The figure of the false self-employed has spread in the labor market, a fraud by which this type of workers perform services for a company or client as if they were employed, despite being registered in the Special Scheme for Self-Employed Workers (RETA).

But, how to know if we are practicing as false self-employed? How do you detail from Autonomous Union UATAE, it is a salaried person “whom the company requires to register as self-employed in order to work, but fulfilling all the characteristics of paid employment. The company saves the cost of Social Security and the worker no longer has the rights that would correspond to him as such.

How to recognize if you are a false self-employed

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In this sense, the false self-employed can be in any sector of activity and from UATAE they stand out Three factors to know if you are working or not as a false self-employed:

  • The working tools: the self-employed worker must be responsible for buying their own tools and means of work. If these elements are provided by the client or the company, you may be in a situation of false self-employment. “This is what is known as the concept of alienation.”
  • A set schedule and job title: This is known as dependency and it means that if you have a physical place of work and hours established by the company, you are probably a false self-employed person.
  • The salary is determined by the company: if you decide how much you are going to earn, how you are going to collect that money, you are probably in this situation. “If you cannot freely negotiate your salary, bonuses or distribution of profits.”

The consequences for the workers is that, on the one hand, they will have the same obligations as the rest of the workforce hired by the company, but they pay their own contribution to Social Security.

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Likewise, they do not have the rights recognized by the agreement of the sector in which they work, nor the right to paid vacations, leave of absence or reductions in working hours. “They will be able to fire you whenever they want, without cause, without compensation and without settlement”he warns.