Autonomous worker in Spain
Surely you have heard about the figure of the false self-employed, but what exactly does it have? We explain it to you next.
Autonomous worker in Spain
According to the spanish Statute of the Autonomous Worker, this law is understood to include natural persons who habitually, personally, directly, on their own account and outside the scope of the direction and organization of another person, an economic or professional activity for a lucrative purpose, give or not to employed workers.
There are cases where the worker, despite being discharged as self-employed, does not really have control over their daily activity nor does he have the autonomy to direct it as he wishes, which are the characteristic characteristics of the self-employed person. This situation is considered fraud of law, since it hides an employment relationship that resembles that of the Workers' Statute and not to the self-employed.
Autonomous false consequences
The arrival of the crisis in Spain has led many companies to use formulas such as this, since they save costs in Social Security. However, the consequences can actually be worse than hiring the worker in a common labor regime.
First of all we must bear in mind that we may have to pay the Social Security fees according to what really corresponds. The company also lose some prestige if it is discovered that it hires workers in this way. To this we should add, if applicable, the criminal responsibilities that we could have (if we are accused of an offense against the workers).
Ask a lawyer in Spain
The best thing we can do, if we have doubts about hiring an employee, is to first ask a labor lawyer to guide us. And if we need to take some other measure (dismissal, File of Regulation of Employment) it is also convenient that we evaluate the options with the help of a professional. That's why we invite you to contact our Marbella office if you need more information. We are experienced lawyers in Spain.
We're a law company of Marbella, specialized in offering legal advice in different areas of Law to both Spanish and foreign residents.
