What can I do in this situation of false self-employment?
Posted: Mon Dec 23, 2024 9:14 am
It is a term that has become popular in recent years. But do we really know what a false freelancer is? It is very common to find them in sectors such as transporters, salespeople, teachers, journalists, designers, translators or IT professionals. If you are self-employed and work for a company , this may interest you.
It is easy to accept, some do so as not to lose a job opportunity or others, because they think it is legal. But it is a totally illegal practice , we explain why.
It began to be used during the well-known “economic crisis”. Where it was made easier to hire self-employed workers as if they were employees and save the costs of hiring a worker in Social Security and all the expenses that this may entail. It is also much easier to be able to apply free dismissal .
But what is a false self-employed person?
The figure of the false self-employed person is any natural person who has a direct employment relationship with the company and could well have a contract as an employee . But the company forces him to register as self-employed in the special regime for self-employed workers (RETA). In short, you work as another employee of the company, but you are hired as a self-employed person.
And how does this hurt me? Why do companies do this?
Your rights as a worker . To begin with, your contract is not an employment contract but a commercial or civil contract for the provision of services. Therefore, you do not have the right to join any collective agreement and the company does not manage your registration with social security. You yourself must pay the amounts that you are obliged to contribute.
You will also not be entitled to holidays, paid leave or personal days. In addition, you can be fired without any justification, severance pay or the right to unemployment benefits.
The main reason why the company does this is to save money on Social Security, since it avoids the obligation to pay contributions on your behalf . They will not pay for your sick leave, nor a minimum wage. You will not be able to enjoy paid leave, breastfeeding leave or maternity leave either.
Infographic on what a false self-employed person is
What are the differences between a TRADE and a false self-employed person?
By TRADE we mean Economically Dependent Self-Employed Workers . There is a fine line between them and false self-employed workers. This figure was created to provide legal security to a certain number of self-employed workers who practice their profession and are economically dependent on a client from whom they receive at least 75% of their turnover.
We can comment on some of the differences:
In the case of TRADE, you have to be self-employed in advance. A sign of being falsely self-employed is that the company requires you to acquire this status.
A TRADE develops his activity under his own criteria and organization, the false self-employed person must follow the guidelines of his superiors.
Differentiation from employees is also a sign that indicates the position of TRADE, for a false self-employed person there is no such differentiation.
A TRADE has its own infrastructure to carry out its professional work, the false self-employed person uses the technical and logistical means of the company.
The TRADE receives benefits that regulate his salary. He enjoys 18 working days of vacation (unpaid), weekly rest and holidays. The False Self-Employed cannot benefit from any agreement, he has no right to minimum wage or vacations.
If the client terminates the contract without justification, he will be entitled to compensation. In the case of a false freelancer, if the client terminates the contract without justification, he will be dismissed without the right to compensation and without the need to receive any explanation.
Comparison between economically dependent self-employed trade and false self-employed
In other words, the TRADE maintains his independence and assumes his own risks, knowing that 75% of his income comes from a single client. While the false self-employed person depends directly on the company.
Sanctions for the company.
If a company has agreements with false self-employed workers, it is committing labour law fraud under Article 22 of the Law on Violations and Sanctions of the Social Order , with the amounts of the sanctions being indicated in Article 40 of the same law. The amounts will vary depending on the degree of seriousness with which the infringement is assessed by the labour inspectorate.
In addition to the obligation to admit the worker into the company (sign him a contract under the general social security system), labour inspectors can also force him to pay contributions for the time he has worked as a false self-employed worker. An important point to bear in mind is that, in addition to committing a legal fraud, these actions by the company can lead to a criminal offence in the event that more than 50,000 euros in unpaid contributions are exceeded within a period of four years.
It's clear, report.
If you are sure that you are a false self-employed person and lawyer mailing list you have sufficient evidence to prove it, go to your union and get advice on everything you can do. Don't worry if you have been fired, you have a period of 20 working days from the date of dismissal to file a complaint.
Remember, you must defend your rights and that in situations like this, you are fully protected by the law. And with a good strategy and patience, you can seek justice in a completely illegal situation. We recommend that you seek specialized legal information if you find yourself in this situation.
At Cursos Femxa we support the employability of self-employed workers through training plans specially designed for them. If you want to advance in your profession, train yourself and reach more clients, it is time to choose the course that will allow you to perform new functions and have more capabilities.
It is easy to accept, some do so as not to lose a job opportunity or others, because they think it is legal. But it is a totally illegal practice , we explain why.
It began to be used during the well-known “economic crisis”. Where it was made easier to hire self-employed workers as if they were employees and save the costs of hiring a worker in Social Security and all the expenses that this may entail. It is also much easier to be able to apply free dismissal .
But what is a false self-employed person?
The figure of the false self-employed person is any natural person who has a direct employment relationship with the company and could well have a contract as an employee . But the company forces him to register as self-employed in the special regime for self-employed workers (RETA). In short, you work as another employee of the company, but you are hired as a self-employed person.
And how does this hurt me? Why do companies do this?
Your rights as a worker . To begin with, your contract is not an employment contract but a commercial or civil contract for the provision of services. Therefore, you do not have the right to join any collective agreement and the company does not manage your registration with social security. You yourself must pay the amounts that you are obliged to contribute.
You will also not be entitled to holidays, paid leave or personal days. In addition, you can be fired without any justification, severance pay or the right to unemployment benefits.
The main reason why the company does this is to save money on Social Security, since it avoids the obligation to pay contributions on your behalf . They will not pay for your sick leave, nor a minimum wage. You will not be able to enjoy paid leave, breastfeeding leave or maternity leave either.
Infographic on what a false self-employed person is
What are the differences between a TRADE and a false self-employed person?
By TRADE we mean Economically Dependent Self-Employed Workers . There is a fine line between them and false self-employed workers. This figure was created to provide legal security to a certain number of self-employed workers who practice their profession and are economically dependent on a client from whom they receive at least 75% of their turnover.
We can comment on some of the differences:
In the case of TRADE, you have to be self-employed in advance. A sign of being falsely self-employed is that the company requires you to acquire this status.
A TRADE develops his activity under his own criteria and organization, the false self-employed person must follow the guidelines of his superiors.
Differentiation from employees is also a sign that indicates the position of TRADE, for a false self-employed person there is no such differentiation.
A TRADE has its own infrastructure to carry out its professional work, the false self-employed person uses the technical and logistical means of the company.
The TRADE receives benefits that regulate his salary. He enjoys 18 working days of vacation (unpaid), weekly rest and holidays. The False Self-Employed cannot benefit from any agreement, he has no right to minimum wage or vacations.
If the client terminates the contract without justification, he will be entitled to compensation. In the case of a false freelancer, if the client terminates the contract without justification, he will be dismissed without the right to compensation and without the need to receive any explanation.
Comparison between economically dependent self-employed trade and false self-employed
In other words, the TRADE maintains his independence and assumes his own risks, knowing that 75% of his income comes from a single client. While the false self-employed person depends directly on the company.
Sanctions for the company.
If a company has agreements with false self-employed workers, it is committing labour law fraud under Article 22 of the Law on Violations and Sanctions of the Social Order , with the amounts of the sanctions being indicated in Article 40 of the same law. The amounts will vary depending on the degree of seriousness with which the infringement is assessed by the labour inspectorate.
In addition to the obligation to admit the worker into the company (sign him a contract under the general social security system), labour inspectors can also force him to pay contributions for the time he has worked as a false self-employed worker. An important point to bear in mind is that, in addition to committing a legal fraud, these actions by the company can lead to a criminal offence in the event that more than 50,000 euros in unpaid contributions are exceeded within a period of four years.
It's clear, report.
If you are sure that you are a false self-employed person and lawyer mailing list you have sufficient evidence to prove it, go to your union and get advice on everything you can do. Don't worry if you have been fired, you have a period of 20 working days from the date of dismissal to file a complaint.
Remember, you must defend your rights and that in situations like this, you are fully protected by the law. And with a good strategy and patience, you can seek justice in a completely illegal situation. We recommend that you seek specialized legal information if you find yourself in this situation.
At Cursos Femxa we support the employability of self-employed workers through training plans specially designed for them. If you want to advance in your profession, train yourself and reach more clients, it is time to choose the course that will allow you to perform new functions and have more capabilities.