Post by account_disabled on Feb 20, 2024 20:34:37 GMT 12
The Superior Court of Justice of Madrid has dismissed the claim of a self-employed worker who requested that her employment relationship with a company be recognized on the basis that she had an account and daily access to the employer's management software . The Chamber has ruled that in the present case the necessary conditions that characterize the employment relationship were not met.
In the opinion of the court, when the employee provides services in teleworking mode, having absolute autonomy, freedom and independence to choose the time Fax Lists he dedicates to carrying out administrative tasks from his home without any external control and without being incorporated into the scope of the organization and management , it cannot be declared that there is an employment relationship between the worker and the company.
The woman accessed the company's management software
In the present case, the plaintiff together with her husband, married in community property, constituted a limited liability company in 1995 by means of a notarial public deed, the capital stock being constituted by 500 shares, with each partner corresponding to 250 shares, consisting In the third stipulation, the man was appointed sole administrator . The woman has been registered in the Special Regime for Self-Employed Workers (RETA) since 2008, paying self-employment fees until September 2021. Likewise, her husband has also been registered in the RETA since 1992.
The plaintiff had been teleworking since November 2019, using the business management software called Expert ERP that the company used , which requires a username and password, with the user “Jade” appearing in the database record, which is identified with the name of the plaintiff. The plaintiff accessed the application during 2021, creating records and modifying them, until the end of November of that year, when her contract was terminated.
However, the plaintiff did not have a specific work schedule, performing functions of assisting personnel, preparing orders, loading trucks and banking procedures. The plaintiff chose vacations with her husband, the sole administrator of the company . For her services, the company paid her a salary in the amount of 3,055 euros.
In the opinion of the court, when the employee provides services in teleworking mode, having absolute autonomy, freedom and independence to choose the time Fax Lists he dedicates to carrying out administrative tasks from his home without any external control and without being incorporated into the scope of the organization and management , it cannot be declared that there is an employment relationship between the worker and the company.
The woman accessed the company's management software
In the present case, the plaintiff together with her husband, married in community property, constituted a limited liability company in 1995 by means of a notarial public deed, the capital stock being constituted by 500 shares, with each partner corresponding to 250 shares, consisting In the third stipulation, the man was appointed sole administrator . The woman has been registered in the Special Regime for Self-Employed Workers (RETA) since 2008, paying self-employment fees until September 2021. Likewise, her husband has also been registered in the RETA since 1992.
The plaintiff had been teleworking since November 2019, using the business management software called Expert ERP that the company used , which requires a username and password, with the user “Jade” appearing in the database record, which is identified with the name of the plaintiff. The plaintiff accessed the application during 2021, creating records and modifying them, until the end of November of that year, when her contract was terminated.
However, the plaintiff did not have a specific work schedule, performing functions of assisting personnel, preparing orders, loading trucks and banking procedures. The plaintiff chose vacations with her husband, the sole administrator of the company . For her services, the company paid her a salary in the amount of 3,055 euros.