Self-Employed Workers: Requirements and Scope in Agriculture
Self-Employed Workers in Agriculture: Requirements and Scope
Under the Special Scheme for Self-Employed Workers, individuals will be included if they are self-employed on their own farm, over 18 years of age, and meet the following requirements:
- Be owners of a farm and derive at least 50% of their total income from agricultural activities and other complementary sources.
- The proportion of income deriving directly from farming of their holding is not less than 25% of their total income.
- Working time devoted to farming or supplementing it is more than half of their total working time.
- The annual net income derived from farming by each holder does not exceed 75% of the maximum contribution base established in the General Social Security Regime.
- The performance of agricultural work personally and directly in such holdings, even when employees are present. We always try to avoid more than two permanent workers or trying to work under employment contracts of limited duration, which the total wages paid to the agricultural potential does not exceed 546 in one year, counted from date to date.
Included Categories:
- Workers aged 18 years or older who, as usual, make a personal and direct economic activity for lucrative purposes without being subject to a contract.
- Spouses and family members to the second degree by consanguinity, affinity, and adoption collaborating with the self-employed on a personal, regular, and direct basis and have the status of employees.
- Writers of books.
- Self-employed individuals who are economically dependent.
- Self-employed foreigners who legally reside and exercise their activities in Spanish territory.
- Professionals engaged in an activity on their own, which requires the incorporation of a professional association whose group has joined in the Special Regime for Self-Employed.
Specific Worker Types:
- Workers in irrigation chores and cleaning up, peeling and clearing ditches, armbands or gut, where these works have no other purpose than to water use for exclusive use on farms.
- Workers who, as auxiliaries, provide services not strictly agricultural, forestry, or livestock on a regular and permanent wage farms. They will have this status technicians, administrators, mechanics, drivers of vehicles and machinery and any other professionals who perform their duties on the farm.
Exclusions:
- Mechanics and drivers of vehicles and machinery who lease their services to agricultural work, not being holders of a farm or where not to be so used herein.
- People who work directly for companies whose business is the Phytopathological applications.
- The spouse, descendants, ancestors, and other relatives of the employer by consanguinity or affinity within the third degree inclusive, busy in their farm when they live at home and are dependent on them, unless it is clearly their status as employees, without prejudice that may be considering self-employment.
Scope of Self-Employment
A self-employed or independent worker is understood as someone who usually performs direct and personal economic activity for profit purposes without securing a contract for their work and even uses the paid services of others, whether or not the individual is a business owner or family member. It is presumed, unless proved otherwise, that the person attends the status of self-employed or independent if it holds the ownership of an establishment open to the public as owner, lessee, or tenant.