Can it be considered normal? In practice we can find different answers:
- If you consult the General Treasury of Social Security his answer is that when a person is discharged automatically in any economic activity has to enlist in the RETA (self), so do not take into account the concept of habitual.
- In many online forums see the magic number of 3,000 euros, which states that if not exceeded that threshold is not necessary to register self-employed.
- In other forums they say that if you engage in activity other than an employee working full working day with no need to enroll in the RETA.
None of these answers is correct but to determine the usual activity and therefore the obligation to register as a freelancer have to look at what is in the jurisprudence on the subject eg. Sala de lo Social Justice December 21, 1987 – Sala de lo Social Justice December 2nd, 1988 – Sala de lo Social Justice March 20, 2007. Specifically we look at the doctrine established by the doctrine of the Supreme Court Chamber Social October 29, 1997 (rec. n ยบ 406/1997), which states:
“The criterion of the amount of remuneration is suitable for assessing the condition of habitual. As noted by the administrative litigation law (STS 21.12.1987 and 12.02.1988) this requirement refers to a practice of professional activity not sporadically but with a certain frequency or continuity. When specifying the frequency or continuity factor may seem more accurate in principle resort to temporary modules to modules remuneration, but virtually insurmountable difficulties of specification and testing of the determinants of temporary units have usually inclined to the courts to also accept as evidence of regularity to the amount of remuneration. This resort to the criterion of the amount of compensation, which for obvious reasons it is easier to compute and check the time of dedication, is usable as well, taking into account the fact that experience in the activities of the self-employed own account the amount of remuneration normally keeps a close correlation with the time spent working. This applies in particular on the insurance sub-agents, whose compensation depends closely on the working time devoted to training, management and maintenance of the customer base. “