La obligación de cotizar como autónomo todo el que tenga ingresos por su explotación agraria denunciada por UPA en Andalucía ha provocado un gran revuelo en el sector, pero con interpretaciones distintas. Mientras que desde AVA-ASAJA se reclamasu retirada inmediata, desde COAG Andalucía se pide tranquilidad y recuerda que solo afectaría a quienes los ingresos por actividad agraria superan el SMI, según diversas sentencias judiciales, por lo que respaldan esta decisión para quienes sueren ese Salario Mínimo Interprofesional.
The Valencian Association of Farmers (AVA-ASAJA) claims the Government not to make effective and immediately withdraw the obligation to pay social security affiliation quotas as agricultural autonomous (in the special system for self-employment mushrooms)-which isThey place about 230 and 250 euros per month - to all producers who obtain agrarian income, when so far that obligation only applies to those who receive more than 50% of their total income from the sale of their agricultural or livestock productions.
The president of Av-Asaja, Cristóbal Aguado, denounces that Royal Decree 15/2020 “approved with nocturnality and alevosía during the pandemic and protested at the time by AsajOnce again, a collection eagerness without limits.If this barbarity ends up, it can be very expensive to thousands of families that only have modest complementary income in the field, but at the same time the country can be very expensive in abandonment of fields, in decreased productive capacity,In direct and indirect jobs, in landscape and environmental degradation, and a long etcetera.If the Executive wants to do things wrong, it is better to resign before the loss of votes can cost him the government and leave a very fat problem to the next ”.
Aguado warns that “Valencian agriculture would be the most harmed by its smallholding structure and for the majority proportion of farmers who have part -time dedication.If a small farmer also forces him to quote as a freelancer and pay twice as much taxes, will any retiree have to continue quoting for his modest crops and run the risk of losing his retirement?Will a man who has actions in a bank, or who has three rented floors?That the government clarify and say if it wants to expel the small owners, because the only thing that would raise in the fields would be rats and mosquitoes ”.
The agrarian leader asks the central executive to act in line with the diverse reality of the primary sector so that, instead of penalizing them with more bureaucratic taxes and bureaucratic obstacles, what should do is help farmers and farmers to generate economy, to fixrural population, preserve the territory and take care of the environment.The objective of the Government must not be fattened by administration, but to remove taxes to enhance business activity and improve the well -being of the whole society ”.
For its part, Coag de Andalucía has asked for peace of mind and wanted to leave this situation, which have put the alarm around the need to register as an autonomous if any type of agricultural activity is exercised, regardless of the levelof income by the same.
First, Coag Andalucía wants to convey a reassuring message criticizing "the unnecessary alarm created around this matter".As explained by the technical services of the organization, this situation is not new to the agricultural sector, and also affects the rest of the freelancers, since the norm does not establish a minimum income threshold to register in Social Security.
Therefore, he clarifies that the courts have already decided the criteria that must be applied to replace that legal vacuum, understanding that if the income from agricultural activity does not exceed the SMI, it is not necessary to register as an autonomous.
In this sense, from Coag andalucía, precise regulation will continue to be demanded, which provides legal certainty to all persons who perform agrarian work in their farms and, while the regulatory modification arrives, “we will defend that only those who obtain net income that exceed theSMI must register in the social security system for their agricultural activity ”.
The regulation of the Special Regime of Autonomous Workers and the Special System for Agrarian Owning Workers is an issue that generates legal insecurity in the field.
Since the end of the 60s in which the Special Agrarian Regime of Social Security (Decree 2123/1971, of July 23, which approves the consolidated text of Laws 38/1966, of May 31, is regulated, of May 23271, of May 38/1966, of May 31, May 31,and 41/1970, of December 22, for which the Special Agrarian Regime of Social Security is established and regulated), people who carry out agrarian work and obtain income from this activity have suffered a huge legal insecurity at the time ofdecide if that activity forced them to register in the aforementioned regime.
The 1971 decree already determined that they would be included in the Special Agrarian Regime of Social Security who regularly and as a fundamental means of life they did agricultural work personally and directly in these farms.
Since then the doubt arose about the minimum revenue limit from which there is the obligation to register in this regime because the regulations did not establish it.The courts replaced the normative vacuum by establishing the criterion that only when the income exceeded the amount of the minimum interprofession.
Law 18/2007, of July 4, which proceeds to integrate the REASS in the RETA created the Special System for Agrarian Owning Workers in which the aforementioned farmers integrated into the REASS would be included, establishing as newInclusion criteria, in addition to the development of agrarian work personally and directly, which, at least 50 percent of its total income from the realization of agricultural or complementary activities and 25 percent directly from the exploitation, and thatThe working time dedicated to agricultural or complementary activities was greater than half of your total work time.
The difficulty of verifying such requirements, especially the relative to the time of work, and its variability of one year to another, led to a new regulatory change introduced by the Royal Decree Law 15/2020, of April 21, of complementary urgent measuresTo support the economy and employment that it recovered as the only requirement to be included in this special system, to carry out agrarian work personally and directly in its farms, re -generating the uncertainty of what is the minimum revenue limit from whichThere is an obligation to register in this regime.
Therefore, for COAG «this situation of having to contribute as an autonomous is not new for our sector and also affects the rest of the freelancers for what the norm also does not establish a minimum income threshold to register in Social Security.Therefore, both social security and courts already know the problem and the criteria that have been applied so far ».
