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CLT or MEI? Find out how to work and undertake without losing unemployment insurance benefits.
Many people who work with a signed contract (CLT) wonder if it is possible to open an Individual Microentrepreneur (MEI) without facing complications. The answer is yes, it is possible. However, there are important details about the laws that regulate this combination of jobs that must be considered before making this decision. In this article, we will explain how the relationship between being a CLT and MEI works and the impacts that this can have on benefits such as unemployment insurance.
What is MEI and how does it work?
O MEI It is a form of business formalization aimed at small entrepreneurs.
It allows you to open a business with low costs and less bureaucracy, making it an excellent option for those who want to start a business in a simple way, without complications with the laws that govern other types of companies.
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As a legal entity, the MEI has benefits, such as reduced tax payments, making it easier for many people to enter the business world.
For those who already work under CLT, the possibility of opening an MEI can be an interesting opportunity to supplement their income.
It is important to understand that being an MEI is not the same as having a traditional company.
MEI laws are more flexible and allow entrepreneurs to formalize their business without the complex obligations of a larger company.
However, the MEI must meet certain requirements, such as the turnover limit, to maintain its status as a microentrepreneur.
Is it possible to be a CLT and MEI at the same time?
Yes, it is possible to be CLT and open a MEI. There is no law that prohibits a worker with a signed employment contract (CLT) from becoming an Individual Microentrepreneur.
However, there are implications that you need to understand, especially if you need to file for unemployment insurance someday.
When you work as a CLT and decide to open a MEI, the laws that govern both conditions need to be observed carefully.
For those who work with a formal contract and have an MEI, the situation may seem simple at first glance, but there are specific rules on how the micro-entrepreneur's turnover can affect the right to unemployment insurance.
The main concern is with financial transactions within the MEI's CNPJ, as any billing can generate complications.
The relationship between MEI and unemployment insurance
When a worker with a formal employment contract decides to open an MEI, he needs to be aware that, if he is fired, the situation may interfere with access to unemployment insurance.
However, simply opening the MEI does not prevent the benefit as in the CLT, as long as the microentrepreneur does not generate revenue. Below, we explain how it works:
- No Income: If the MEI does not generate revenue and there is no financial movement in its account, the worker may still be entitled to unemployment insurance.
In this case, it is necessary to present a declaration that there was no income during the period, to prove that the activity did not generate profits. - With Income: If the MEI generates any type of revenue, even if low, the worker will not be able to count on unemployment insurance.
Therefore, it is crucial to assess whether this will be a sufficient source of income before opening the business. Financial transactions in the CNPJ may harm the right to unemployment insurance benefits.
Advantages and disadvantages of being an MEI
Being an MEI brings some considerable advantages, such as reduced tax costs.
The annual amount of taxes paid is around R$700, which is much cheaper compared to other forms of business formalization, such as Presumed Profit or Simples Nacional, which have much higher rates.
However, the issue of unemployment insurance must be considered. Those who are already CLT and are planning to open a MEI should ask themselves: “Do I really need unemployment insurance?” If the answer is yes, opening a MEI may not be the best option.
Otherwise, if the intention is to earn money as a micro-entrepreneur and not depend on insurance, opening a micro-enterprise can be an excellent choice.
How to manage the MEI and keep everything in accordance with the law?
MEI administration is relatively simple, but requires attention to the rules to avoid tax and legal complications.
To ensure that the MEI is in compliance with the laws and avoid problems with the IRS, it is important to have the help of an accountant.
This professional can provide guidance on the correct management of finances, in addition to helping to make safer decisions regarding the continuity of the system, should the worker need to apply for unemployment insurance.
If you are thinking about becoming a CLT and MEI, remember to consider all the legal and financial aspects involved. Assessing whether this will be a viable source of income and whether unemployment insurance is really necessary can help you avoid surprises in the future.
