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This might be of interest to all those who work as 'self employed' in the real estate industry:
As from last September, the labour statutes have changed in favor of those who work full time for a company but are self employed. Often, foreign agents working in Spain are not aware of their new rights that now protect them.
If you depend on more than 75% of your income from one single source, and are 'employed' for longer than six months by that company, you are treated as a fixed employee, and enjoy similar rights as a full time employee on a fixed labour contract. So you can not be sacked willy nilly, and can claim 'finicito' payments from the company. It also means that any 'contract' you have signed with the company is not legally binding if it differs from the labour statutes, even if you signed it.
This law applies to all 'Autonomos Dependientes' in Spain.
Of course it is important to use an independant labour lawyer if you have any questions.
R H
Marbella
This message was last edited by Robert H on 5/17/2008.
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Robert H
Marbella
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Hi, please excuse my ignorance but what is finicito payments?
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i was very interested to see how this law would effect the job front when it was introduced,it means many of the larger REA will not be able to hire and fire as they used to.
I think Robert was talking about the Spanish equivalent of redundancy payment,if on contract, dismissal is quite hard without the company being held financially responsable,what the new law is trying to do is bring the self employed onto a level playing field with contracted workers.
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www.taylorlandandpropertygroup.co.uk
still here after all these years!
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Ah I see, thanks for clearing that up.
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Finiquito payments are calculated as follows:
Outstanding holidays (30 natural days per year). If you have not had holidays say in 2007, then these do not add up to 2008. However, they will be have to paid when you leave the company.
When one is asked to leave the company, (despidido improcedente) there are further payments. The first thing you do in this case is get a gestor laboral (labour lawyer) to help you get everything settled. This includes a payment from the company through the courts, as well as any owed wages, holiday payments, and 45 days for every year worked. In the case of sales people, any commissions still owed needs to be recorded as a claim through the courts. The prod¡cedures are quite simple, and quick compaired to ususal civil court cases. (The courts dealing with these matters are different, called Tribunales Laborales) If you do get fired, do not sign anything, but always ask for your dismissal in writing, and have always ample proof of 'employment' at hand. (Letters, emails, bills, visiting cards, etc.)
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Robert H
Marbella
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Hi like many others i was told by my company that they no longer want me after two years due to me asking about commisions not paid ...they refuse to send me a letter stating im finished and HR no longer respond to my emails they still owe me commision. who do i contact and how do i prove they sacked me when they will not respond also they have left me broke so how can i pay for a lawyer?
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Hi BeachboyBarry,
You need a labour lawyer, which you might be able to get through UPTA, the union representing dependent self employed people in Spain, which is a branch of the huge UGT union. You need proof that you worked there, usually your factura's and some letters and business cards will suffice. Emails demanding you commissions will be usefull too. There are many cases where lawyers dealing with these types of cases work pro forma, you pay their fee when you win. In the mean time, These cases also may involve an investigation on behalf of the Seguridad Social of the company involved, which can be very costly to them. I read earlier that you worked in company well known for its very modest and humble owner, so you should be able to get more discrunted colleagues together and present a larger case. It just makes it more stronger for a lawyer and you. This message was last edited by Robert H on 7/24/2008.
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Robert H
Marbella
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Just in case you are in Andalucia: http://www.eyeonspain.com/blogs/costaluz/319/ugt-and-ccoo-addresses-in-andalucia.aspx
Please let me know if you are not and where you are instead.
Best,
Maria
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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yes im in andalucia is there any one else in the same boat with mri?
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Hi, if you worked for two years in MRI, you must have some contacts of people in the same boat. Often you find with these larger companies that they will try and browbeat people into not taking actions with threats that they will never find work again etc. Not only is this practice illegal, it is also hot air from companies who think they are above the law and have a right to do anything they want. I have so far met nobody who left, sued, and is not working again.
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Robert H
Marbella
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Oh yes!
And Labour Judges are communly inclined to apply Law more in favour of workers in Spain...
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Before repeating myself ad-infinutum - see my earlier post on 'Employees' thread.
In hindsight, I wish I had had the energy to follow through with the offer of a very reasonable fee/commission from the laboral abogada that I went to see. (She only wanted 10% of what she finally won!)...
But sometimes one has to weight up the pros & cons.
It is so maddening that we all have to learn the rules the hard way and to stand up for our rights. I know there are a high number who will take the pee out of the system - but for the hardworking, loyal, employee it gets your goat to know the employers are trying to pull a fast one. (I have heard it is esp bad in the real estate business - Hence me never going near it!).
But if you have the energy - anyone who comes up against bad business practice/unprofessionalism - then DO take action if you have the energy!
Regards to all,
Susan
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Heard the name MRI mentioned once or twice - I know 3 sales agents who have tried to sue them - of which one succeeded. It is always difficult in Spain with these matters - find yourself a good lawyer and know your costs beforehand.
Paul
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www.televisiontechnology.eu - Satellite TV, network telecomms, IPTV & community support.
www.facebook.com/televisiontechnology
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I was a salesman and i nevea had any rights lol
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Yeah, salesman really need to have rights. everyone must know/have there rights.
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