early retirement of the self-employed
is one of the options that self-employed workers have, and that more doubts raise them.
Until 2013, the possibility of early retirement within the rule to which self-employment was subject was regulated.
This possibility was only contemplated in the Statute of Self-Employment, and always for reasons related to the type of work. Thus, for those self-employed professionals who worked in toxic or dangerous tasks, there was the possibility of retiring early.
It should be noted that, in case of suffering a disability, this type of retirement could also be requested.
However, there was no full development of this regulation,so its application was dubious and arbitrary.
Cases for the application of early retirement of the self-employed
It should be noted that a study carried out by the University of Barcelona and VidaCaixa in 2015 shows that self-employed professionals receive a lower pension than those who have worked as an employee.
Thus, the figures suggest that the retirement benefits of the self-employed are 50% lower than those of those who have not been.
However, all this will depend on the contribution base that each self-employed person has stipulated and the number of years they have contributed.
Early retirement modalities for self-employed workers
⇒ VOLUNTARY EARLY RETIREMENT
In this case, the self-employed person decides for himself to retire before reaching the statutory 65 years.
⇒ NON-VOLUNTARY OR FORCED EARLY RETIREMENT
In cases of non-voluntary or forced retirement, the fact of retiring from working life is due to force majeure, such as illness, disability or the closure of the company due to the retirement of the employer.
Finally, you have to keep in mind that this cannot be required in any circumstance.
On the contrary, in both modalities, the self-employed must meet a series of requirements to collect their corresponding pension.
Main requirements of obtaining early retirement for the self-employed
Each type of early retirement has its own requirements. Therefore, they will be separated so that each person knows, depending on their situation, what are the conditions they must meet.
Voluntary early retirement
In order for a self-employed worker to apply for early retirement and be granted, he or she must be no less than 2 years younger than the time stipulated for retirement.
Therefore, because the retirement age to 2018 is 65 years, the self-employed who wants to retire early must be at least 65 years old.
The second requirement is that at least the self-employed will have to have contributed at least 38 years and 6 months. Within these years, compulsory military service will be counted, but it will be contemplated in a maximum of one year.
Non-voluntary or forced early retirement
If the self-employed person is forced by his personal circumstances to retire early, he will have to meet certain conditions.
The first of these is that their age is 4 years lower than that of general retirement. That is, the person may not be under 63 years of age if he or she must retire under this modality.
The second requirement is that the self-employed person is are registered as a jobseeker for the 6 months prior to the request for early retirement from work. Or, failing that, that this request is due to economic causes, such as collective dismissal,retirement of the employer, judicial resolution, force majeure or gender violence.
How to calculate the amount of early retirement of the self-employed
In addition to all the above, you must bear in mind that, when requesting early retirement, the amount to be received will be lower than that which would correspond in the case of ordinary retirement.
Thus, in the case of voluntary early retirement of self-employed workers,the calculation would be as follows:
- Contribution of 38 years and 6 months: reduction of 2% per quarter.
- Contribution from 38 years and 6 months to 41 years and 6 months: reduction of 1.875% quarterly.
- Contribution from 41.5 years to 44.5 years: reduction of 1.750% quarterly.
- Contribution of more than 44 years: reduction of 1,650% per quarter.
On the other hand, in the case of non-voluntary early retirement or force majeure:
- Contribution of 38 years and 6 months: reduction of 1.875% per quarter.
- Contribution from 38 years and 6 months to 41 years and 6 months: reduction of 1,750% quarterly.
- Contribution from 41.5 years to 44.5 years: quarterly reduction of 1.625%.
- Contribution over 44 years: reduction per quarter of 1.5%.
Therefore, once all the requirements, conditions and reductions involved in the early retirement of the
are known, it will be necessary to assess in each situation whether it is worth asking for it; or, on the contrary, it would be better to wait.
At this point, we recommend that you consult with our labor advisors. They will know how to guide you throughout the process and advise you on the most suitable option in your case.