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Congress approves the pathway to RETA for alternative mutualists

Congress approves the pathway to RETA for alternative mutualists, a historic demand from the legal profession. ICAM celebrates the progress but criticises the exclusion of passive mutualists.

Marta Uriarte ElizondoMarta Uriarte Elizondo· · 4 min read

The Plenary of Congress has given the final approval to the law that allows alternative mutualists to voluntarily join the RETA. ICAM celebrates the progress but regrets the exclusion of passive mutualists.

The Congress of Deputies has definitively approved the Bill regulating the voluntary pathway to the Special Regime for Self-Employed Workers (RETA) for alternative mutualists. The law, which culminates one of the main demands of the Spanish legal profession, opens a new chapter for thousands of professionals who will be able to access the public Social Security system voluntarily.

The Illustrious College of Lawyers of Madrid (ICAM) has positively assessed the approval, although it has expressed disappointment that passive mutualists have been excluded from the scope of application. The dean of ICAM, Eugenio Ribón, stated: "Today marks a very important step for thousands of professionals who have been waiting for a solution for years. It is an advance resulting from the work of many people and a collective demand from the legal profession."

Ribón also lamented the exclusion of passive mutualists: "We would have liked this solution to also reach passive mutualists. The law has not addressed their situation, and we cannot help but express our disappointment that they have been left out of this reform."

ICAM has thanked the consensus reached by the parliamentary groups, which have managed to push forward a complex reform from both a legal and social standpoint. The College has acknowledged the efforts of all political forces that have contributed through dialogue and the search for agreements.

The approval of this law concludes an intense institutional effort by ICAM since the beginning of the legislature. The College was the first in Spain to publicly support the demands of mutualists and has held meetings with the Government, parliamentary groups, and affected associations.

Among the initiatives promoted by ICAM is the campaign "From Member to Deputy," which gathered hundreds of testimonies and over a thousand signed letters from lawyers, subsequently delivered to Congress. Additionally, the College commissioned a legal report from former Constitutional Court president María Emilia Casas, whose conclusions supported the legal viability of the pathway.

Now, ICAM considers it a priority to ensure a swift and clear regulatory development. Eugenio Ribón emphasised: "It is now up to the Government to approve the regulation in a timely manner so that the pathway can become a reality as soon as possible. Thousands of professionals need clear information, legal certainty, and assurances to make a decision of great significance for their future."

The pathway will allow alternative mutualists—those who contributed to social welfare mutualities instead of Social Security—to voluntarily access the RETA, counting their previous years of contributions. The measure primarily affects lawyers, although it also includes other professionals who were part of alternative mutualities.

To qualify, interested parties must meet the requirements set by the regulation, which the Government must approve in the coming months. It is expected that the procedure will be straightforward and ensure the legal security of applicants.

ICAM has announced that it will continue to collaborate with institutions during the regulatory development to ensure that the process is clear and effective. The College will continue to defend the interests of the legal profession and promote initiatives to improve the social protection of professionals.

The exclusion of passive mutualists—those who are already retired or in a state of inactivity—has been the most controversial point. ICAM had advocated for their inclusion throughout the process, but ultimately it was not possible. The College does not rule out continuing to work to find a solution for this group.

With the final approval, the law is ready for publication in the Official State Gazette (BOE) and its subsequent entry into force. From that moment on, interested professionals will be able to start the procedures to apply for their incorporation into the RETA, once the regulation develops the specific procedure.

Marta Uriarte Elizondo

Written by

Marta Uriarte Elizondo

Redactora

Graduada en ADE por la Autónoma y emprendedora frustrada (dos veces). Coleccionista de pitch decks, cafetera y optimista pese a las estadísticas; en Iber Empresa firma las pymes y las startups.