contracts him, as well as the variations which have taken place in this respect. The dependent condition can only be held against a single client.

3. In the case of a self-employed worker who contracts with a number of clients his professional activity or the provision of his services, where there is a situation arising from the self-employed worker, the consequence of which will be compliance with the conditions laid down in Article 11, the contract signed between the two parties shall be fully respected until the contract is extinguished, unless they agree to amend it in order to update it to the new conditions which correspond to an economically dependent self-employed worker.

4. Where a fixed term or service has not been fixed in the contract, it shall be presumed, unless proof to the contrary, that the contract has been agreed for an indefinite period.

Article 13. Agreements of professional interest.

1. The agreements of professional interest provided for in Article 3 (2) of this Law, concluded between the associations or trade unions representing the economically dependent self-employed workers and the undertakings for which the carry out their activities may lay down the conditions for the manner, time and place of execution of such activity, as well as other general conditions of employment. In any event, agreements of professional interest shall observe the limits and conditions laid down in the law of defence of competition.

2. Agreements of professional interest must be in writing.

3. The provisions of agreements of professional interest contrary to the necessary legal provisions of law shall be construed as null and void.

4. Agreements of professional interest shall be agreed under the provisions of the Civil Code. The personal effectiveness of such agreements shall be limited to the signatory parties and, where appropriate, to the associations of self-employed persons or trade unions who have expressly given their consent.

Article 14. Day of the professional activity.

1. The economically dependent self-employed worker shall be entitled to an interruption of his/her annual activity of 18 working days, without prejudice to the fact that such a scheme can be improved by contract between the parties or by means of agreements of interest professional.

2. An individual contract or an agreement of professional interest shall determine the weekly rest period and the period corresponding to the public holidays, the maximum amount of the working day and, in the case of the same period, for each month or year. weekly distribution.

3. The performance of the activity for longer than the contractually agreed upon will be voluntary in any case, not being able to exceed the maximum increase established by agreement of professional interest. In the absence of an agreement of professional interest, the increase may not exceed 30% of the ordinary time of activity individually agreed.

4. The business hours shall be adapted to the effect of reconciling the personal, family and professional life of the economically dependent self-employed worker.

5. The economically dependent self-employed worker who is a victim of gender-based violence will be entitled to the adaptation of the business hours in order to make her protection effective or her right to comprehensive social assistance.

Article 15. Contractual extinction.

1. The contractual relationship between the parties shall be extinguished by one of the following circumstances:

a) Mutual agreement of the parties.

(b) Causes validly entered in the contract, unless they constitute abuse of manifest law.

c) Death and retirement or invalidity incompatible with professional activity, in accordance with the relevant Social Security legislation.

d) The dismising of the economically dependent self-employed worker, in such a case, to mediate the notice stipulated or according to the uses and customs.

e) Will of the economically dependent self-employed worker, founded on a serious contractual default of the counterparty.

f) The client's will for justified reasons, and must mediate the notice stipulated or according to the uses and customs.

g) By decision of the economically dependent self-employed worker who is forced to extinguish the contractual relationship as a result of being a victim of gender-based violence.

h) Any other legally established cause.

2. Where the contractual judgment is produced by the will of one of the parties established in a contractual breach of the other party, the person who resolves the contract shall be entitled to receive the corresponding compensation for the damages

3. Where the termination of the contract occurs at the discretion of the client without justified cause, the economically dependent self-employed worker shall be entitled to receive the compensation provided for in the preceding paragraph.

If the decision is made by withdrawal of the economically dependent self-employed worker, and without prejudice to the notice provided for in paragraph 1 (d) of this Article, the client may be compensated when Such withdrawal will cause material injury to the normal development of its activity.

4. Where the party entitled to the allowance is the economically dependent self-employed worker, the amount of the allowance shall be that laid down in the individual contract or in the agreement of professional interest resulting from application. In cases where they are not regulated, for the purposes of determining their value, consideration shall be given, inter alia, to the expected remaining time of the contract, the seriousness of the customer's non-compliance, investments and expenses. anticipated by the economically dependent self-employed worker linked to the execution of the contracted professional activity and the notice period granted by the client on the date of termination of the contract.

Article 16. Justified disruptions of professional activity.

1. Duly justified reasons for interruption of the activity by the economically dependent worker shall be considered as:

a) Mutual agreement of the parties.

b) The need to address urgent, over-venerated and unpredictable family responsibilities.

(c) The serious and imminent risk to the life or health of the self-employed worker, as provided for in Article 8 (7) of this Law.

d) Temporary capacity, maternity or paternity.

e) The situation of gender-based violence, so that the economically dependent self-employed worker effectively makes their protection or their right to comprehensive social assistance effective.

f) Force majeure.

2. Other causes of justified interruption of professional activity may be laid down by contract or agreement of professional interest.

3. The reasons for interruption of the activity provided for in the preceding paragraphs may not be based on the contractual termination of the customer's wishes provided for in paragraph 1 (f) of the preceding Article, all without prejudice to other factors. effects which the parties may agree on for such cases. If the customer terminated the contract, such a circumstance would be considered as a lack of justification for the purposes of paragraph 3 of the previous article.

However, where, in the cases referred to in points (d) and (f) of paragraph 1, the interruption causes material injury to the customer which paralyse or disturbs the normal development of his business, it may be considered as the termination of the contract, within the meaning of point (f) of paragraph 1 of the previous Article.

Article 17. Jurisdictional jurisdiction.

1. The courts of the social order shall be competent to hear the claims arising out of the contract concluded between an economically dependent self-employed worker and his client.

2. The courts of the social order shall also be competent to hear about all matters arising from the application and interpretation of agreements of professional interest, without prejudice to the provisions of the competition.

Article 18. Non-jurisdictional dispute settlement procedures.

1. It will be a prerequisite for the processing of legal proceedings in relation to the professional regime of economically dependent self-employed workers to seek conciliation or mediation before the administrative body which takes over functions. However, for such purposes, agreements of professional interest referred to in Article 13 of this Law may institute specific conflict resolution bodies.

2. The non-jurisdictional dispute settlement procedures shall be based on the principles of gratuitousness, speed, agility and effectiveness.

3. What is agreed in agreement will have executive force between the parties involved, without the need for ratification before the judicial body, which can be carried out by the process of execution of sentences.

4. The parties may also submit their discrepancies to voluntary arbitration. The equally firm arbitration awards will be deemed to be equal to the final judgments. The arbitration procedure shall be subject to the agreement between the parties or the regime which may be established by agreement of professional interest, on the understanding that the regulation contained in Law 60/2003, of 23 of the In December, the Court of Arbitration, Law 16/1987 of 30 July, of Land Transport Management or any other specific or sectoral legislation.

TITLE III

Autonomous worker collective rights

Article 19. Basic collective rights.

1. Self-employed workers are rights holders to:

a) Affiliate to the trade union or business association of your choice, in the terms set out in the relevant legislation.

b) Affiliate and found specific professional associations of self-employed workers without prior authorisation.

c) Exercise the collective activity of defending their professional interests.

2. Associations of self-employed workers are holders of rights of a collective nature to:

(a) Constitutions, confederations or unions, prior to the fulfilment of the requirements required for the formation of associations, with the express agreement of their competent bodies. They will also be able to establish the links they consider appropriate with trade union organisations and business associations.

b) Concerting agreements of professional interest to economically dependent self-employed workers affiliated to the terms provided for in Article 13 of this Law.

c) To exercise the collective protection and protection of the professional interests of the self-employed.

d) Participate in the non-jurisdictional systems for the solution of collective disputes of self-employed workers when provided for in agreements of professional interest.

3. The representative associations of self-employed workers shall also be subject to the powers laid down in Article 21.5 of this Law.

4. Without prejudice to the powers of the trade unions in the exercise of the right to freedom of association, they shall enjoy, in addition, all the rights in paragraph 2 of this Article in respect of their affiliated self-employed workers.

Article 20. Right of professional association for self-employed workers.

1. The professional associations of self-employed workers will be constituted and governed by the provisions of the Organic Law 1/2002 of 22 March, regulating the law of association and its implementing rules, with the specialties provided for in the present Law.

2. These associations, in whose name and statutes will be referred to their subjective and objective specialty, will have the purpose of defending the professional interests of the self-employed and complementary functions. (a) to develop any lawful activities intended for this purpose. In no case will they be able to profit. They will enjoy autonomy in the face of public administrations, as well as any other public or private individuals.

3. Irrespective of the provisions of Article 10 of the Organic Law 1/2002 of 22 March 2002, the association of professional associations of self-employed workers must register and deposit their statutes in the register. (a) special public office established for the purpose in the Ministry of Labour and Social Affairs or the corresponding Autonomous Community, in which the association mainly develops its activity. Such registration shall be specific and distinct from that of any other trade union, business or other organization which may be subject to registration by that public office.

4. Such associations may be declared to be of public utility as provided for in Articles 32 to 36 of the Organic Law 1/2002 of 22 March 2002, which is a regulatory body for the law of association.

5. Such professional associations may only be suspended or dissolved by a firm decision of the judicial authority founded in serious breach of the laws.

Article 21. Determination of the representativeness of the self-employed workers ' associations.

1. Without prejudice to the representation of their members and to the effects of the provisions of this Article and the following, they shall have the consideration of professional associations representative of the self-employed persons who, registered in the special register established for this purpose, they demonstrate sufficient deployment in the territorial area in which they operate. This implementation must be established by means of objective criteria which can be deduced from the representativeness of the association, including the degree of affiliation of self-employed workers to the association, the number of associations with which agreements or agreements of representation or other nature, human and material resources, agreements of professional interest in which they have participated have been signed, the presence of permanent seats in their field of action and any other criteria of a similar nature and of a target nature. These criteria shall be developed by a regulatory standard.

2. The status of representative association in the state sphere shall be declared by a Council composed of officials of the General Administration of the State and by experts of recognized prestige, impartial and independent. The composition of such a Council shall be determined, which shall in any case be composed of an odd number of members, not exceeding five, as well as its functions and operating procedure.

3. Decisions given by the Council referred to in the preceding paragraph shall be directly subject to the Administrative-Administrative Jurisdiction.

4. The representative capacity recognized in this article to the associations of self-employed workers may be exercised in the field of territorial action of the corresponding association.

5. The representative associations of the self-employed and the most representative trade union organisations, in accordance with Articles 6 and 7 of the Organic Law 11/1985 of 2 August, on Freedom of Association, shall enjoy a legal position. singular, which gives them legal capacity to act on behalf of the self-employed to:

(a) To provide institutional representation to the Public Administrations or other entities or bodies of a State or Autonomous Community that have it planned.

b) To be consulted when public administrations design public policies that have an impact on self-employment.

c) Manage public programs aimed at the self-employed in the legally provided terms.

d) Any other function that is legally or regulatively established.

Article 22. Autonomous Work Tip.

1. The Autonomous Labour Council is constituted under the provisions of Article 42 of the Organic Law 1/2002 of 22 March, a regulator of the Law of Association, as an advisory body of the Government in socio-economic and professional matters. stand-alone work.

2. These are Council functions:

a) Issue your opinion with optional character on:

1. The anteprojects of Royal Decrees laws or projects that have an impact on self-employment. In the event of any amendments which may affect the Autonomous Working Statute, the report shall be of a mandatory nature.

2. The design of public policies of a state nature in the field of autonomous work.

3. Cuisine other matters to be subject to consultation by the Government of the Nation or its members.

b) Develop, at the request of the Government of the Nation or its members, or on its own initiative, studies or reports related to the field of its competences.

c) Develop your internal operating rules.

d) Any other competencies that are legally or legally attributed to you.

3. The Autonomous Labour Council shall be composed of representatives of the professional associations of representative self-employed workers whose scope of action is inter-sectoral and state, by the trade unions and employers ' organisations. representative and representatives of the General Administration of the State, the Autonomous Communities and the most representative Local Entities Association at the State level.

If the Autonomous Work Councils were to be constituted, it will be part of the Autonomous Work Council, a representative appointed by each of the existing regional councils.

4. The Presidency of the Council shall be the responsibility of the Secretary-General for Employment and, by delegation, the Director-General of the Social Economy, Autonomous Labour and the European Social Fund.

5. The appropriations necessary for its operation shall be entered in the budgets of the Ministry of Labour and Social Affairs.

6. The composition and the working arrangements of the Council shall be regulated.

7. The Autonomous Communities may constitute, in their territorial field, Advisory Councils in the socio-economic and professional fields of self-employment. They may also regulate the composition and operation of the composition.

TITLE IV

Social protection of the self-employed worker

Article 23. The right to social security.

1. In accordance with Article 41 of the Constitution, persons engaged in a professional or economic activity on their own or self-employed basis shall be entitled to the maintenance of a public social security scheme, which guarantees them assistance and social benefits sufficient in situations of need. Supplementary benefits shall be free.

2. The protection of self-employed or self-employed persons shall be used by means of a single scheme, which shall be called the Special Scheme for the Social Security of Workers for the Account of Own or Self-Employed, without prejudice to certain Specific groups of self-employed workers, because of their membership of a particular economic sector, are covered by other social security schemes.

Article 24. Social Security affiliation.

Affiliation to the Social Security system is compulsory for self-employed or self-employed workers, and only for their professional life, without prejudice to the high and low in the different systems that make up the system. of Social Security, as well as any other variations that may arise after membership.

Article 25. Social Security contribution.

1. The contribution is compulsory in the Special Regime of Social Security of the Workers for Account Own or Autonomous in the terms provided for in Article 15 of the recast text of the General Law of Social Security approved by the Royal Legislative Decree 1/1994, of 20 June, and other development provisions.

2. The Act may lay down differentiated rates for economically dependent self-employed workers.

3. The Law may provide for reductions or bonuses in the basis of contributions or in the Social Security contributions for certain groups of self-employed workers in the care of their personal characteristics or professional characteristics. of the activity performed.

Article 26. Protective action.

1. The protective action of the Special System of Social Security of the Workers for Account or Autonomy, in the terms and in accordance with the conditions laid down legally, shall in any case include:

(a) Health care in cases of maternity, common or occupational disease and accidents, whether or not they work.

b) Economic benefits in situations of temporary incapacity, risk during pregnancy, maternity, paternity, risk during breast-feeding, permanent incapacity, retirement, death and survival and family members child in charge.

2. The benefits of social services shall be those laid down by law and shall in any event include benefits in the field of re-education, rehabilitation of persons with disabilities, third age and recovery assistance. professional.

3. Economically dependent self-employed workers must, within the scope of the protective action of social security, have to incorporate the coverage of temporary incapacity and accidents at work and diseases. Social Security professionals.

For the purposes of this coverage, an accident of work shall mean any bodily injury to the economically dependent self-employed worker who is suffering on the occasion or as a result of the professional activity, accident at work, which the worker is suffering from, or returning from the place of, or because of, the performance of the activity. Unless otherwise tested, it shall be presumed that the accident is not related to the work when it has occurred outside the development of the professional activity concerned.

4. Public authorities shall promote policies which encourage continuity in the pursuit of the profession, work or economic activity of the self-employed, once the ordinary retirement age has been met. However, in the light of the toxic, dangerous or distressing nature of the activity exercised, and in the terms which are regulated, the self-employed persons concerned who fulfil the conditions laid down for the right to Retirement pension, with the exception of age, may be granted in respect of early retirement, in the same cases and groups for which that right is established in respect of employed persons.

In this sense, self-employed persons with disabilities will be understood to be in the same conditions as employed persons.

5. The protective action of the public social security scheme for self-employed workers will tend to converge in contributions, rights and benefits with the existing one for employed persons in the General Safety Regime. Social.

TITLE V

Promoting and promoting stand-alone work

Article 27. Self-employment promotion policy.

1. The public authorities, in the field of their respective competences, shall adopt policies to promote self-employed work for the establishment and development of self-employed economic and professional initiatives.

2. These policies will, in particular, be implemented in measures aimed at:

a) Remove obstacles that prevent the start and development of an economic or professional activity on a self-employed basis.

b) Facilitate and support the various autonomous work initiatives.

c) Establish exemptions, reductions, or bonuses in Social Security contributions.

d) Promote entrepreneurship and spirit.

e) Promoting vocational training and retraining.

f) Provide the necessary technical information and advice.

g) Facilitate access to technological and organizational innovation processes so that productivity of work or service is improved.

h) Create an environment that encourages the development of economic and professional initiatives in the framework of self-employment.

i) Support entrepreneurs in the field of innovative activities linked to new fields of employment, new technologies or activities of public, economic or social interest.

3. The development of this policy of promoting self-employment will tend to achieve the effectiveness of equal opportunities for women and men, and will pay particular attention to the groups of people who are disadvantaged or not represented, among which persons with disabilities are in a preferred place.

Article 28. Vocational training and technical advice.

1. The promotion of self-employment will be directed, in particular, to integrate within the education system and, in particular, the vocational training system, the promotion of self-employment, the promotion of vocational training and retraining self-employed workers, facilitating their access to vocational training programmes, which will be geared towards improving their vocational training and the development of their managerial skills.

2. The promotion of self-employment will also address the needs of information and technical advice for its creation, consolidation and renewal, promoting, for these purposes, the formulas for communication and cooperation between self-employed people.

Article 29. Financial support for economic initiatives.

1. The public authorities, in the field of their respective competences and in the framework of the commitments made in the European Union, will adopt financial support programmes for the economic initiatives of the entrepreneurial people.

2. The preparation of these programmes will address the need for the protection of groups with special difficulties in access to the labour market, the guarantee of the future viability of the beneficiary projects, as well as the need for evaluation. the effects of the economic aid on the proposed objectives.

3. The public authorities will promote the promotion of self-employment through an appropriate fiscal policy.

Additional disposition first. Amendment of the recast text of the Law of Labor Procedure, approved by Royal Legislative Decree 2/1995, of April 7.

The recast text of the Law of Labor Procedure approved by Royal Legislative Decree 2/1995, of April 7, is amended as follows:

One. Article 2 (p) is worded as follows:

"p) in relation to the professional regime, both in its individual and collective aspects, of the economically dependent self-employed workers referred to in the Law of the Statute of the Autonomous Work."

Two. A new point (q) is inserted in Article 2 with the following content:

"q) with respect to any other issues that are attributed to them by rules with a range of Law."

Three. Article 16 (2) is amended as follows:

" 2. Workers over the age of 16 and under 18 shall be entitled to legal proceedings in respect of the legitimate rights and interests arising from their employment contracts and the relationship of social security when they are not legally required to the conclusion of such contracts shall be the authorization of their parents, guardians or of the person or institution who is in charge of them, or have obtained authorization to hire their parents, guardians or any person or institution who is in charge of them in accordance with the labour law or civil or commercial law respectively. Economically dependent self-employed workers over the age of 16 years shall also be in a procedural capacity. "

Four. A paragraph 3 is added to Article 17, which is worded as follows:

" 3. The self-employed workers ' organizations shall have the right to defend the agreements of professional interest for which they are signed. "

Five. New wording is given to Article 63, which is worded as follows:

" Article 63.

It will be a prerequisite for the processing of the process the attempt to reconcile before the corresponding administrative service or to the organ that assumes these functions that can be constituted by the agreements interprofessional or collective agreements referred to in Article 83 of the recast of the Law on the Staff Regulations, as well as the agreements of professional interest referred to in Article 13 of the Law on the Statute of the Workers ' Stand-alone Work. "

Additional provision second. Reductions and bonuses in quotes.

1. The Law will establish reductions and bonuses in the contribution to Social Security for the following groups of self-employed workers:

(a) Those who, on the basis of another activity, are listed, together with the basis of contributions, above the maximum basis of the General Social Security Scheme.

b) People with disabilities who perform a stand-alone job.

(c) Self-employed persons engaged in the activity of street selling or for sale at home.

d) Those collectives that are legally or regulatively determined.

2. The competent public authorities may conclude agreements with social security in order to encourage the reduction of the contributions of persons who, under autonomy, are engaged in craft or artistic activities.

Additional provision third. Coverage of temporary incapacity and professional contingencies in the Social Security System of Workers for the Account of Own or Self-Employed.

1. From the first day of January of the year following the entry into force of this Law, self-employed persons or self-employed persons who have not opted to cover temporary incapacity benefits shall be required to do so. compulsory, provided that they do not have the right to such benefit because of the activity carried out in another Social Security Scheme.

In the same way, the previous date will be taken for the entry into force of the contribution obligation set out in point 3 of Article 26 of this Law.

2. The Government will determine those professional activities carried out by self-employed workers with a higher risk of accidents, in which the coverage of accidents at work and accidents will be compulsory. occupational diseases of social security. In such cases, the provisions of Article 26 (3) shall apply.

3. The provisions of the preceding paragraphs shall not apply to the agricultural own-account workers incorporated in the "Special System of Agricultural Workers for Own Account", for whom the coverage of temporary incapacity and of the Professional contingencies will continue to be voluntary coverage.

Additional provision fourth. Provision by cessation of activity.

The Government, provided that the principles of contributivity, solidarity and financial sustainability are guaranteed, and responds to the needs and preferences of the self-employed, will propose to the General Cortes the Regulation of a specific system of protection by cessation of activity for the same, depending on their personal characteristics or the nature of the activity carried out.

The link between the provision for a cessation of activity will be carried out in such a way that, in the cases where it is to be applied in the age of the legal retirement age, its application will ensure, in combination with the anticipation of the retirement age in specific circumstances referred to in the General Law of Social Security, which the level of protection provided is the same, in cases equivalent to career contributions, contributory effort and (a) the effect of the aid on the part of the State in which the aid is paid; non-contributory level.

Public Administrations may, for duly justified economic policy reasons, co-finance eesc plans for specific sectors or economic sectors.

Additional provision fifth. Professionals incorporated into alternative Social Welfare Mutual Social Security.

The provisions of Article 23 (2), Articles 24 to 26 and paragraph (c) (2) of Article 27, as well as the second and third provisions and the second provision of this Law shall not apply to self-employed or self-employed persons who, in the terms laid down in the additional 15th of Law 30/1995, for the supervision and management of private insurance, have opted for or opted for the future to be assigned to the Mutual Social Welfare Mutual Social Security of the Professional College to which belong to and act as an alternative to the Special Regime for Social Security of Workers for Own or Self-Employed.

Additional provision sixth. Autonomous Communities.

For the purposes of Article 21 (5) of this Law, the Autonomous Communities shall determine the representativeness of the associations of self-employed workers in accordance with the criteria referred to in Article 21.1. of the same and shall create, in its territorial scope, the special register as provided for in Article 20.3 of this Law.

Additional provision seventh. Updating quotes.

The General Budget Law of the State may establish the differentiated rates, reductions or bonuses referred to in Article 25 and the additional provision of this Act.

Additional disposition octave. Participation of the self-employed in the Economic and Social Council.

The Government will consider the presence of self-employed workers in the Economic and Social Council taking into account:

1. The evolution of the Autonomous Work Council in the representation of the same.

2. The Economic and Social Council's mandatory report on the composition of the Economic and Social Council should be carried out in the shortest possible time.

Additional provision ninth. Single payment of unemployment benefit.

The government within one year will draw up a study on the evolution of the single payment measure for unemployment benefit for the start of self-employed activities, if the result is favourable for the creation of Self-employment, it will extend the current percentages of the capitalisation of unemployment benefit to finance the investment.

Additional provision 10th. Social security framework for the family of self-employed workers.

Self-employed workers will be able to hire children under the age of thirty, as employed workers, even if they live with it. In this case, the scope of the protective action provided to the contracted family members will be excluded from the unemployment coverage.

Additional provision eleventh. Self-employed workers in the transport sector.

In accordance with the provisions of Article 1.3 (g) of the Recast Text of the Workers ' Statute, approved by Royal Decree-Law 1/1994 of 24 March, they are considered to be included in the field governed by this Law. persons providing the service of transport under administrative authorisations for which they are holders, made by means of the corresponding price with commercial vehicles of public service whose ownership or direct power of provision is made, even if such services are carried out on a continuous basis for the same charger or marketer.

In this case, they shall be economically dependent self-employed persons referred to in Article 1.2 (d) of this Law, those who comply with the provisions of Article 11.1 and 11.2 (a) of this Act.

Additional disposition twelfth. Participation of self-employed workers in training programmes and occupational risk prevention information.

In order to reduce the accident and avoid the appearance of occupational diseases in the respective sectors, the representative associations of the self-employed workers and the trade unions representative may carry out permanent programmes of information and training corresponding to that collective, promoted by the competent public administrations in the field of occupational risk prevention and the repair of consequences of accidents at work and occupational diseases.

Additional disposition thirteenth. Adaptation of the General Law of Social Security.

Paragraph 1 of the additional 30th of the Recast Text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June, introduced by Article 5 of Law 36/2003, of 11 December, and amended by the additional 44th provision. Three of the Law No 2/2004 of 27 December 2005 on the General Budget of the State for the year 2005 is amended as follows:

Where he says: "from January 1, 2005."

You must say: "from the entry into force of the Autonomous Work Statute".

Where it says: "25 per 100".

You must say: "30 per 100".

Where he says: "for the 12 months immediately ...".

You must say: "for the 15 months immediately ...".

Where he says: "in the following 12 months ...".

You must say: "in the following 15 months ...".

Additional disposition fourteenth. Sectoral study of autonomous work.

The government will, within one year, prepare a study on the sectors of activity that have a special impact on the collective of self-employed workers, including, among others, the following aspects:

1. The effects of the specific characteristics of each sector on the terms of the work (remuneration, family reconciliation, social protection, etc.) carried out by the self-employed worker.

2. A diagnosis of sectors undergoing conversion or undergoing modernization processes that have a greater impact on the activity carried out by self-employed workers.

3. An analysis of the need to encourage the early retirement of self-employed workers in certain sectors.

Additional provision 15th. Adaptation of the Special Regime for Self-Employed Workers.

Within one year, the Government will present a study on the updating of the regulations governing the Special Regime of the Self-Employed, essentially established in Decree 2530/1970, of 20 August, partially repealed, to the current needs and demands of the collective of self-employed workers. This study shall provide for the measures necessary to establish convergence in the contributions and rights of self-employed workers, in relation to those established by employed persons covered by the General Safety Regime. Social.

Additional provision sixteenth. Campaign for the dissemination of the Special Regime for Self-Employed Workers.

Within one year, the Government will carry out, in collaboration with the most representative entities of self-employed workers, a dissemination campaign and information on the regulations and characteristics of the Special Regime of the Stand-alone Worker.

Additional 17th disposition. Contracts for economically dependent self-employed workers in the insurance sector.

Contracts concluded by insurance agents that comply with the conditions set out in the third chapter of this Law and the assumptions that such agents would be subject to. rules without affecting, in any event, their business relationship.

18th additional disposition. Persons with disabilities.

For the purposes of this Law, persons with disabilities shall be considered to be within the meaning of Article 1 (2) of Law 51/2003 of 2 December 2003 on equal opportunities, non-discrimination and accessibility. universal of persons with disabilities.

Additional 19th disposition. Commercial agents.

In the case of commercial agents who, acting as independent intermediaries, are charged on a continuous or stable basis and in exchange for remuneration, to promote acts or transactions of foreign trade, or to promote them and conclude them on behalf and on behalf of others, for the purposes of being considered as economically dependent self-employed workers, the requirement to assume the risk and venture of such operations, referred to in Article 1, shall not apply to them. Article 11, paragraph 2, point (e).

First transient disposition. Adaptation of the statutes and recognition of the legal personality of the associations.

The professional associations of self-employed workers formed in accordance with the previous legislation and who enjoy legal personality upon the entry into force of this Law, will retain their recognition for all purposes, automatically being validated.

Within six months of the entry into force of this Law, they shall be required to adapt their statutes as provided for in this Law, as well as to enrol in the register provided for in the public office established for this purpose.

Second transient disposition. Adaptation of the existing contracts of economically dependent self-employed workers.

Contracts entered into prior to the entry into force of this Law between the economically dependent self-employed worker and the customer must be adapted to the forecasts contained therein within the six-month period. months from the entry into force of the regulatory provisions that are laid down in its development, unless in that period any of the parties chooses to terminate the contract.

The self-employed person in whom the circumstance of being economically dependent is present, must inform the customer of the fact that he acquires this condition within three months of the entry into force of the said conditions. regulatory provisions.

Transitional provision third. Adaptation of the existing contracts of economically dependent self-employed workers in the transport sector and the insurance sector.

Contracts entered into prior to the entry into force of this Law between the economically dependent self-employed worker and the customer referred to in the 11th additional provision and the contracts concluded by the insurance agents which are applicable to them in the third chapter of this Law, they must be adapted to the forecasts contained therein within the period of 18 months after the entry into force of the provisions laid down in Regulation (EEC) No 399/89. (a) to be given in its development, unless in that period any of the parties chooses to terminate the contract.

The self-employed person in whom the circumstance of being economically dependent is present in the case referred to in the additional provision eleventh and in the case of the insurance agent, must inform the client in respect of which it acquires this condition within one year of the entry into force of this Law.

Single repeal provision. Regulatory repeal.

The provisions of this Law shall be repealed.

Final disposition first. Competence title.

This Law is dictated by the jurisdiction that corresponds to the State pursuant to Article 149.1.5., 6. ª, 7. ª, 8. and 17. of the Constitution.

Final disposition second. Development of rights in the field of social protection.

The necessary measures will be carried out in a progressive manner so that, in accordance with the principles that inspire this Law, convergence will be achieved in contributions and rights of the self-employed in relation to the established for employed persons covered by the General Social Security Scheme.

Final disposition third. Enabling the Government.

The Government is empowered to dictate how many provisions are necessary for the implementation and development of this Law in the field of its competences.

Final disposition fourth. Annual report.

1. The Government shall report to the General Courts annually on the implementation of the provisions contained in this Law.

2. This report shall incorporate the opinion of the Advisory Bodies.

Final disposition fifth. Regulatory Development of the Economically Dependent Self-employed Workers ' Contracts.

Within one year of the entry into force of this Law, the provisions referred to in the second subparagraph of Article 12 (1) shall be developed.

Final disposition sixth. Entry into force.

This Law shall enter into force three months after its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 11 July 2007.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO