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11 January 2009

The Social Security and the Independent one

Who will be including in CHALLENGES (Special Regime of Trabajdores Independent)?

  • Workers majors of 18 years, that, of habitual form, personal and direct, realize for a reason or purpose lucrative an economic activity, without subjection to work contract.
  • Spouse and relatives until the second degree inclusively (in the case of workers of the Special System of Independent Workers, until the third degree) by consanguinity, affinity and adoption that collaborate with the independent worker of personal form, habitual and direct and do not have the condition of employees.
  • The book writers.
  • The independent workers economically employees to whom Chapter III of Title II of Law 20/2007 talks about, of 11 of July.
  • The foreign independent workers who reside and carry out their activity in Spanish territory legally.
  • Professionals who independently carry out an activity, that requires the incorporation to a Professional School whose group has been integrated in the Special Regime of Independent Workers.
  • The industrial partners of collective regular societies and limited partnerships.
  • The working partners of the Cooperatives of Associated Work, when these decide on this regime in their statutes. In this case, the minimum age of inclusion in the Special Regime is of 16 years.
  • Coproprietors or partners of communities of goods and irregular civil societies.
  • Who exert direction functions and management that entails the performance of the position of adviser or administrator, or serves other for a mercantile, for a reason or purpose lucrative capitalist society and of, whenever they own the effective control, direct or indirect habitual, personal and direct form, of that one. It will be understood, in any case that such circumstance takes place, when the actions or participation of the worker, at least, suppose half of the share capital.
  • It will be presumed, except for test in opposite, that the worker owns the effective control of the society when some of the following circumstances concur:
    - That, at least half of the capital of the society for which it renders its services is distributed between partners, with whom it coexists, and to those who is united by conjugal bond or of kinship by consanguinity, affinity or adoption, until the second degree.
    - That their participation in the share capital is equal or superior to the third part of the same.
    - That their participation in the share capital is equal or superior to the quarter of the same, if it has attributed to functions of direction and management of the society.

    The working partners of the labor societies, when its participation in the share capital along with the one of its spouse and relatives by consanguinity, affinity or adoption until the second degree, with which they coexist, reach, at least the fifty percent, unless it credits that the exercise of the effective control of the society requires the contest of people other people's to the familiar relations.

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    - There per 1992, my Carmen partner Lopez Regidor and I realized of which we had to settle by “our account”, nobody employed to us related to what there were been studying. A young lawyer and a young fiscal adviser lay down ahead. The means whereupon we counted were many desire, illusion and a computer, but not one client.

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