IMPORTANT NOTICE FOR SELF EMPLOYED PEOPLE IN SPAIN

A very important change in the labour law has taken place last year which affects 3 million self employed people in Spain.

All those who are working for a single source of income, in other words, if you bill your employer for more than 75% of your income, you are classed as a Dependend Self Employed Person, or Autonomo Dependiente. The Spanish state has seen that these people are working to set hours, have scheduled days off, like an employed person under labour contract, yet without the benefits and protections these contracts offer.

From last year on, anyone working self employed like this for more than half a year with one company, will be treated as a FIXED employee. So you cannot be sacked for no reason, and can claim compansation if that happens. Any contract you may have signed with your company is deemed invalid if it contradicts any labour law. 

There is also a special union representing your interests, called UPTA, a branch of the huge UGT union.

Any labour disputes are best taken to an independent labour lawyer. 

This new legislation will benefit many so called self employed persons who are foreigners here and may not understand their rights in Spain. Often, these people are victims of illegal dismissals and other labour abuses.

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Hi Robert this is very interesting for me as I was recently made redundant from a UK based company in Spain.  I will give you the story in brief !!!

I have worked autonomo for 3 years in Spain, paying all my taxes, IVA etc.  I got a job last year 08.01.07 and was employed autonomo initially and then was put on full contract from beginning of May 07 and was made redundant in April 08.  To be fair the company gave me a good pay off etc in line with spanish law (45 days etc).

My wife was made redundant in October 2007 and was able to claim the dole for 3 months as she had worked on contract for over a year etc.  Hence I thought I would be eligible having worked in Spain for over 3 years.  However after many visits to the Servef (Dole Office) and queuing up at 06.00 just ot get a ticket !!!!  I was told that  all my autonomo payments etc did not count for anything and as I had only worked 338 days on contract I could not claim as I needed to have worked min 360 days on contract !!

Are you now saying that Autonomo has the same rights as Fixed Contract and hence in theory I should be able to claim the full amount.  Bascially I have lost 4200 euros although I (and my wife) have paid into the spanish system for over 3 years and done everything by the book !!

Can you help ???  I probably won't pursue this but am interested in what my rights are !!!

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Hi Sheriff,

The new laws for Autonomos Dependientes came in fact into force in September last year, when you where already on a labour contract. And indeed, there is a limited minimum of days you have to work in order to claim dole money. Dole here is a proportion of the salary earned and only is paid out for a limited amount of time according to the amount of years worked. There are family support payments after that, but realistically, they would not cover even the minimum of living standard of a family. It looks as you have been treated legally, as well as your wife. Autonomo dependiente rights do include better rights concerning unemployment benifits, but as mentioned, these laws are very new and do not in your case apply.

Hope to have been of help!



This message was last edited by Robert H on 6/3/2008.

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That's great Robert.  Thought as much and to be fair I can see both sides of the argument !!!  shame I am not in the Uk as I could have strolled and in and claimed benefits, got a house etc etc !!!!!!

Oooppss !! I am getting on my Soap Box !!  Must try and remember the reasons we moved to Spain in the first place.

Thanks once again - very helpful stuff !! 

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