False autonomous

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The false self-employed are listed in the Social Security Self-Employed Regime. However, despite being registered as self-employed, they work for another company, following its instructions.

Therefore, a false self-employed person is a person who, although registered with Social Security as such, performs the work of an employed person.

In this sense, the false self-employed person follows the orders of a superior, has a certain schedule and provides services for a business organization. These characteristics show that the false self-employed person is doing work in a dependent and alien way.

Characteristic aspects of the false self-employed

Thus, the false self-employed person will be deprived of a series of advantages that employed workers do have.

In this line, you will not be able to avail yourself of the rights granted by the corresponding collective agreement, nor will you be able to enjoy paid vacations nor will you have the right to receive extraordinary payments. Let us not forget that, being registered as a self-employed person, upon losing your job, you will not have access to unemployment benefit either.

Detrimental aspects for the false self-employed

The relationship is not determined by a labor contract, but is regulated by a commercial contract. All this implies the loss of a series of labor rights such as: paid vacations, work permits, extra pay and unemployment benefits.

As it is a relationship regulated by commercial and civil law, the false self-employed person will not receive a payroll every month, but will be forced to issue invoices.

At the tax level, the false self-employed person will clearly be harmed. This is because you must declare VAT every quarter, without forgetting the corresponding personal income tax withholdings for the self-employed.

How to identify a fake freelancer?

Despite the fact that the figure of the false self-employed is clearly illegal, there are companies that, seeking to save on social costs, opt for this formula.

To know if there is really a false self-employed person covering up a real work for others, we must pay attention to three aspects: that it is a voluntary job, that it is carried out in a way that is not risky and that there is a relationship of dependency or subordination towards the company.

Therefore, the commercial contracts of the false self-employed may be considered void by the Labor Inspectorate if the following circumstances are demonstrated:

  • The worker provides services within a company, following the instructions of the employer, working according to schedules also determined by the company, with means provided by the company and paid by the same.
  • That the worker is paying the taxes and social contributions that correspond to a self-employed person.

If these circumstances are proven in court (prior complaint to the Labor Inspectorate), the company must legalize the status of the false self-employed. Therefore, the company will pay the relevant social contributions and the salary (in accordance with the agreement) not received. If, on the contrary, the relationship between company and worker ends, the company has to pay compensation.

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