Post by account_disabled on Mar 4, 2024 22:28:43 GMT -5
The Superior Court of Justice of Madrid dismisses the claim of a partner of a company, registered in the RETA, ruling that the activity she carried out was for her own benefit and not on behalf of others.
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 Fax Lists 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 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 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 Fax Lists 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 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.