At the end of September, there were still more than 700,000 workers affected by an ERTE (Temporary Employment Regulation File). And, probably, many of them will continue to be in this situation until January 31, 2021. The date on which this measure would end. Employee start business and register as a self-employed person.

The III Social Agreement in Defense of Employment signed by the Government. Employers and unions managed to extend the ERTEs until the beginning of next year. However, many of the workers who are receiving 70% of their salary are increasingly concerned. Already looking for new employment alternatives. Among them is starting your own business.


One of the aspects that you should know is that the current regulations. Allow you to combine the development of activity on your own account. Receive the benefit that corresponds to an employee for being in ERTE. That is, you can in ERTE as an employee and, at the same time, be self-employee.

This was state the labor lawyer and Legal Director of the National Federation of Associations of Autonomous Workers (ATA). Carlos Piñero. This expert stated that “both are compatible because Royal Decree-Law 30/2020 and which includes the extension of ERTE. Refers to the first rule of this measure (Royal Decree-Law 8/2020, of 17 of March,). In it, the affected worker allows developing other activities. such as self-employment ”.

Another aspect that this lawyer insisted on is that. Although charging the ERTE and self-employee.

Likewise, Piñero stressed, the compatibility of both situations can only occur as long as the ERTE is maintained. In other words, “the benefit charged by the ERTE will last for the duration of the ERTE”

Another aspect that this lawyer insisted on is that. Although charging the ERTE and self-employee is a compatible modality.  This does not mean that it can be made compatible with other benefits of the self-employed. That is, a person cannot collect the benefit for effect by an ERTE and. At the same time the benefit for the cessation of activity. For being a self-employed person who has his business stopped. “It is not compatible to collect the termination and unemployment benefit from ERTE, for example,” said the lawyer.


That a worker affects an ERTE, is receiving an extraordinary unemployment benefit. In turn, be a self-employee is a common situation in our labor regulation. In fact, the labor regulations include an exception in which a person who is a beneficiary of unemployment. Some type of unemployment benefit can be a self-employee. And continue to receive the benefit.

Specifically, and as detail on its website the Ministry of Labor and Social Economy. The exception occurs when “the contributory unemployment benefit receive and the work activity has been totally and definitively cease. The said benefit is compatible with self-employment or joining a newly created labor company or cooperative of associated work ”. In these cases, the document establishes “the maximum time of compatibility is 270 days. The less time that remains to be received from the benefit.”


In any other case, collecting unemployment benefits with any other type of benefit is incompatible. Other situations that are incompatible with the collection of an unemployment or unemployment benefit, according to the guide, are:

  • In general, with full-time paid work or similar situations that imply being within any Social Security regime. Even if it is not foreseen to contribute to unemployment. With the exception of the subsidy received by people over 52 years of age with a full-time contract. indefinitely or temporarily. As long as its duration is greater than 3 months.
  • With paid research activities that involve exclusive dedication.
  • With the realization. Outside the academic channels, of non-labor practices in companies. If they suppose to be included in the General Regime of Social Security.
  • In general, participation in training programs related to university studies or professional training includes the realization of training practices. Although they do not give rise to an employment relationship. Do entail an economic consideration for the participants and their incorporation into the General Regime of Social Security.
  • With the paid exercise of elected public or union positions that involve exclusive dedication.
  • With pensions or economic benefits from Social Security incompatible with work.
  • When activation of the volunteer reservists of the army. They carry out an instruction. Training exercises, or render services or participate in training and improvement courses, and are paid for it. They may make it compatible with the benefit or subsidy they are receiving.
  • Any other situation that involves public economic perceptions that substitute unpaid remuneration due to the cessation of activity. maintaining an administrative or labor link.

Likewise, the beneficiary is obliged to notify the State Public Employment Service of any of the cases of incompatibility described. In order to suspend the payment of the other benefit or subsidy. ( Click Here )