What to do before opening a store if you are self-employed?

If you are self-employed and are in the process of opening a location for your business, there are several aspects that you must take into account to do it correctly.

The first and most important thing is inform to the relevant body. Failure to notify may result in serious and minor fines. It is important to keep in mind that opening a store to carry out a commercial activity implies numerous legal obligations that you must rigorously comply with.

Inform the labor authority about the opening of your establishment

The Ministry of Labor requires notification to the Labor Authority. After the initial civil, commercial and fiscal procedures, you must officially notify this organization of the opening.

Who?

This notification obligation extends to any type of business owner, regardless of the activity they carry out.

When?

Before opening, or within thirty days after opening.

As?

You need to complete the official form, including the following information:

• Company data: name or company name, address, municipality, province, tax address, telephone, email address, identification, national identity document or tax identification code. In the case of foreigners, asylum seekers or refugees: the passport or equivalent document. It must be noted whether the company is newly established or is already operational, its economic activity and the entity responsible for work-related accidents and occupational diseases.
• Workplace data: includes name, address, town, region, postal code and contact number, social security registration, center category, reason for notification and start date of the operation. Likewise, it is necessary to specify the type of economic activity, the total number of employees in the company who work in that center (broken down by gender), the size in square meters of the built structure and the focus of prevention management.
• Production and/or storage data of the work center. It refers to the installed electrical capacity, equipment and devices present, and whether activities mentioned in Annex I of Royal Decree 39/1997, of January 17, are carried out, detailing the operations, activities or tasks included in said annex.

Where?

The procedure will be carried out before the corresponding entity of the autonomous community, with the exception of Ceuta and Melilla, where it will be carried out in the Work and Immigration Area. An additional 10 days will be given to correct possible errors, if necessary.

Fines and sanctions, if you do not communicate the opening of your premises

Failure to officially notify the opening of your workplace or place of activity, in accordance with the above, may involve two types of possible violations:

• Minor infraction: when it does not involve an industry considered dangerous, unhealthy or harmful due to the elements, procedures or substances that are handled. Fines can range between 60 and 625 euros, depending on their severity.
• Serious violation: applies when the activity is classified as dangerous or harmful due to the elements, procedures or substances involved. In these circumstances, the sanctions can vary between 626 and 6,250 euros, depending on whether they are of a minimum, intermediate or maximum level.

Additional procedures necessary to open your premises

In addition to all the information collected in the application, it is very important to remember to carry out these other procedures:

• Registration of the company in Social Security.
• Affiliation of workers in Social Security.
• Formalization of the protection of employees against occupational accidents and diseases.
• Activity of the Labor and Social Security Inspection.
• Specific procedures in construction works.

If you have questions about this process and want help to legally and correctly open your business, you can request your consultation appointment at Entrepreneur Unique Window.