Evolución de la normativa referente a la protección social para ejercer la profesión cuando es obligatorio darse de alta en el colegio profesional correspondiente

Abstract

Professionals who were required to join a professional association to practice their profession are excluded from the Social Security system, because along with the objective and subjective requirements to register with RETA, the self-employed worker was required to be part of a trade union entity where his activity was framed. This requirement was eliminated but it was the representatives of the professional associations who had to request integration into RETA and the effective incorporation by Ministerial Order, this position being supported by the Constitutional Court.

Given this situation, the majority of professional associations established their own social welfare mutual societies.

Until Law 30/1995, the possibility of joining RETA was not created; new regulations were established for Social Welfare Mutual Societies, and it was possible for the individual to choose to request registration in RETA or in the Mutual Society, which are compatible, and in this sense it is supported by jurisprudence.

The consequences when the professional, in addition to being self-employed, also works for someone else, the consequences in the case of retirement and compatibility of pension and professional practice are different, depending on whether he or she opted for RETA or Mutualidad.