Chartered and Insured

The guarantee of 3 professional and insurance RC

Collegi d'Advocats de BarcelonaCol·legi de Graduats Socials de BarcelonaCol·legi d'Economistes de Catalunya

We believe that professional ethics requires assuming possible mistakes. The professionals of our team are registered with the Association of Economists of Catalonia, the Barcelona Bar Association and the College of Graduate Social XX respectively and has the protection of a liability insurance.

Daya work day to improve and adapt our methods and internal control processes but even before any error, you stress protected

Tax and Labour Advising Barcelona

TRADE the economically dependent self-employed worker

The concept of economically dependent self-employed worker (also known in Spain as TRADE) falls between the two opposite concepts of employment and self-employment.

It refers to those who do not correspond to the traditional definition of employee because they do not have an employment contract as dependent employees.

However, although from a formal point of view they are self-employed, they are also economically dependent on a single employer for all or much of their income (according to Spanish law more than a 75% of their Wages and salaries, either as a salaried employee or as a businessperson).

This special relationship is strongly regulated and needs to be carefully defined in a written contract which should also determine whether it is permanent or temporary.

There are many contract templates around the Internet but we strongly recommend to ask a professional. A lawyer can think ahead and add clauses that may prevent future problems, which could lead to a situation where the employer finds out the TRADE worker is, according to Spanish law, a regular employee with a permanent contract.

It is important to remember that this concept has numerous requirements, for example:

  • A TRADE cannot act like an employer hiring its own employees.
  • It needs to have its own productive resources to do the job.
  • It needs to be fully distinguishable from the regular employees of that business, since he is actually operating as an external service provider.
  • The customer should neither command the TRADE nor subject him to timetable, designated working space or disciplinary action.

From the TRADE workers point of view, being formally self-employed it follows that they need to take care of their taxes and social insurance payments, tasks that can be avoided and simplified by hiring a tax manager.

Feel free to contact us for more information.

Fargas's News

See all news

Recive us in your mailbox