Freelancing alongside a job (pluriactividad)

Terms used

• Pluriactividad — Pluriactividad means working as an employee and as an autónomo at the same time.
• Autónomo — An autónomo is a self-employed person registered with Social Security.
• Plena dedicación — Plena dedicación is an exclusivity clause that bars you from other work while you hold the job.
• RETA — The RETA is the Social Security regime for self-employed workers, where autónomos pay their monthly quota.
• Tarifa plana — The tarifa plana is a reduced flat monthly quota offered to new autónomos.

Key rules

• Two payments: You pay payroll contributions and an autónomo quota at the same time, and the quota is not reduced automatically.
• Employer approval: Registering as autónomo does not need your employer's approval unless your contract requires it.
• Refund: Excess contributions are refunded automatically, normally in the first half of the following year, with no application.
• Competitors: Freelancing for your employer's competitor can justify dismissal.

Can you be employed and freelance at once?

Yes. Spanish law does not forbid a second job. You can stay employed, full or part time, and also register as autónomo. This is called pluriactividad. Your employer does not need to approve your registration unless your contract says so. Civil servants follow a separate compatibility regime, so this page is for private-sector employees.

Check your contract first

Two things in your employment contract can stop you:

• An exclusivity clause (plena dedicación). It only counts if it was agreed in writing and you are paid extra for it.
• A non-compete that continues after the contract ends.

Also read your collective agreement for rules on side activity. While you are employed, working for your employer's competitor breaches good faith and can justify dismissal. Pick clients outside your employer's field.

How contributions work

You pay into both systems, and they run in parallel:

• Your employer and you keep paying through payroll, as now.
• You also pay a monthly autónomo quota to the RETA. It is based on the income band you choose, under the income-based system in force since 2023.

Being employed does not cut your autónomo quota automatically. Pick the band that matches the income you expect from freelancing, and budget for both payments.

The reduced flat rate (tarifa plana) can also be open to people in pluriactividad. Ask Social Security whether you qualify before you register.

Refund of excess contributions

If your combined contributions in the two systems go over the yearly ceiling, Social Security refunds part of the excess. The refund is 50% of the excess, capped at 50% of the RETA contributions you paid that year. Work accident and occupational illness contributions, and cessation contributions, are left out.

You do not normally need to apply. The refund is made automatically in the first half of the following year. The ceiling changes every year, so you cannot count on a refund when you plan your budget.

The checklist and the questions below cover the practical steps.

Checklist

• Read your employment contract for an exclusivity (plena dedicación) clause or a non-compete.

• Make sure your freelance work does not compete with your employer.

• Choose your autónomo contribution band based on your expected freelance income.

• Ask Social Security whether you can get the reduced flat rate (tarifa plana) as a pluriactivo.

• Budget for both payments: your payroll contributions and your autónomo quota run in parallel.

• Look for the automatic refund of excess contributions in the first half of next year.

Frequently asked questions

Do I need to apply to get excess contributions refunded?

No, you normally do not need to apply, because Social Security refunds the excess automatically. The refund usually arrives in the first half of the following year. It covers 50% of the excess, capped at 50% of the autónomo contributions you paid for the year.

Does my employer have to approve my registration as autónomo?

No, registering as autónomo does not need your employer's approval unless your contract requires it. Spanish law allows a second job. The exceptions are a written, paid exclusivity clause or a non-compete, so check your contract and collective agreement first.

Can I freelance for a competitor of my employer?

No, working for a competitor while you are employed breaches good faith and can justify dismissal. This applies even if the law allows a second job in general. If your work is close to your employer's business, ask them before you start.

Can I still get the reduced flat rate as an employee?

Yes, the reduced flat rate (tarifa plana) can also be available to people who work and freelance at the same time. Your autónomo quota is not reduced automatically otherwise.