Can a minor be self-employed?

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Can a minor be self-employed?

Minors under 16 years of age are not eligible for employment under Spanish law; therefore, they may NOT perform self-employment work, not even for their families. They are also not eligible to become collaborating freelancers, as established in Article 9 of Law 20/2007, of July 11, on the Self-Employment Statute.

There is an exception that will apply to minors who provide services in public performances, contained in Article 6 of Royal Legislative Decree 2/2015, of October 23, which approves the Consolidated Text of the Workers' Statute Law. Thus, work for minors under 16 years of age will only be authorized in exceptional cases by the labor authority, provided that it does not pose a danger to their health or professional and human development. Permission must be in writing and for specific activities. However, it is worth asking whether those over 16 but under 18 can work, as is the case in salaried employment, after the permission of the minor's parents or whoever holds parental or guardianship authority.

Although the law only refers to the prohibition (generally) that applies to minors under 16 years of age, the General Social Security Law, in its Article 7.1.b, determines that self-employed workers over 18 years of age will be within the scope of the Law.

"We must understand that workers who are under the age of majority cannot be self-employed, as they do not meet the requirements to be included in the RETA and therefore be able to carry out any activity."