The false self-employed worker is the employee who registers in the RETA, the Special Regime for Self-Employed Workers, but instead of working for his own account, he does it for someone else’s account. This means that the company for which he does his work saves himself paying for Social Security and paying taxes to the Treasury, while the false self-employed must comply with the demands of his employer without having the same rights or benefits as regular employees. , but the same obligations.
What advantages does a false self-employed person have?
That he has a job (bad) and with it a salary (poor), that is the only advantage and the reason why many people accept these illegal working conditions and that they suppose an abuse against the self-employed and a fraud on the part of some Business.
What disadvantages does a false self-employed person have?
- He has no employment contract.
- He is no longer his own boss.
- Work to the orders and according to the criteria of others.
- Your schedules can not be arranged according to your convenience.
- You can not decide your vacation times.
- Your Social Security fees must be paid.
- You have to do your own or paying a quarterly liquidation of VAT and IRPF to an agency.
- No one will pay you if you take vacations.
- You are not entitled to unemployment benefits.
- No one will indemnify you if you dispense with their services.
- By not being part of the staff of the company, you will not be entitled to any benefits, such as training, salary increases, etc.
- You can not request paid leave for maternity, reduction of working hours, breastfeeding time, etc.
- It can not benefit from the Statute of Workers in situations of abuse, harassment …
- He is totally defenseless before any injustice: without he does not like what there is, he only has to leave with empty hands.
Why is the false self-employment situation illegal?
Because the law says it. The businessman who has a false self- employed worker in his company is a fraudster: he is saving the payments and taxes to the Social Security and the Treasury, breaking the laws and charging the costs on the self-employed worker.
There are already several sentences that condemn companies that have false self-employed at their service. The most notorious case has been that of Deliveroo , the home delivery company, of British origin, which operates in different countries; among them, Spain. Both the Treasury and Social Security want to put an end to these frauds of law because they make them lose a lot of money.
Can not work regularly for the same company being autonomous?
Of course yes. Many self-employed do so, but not exclusively or with the obligation to comply with the same rules as the template and without having any of its advantages.
If a self-employed person works almost exclusively for a company, that is, receives at least three quarters of his or her income, it is considered a “trade”, that is, a self-employed worker who is economically dependent .
The Law 20/2007 of 11 July, the status of self also regulates the work of economically dependent autonomous. And it specifies that workers who receive at least 75% of their income from a single company or client will have a higher level of protection than the simple self-employed, although they will not reach the advantages of employees.
Apart from receiving the quoted percentage of the total income, to be considered a trade it is necessary that the worker meets the following requirements:
- Do not have workers under your charge.
- Do not subcontract or hire workers who perform the activity for which you have been hired.
- Not be the owner of an establishment or commercial and industrial premises, office or office open to the public.
- Not to exercise their work together with others under the corporate regime or under any other legal form admitted.
- Not having the same situation with more than one client.
- Do not perform the same tasks as employee employees of the company.
- Have your own infrastructure
- Have the necessary work materials for the development of their activity.
- Be registered in Social Security and Finance.
- Pay the corresponding Social Security fee and, in addition, for the concepts of temporary disability, work accidents and occupational diseases with a mutual.
- Sign a written contract between both parties in which the status of economically dependent self-employed worker appears.
- Register the contract in the Public State Employment Service
Advantages of being a trade
The main associations of self-employed workers demand that the rights and advantages of economically dependent self-employed workers be equated with those of employed workers. Although not all the self-employed would like to become trades, they do have some advantages:
- They have an employment contract.
- The duration of the contract may be indefinite, or be fixed only until the end of the service contracted or be that agreed by the parties.
- They can carry out their work according to their organizational criteria, even if they accept the general indications of the company for which they work.
- They have the right to an annual break of at least 18 working days.
- They can choose their representatives before the company.
- They are entitled to compensation for damages when the contract is unjustifiably breached.
- They can access the protection of the jurisdiction of the social.
- They can bill monthly or quarterly as they prefer.
- They are entitled to compensation when the contractual relationship is broken by default or for an unjustified reason.
But beware, also, they are obliged to indemnify the company that has hired them for the damages caused if they are the ones that do not comply, for which they would do well to have a professional liability insurance that, for very little money to the month, allow the economically dependent self-employed or also the self-employed.
If you are false self-employed, report
Whoever subtracts revenues from public coffers or defrauds steals us all . That is why it is important to report to the Labor Inspectorate or the Social Court. In the case that you are working or have worked as a false self-employed person, you can and should denounce it, because it is everybody’s job to end the fraud.